Our Litigation Approach

Our Litigation Approach

An elite litigation firm

Selendy Gay’s practice is dedicated to excellence in litigation and investigations. We have gathered legal talent of the highest caliber—the smartest minds, the most agile courtroom lawyers, and the most creative strategists.

Our clients hire us to win, and we do. But clients deserve more—the highest level of attention, guidance, and strategic support. Focusing on our clients’ interests prepares us for when our client might need us most: a suit that might make or ruin a reputation, a change in corporate leadership or direction, a technology breakthrough or breakdown, or a shift in the regulatory landscape.

Unparalleled victories for plaintiffs and defendants

Our partners have earned industry-leading reputations by winning trials of the highest stakes in nearly every type of complex commercial litigation, arbitration, and investigation. As plaintiffs' counsel, we have obtained more than $46 billion in recoveries, including several of the largest residential mortgage-backed securities (RMBS) recoveries in U.S. history, and we have pioneered claims, and even practice areas, that held institutional giants accountable. As defense counsel, we have obtained major dismissals of complex cases in federal and state courts across the country, won bet-the-company cases that threatened the existence of our clients’ businesses and business models, vindicated individuals in aggressive white-collar prosecutions, and successfully counseled clients in fast-moving investigations.

Our approach to litigating is state-of-the-art, backed by extraordinary levels of due diligence and a focus on trial-readiness that has been proven to yield optimal outcomes. We seek to establish an immediate advantage for our clients by narrowing the issues for trial, including through innovative approaches to discovery (such as through the use of statistical sampling in cases involving voluminous evidence) and targeted motions for partial summary judgment that can dismantle our opponent’s best defenses before trial even begins.

Our teams have represented clients in litigation, investigations and appeals brought by the Securities and Exchange Commission (SEC), the Department of Justice (DOJ), the Commodities Futures Trading Commission (CFTC), the U.S. Department of the Treasury and its Office of Foreign Assets Control (OFAC), the Internal Revenue Service (IRS), the Financial Industry Regulatory Authority (FINRA), and a number of state attorneys general. We also work in tandem with the DOJ, the U.S. Attorney’s Offices in New York, the New York State Attorney General’s Office, and the Manhattan District Attorney’s Office, among other prosecutors and agencies.

A market-leading model for litigation teams

We look at our legal teams holistically, right-sizing matters across our ranks of talented partners, associates, staff attorneys and temporary staff attorneys, then strategically using contract attorneys to fulfill specific needs at certain times. This model allows us to remain flexible, ramping teams up or down depending on litigation needs during a case’s life cycle.

We also offer a variety of bespoke fee arrangements that align our economic incentives with our clients’ goals. We will consider contingency fees, success fees, and other results-based compensation, along with flat-rate fees and hybrid arrangements. We will also represent class-action plaintiffs on a contingency basis.

For any alternative fee arrangement to be successful, there must be good communication and clear expectations from the start. We work closely with our clients to establish benchmarks up front, and revisit them regularly to track progress, monitor fees, and provide ongoing updates on accrued fees, allowing us to avoid inefficiencies.