Education
-
Emory University School of LawJ.D., with highest honors
-
The University of North CarolinaB.A., with distinction
Clerkships
- Hon. Orinda D. Evans, United States District Court for the Northern District of Georgia
- Hon. Catharina Haynes, United States Court of Appeals for the Fifth Circuit
Representative Matters
- Successfully represented a shipping and logistics company in a commercial arbitration, defeating nearly $8 million in claims alleging fraud and breach of contract, and obtaining an award of 100% of claimed damages for our client after a three-day evidentiary hearing in Dallas, Texas.
- Successfully represented a medical supplies company in a commercial arbitration on a breach-of-contract claim against a supplier, obtaining a seven-figure award for our client after an evidentiary final hearing in New York, New York.
- Successfully defeated a writ of certiorari before the Supreme Court of the United States concerning sovereign immunity for government contractors on behalf of client contracted to provide contact center operations services on behalf of the Centers for Medicare & Medicaid Services.
- Obtained a reversal of a summary judgment on an appeal before the United States Court of Appeals for the Fifth Circuit on behalf of an individual alleging employment discrimination against a former employer.
- Secured a favorable resolution on behalf of a project owner in an ICC arbitration arising out of the construction of a solar plant in a dispute involving claims in excess of $1 billion.
- Successfully represented a shipping and logistics company in a contentious business separation litigated in both a commercial arbitration in Wilmington, Delaware and the United States District Court for the District of Delaware.
- Successfully defeated a motion for attorneys’ fees (which was the equivalent of a successful motion to dismiss) following client’s issuance of supplementary disclosures that mooted shareholders’ claims of omitting material information from the prior disclosures in violation of the Securities Exchange Act of 1934.
Biography
Gerard F. Bifulco is an advocate who has built a sterling reputation with clients and colleagues alike for his strategic thinking, attention to detail, and relentless work ethic.
Gerard has represented individuals and corporate entities in a variety of complex commercial cases in state and federal courts, as well as domestic and international arbitration tribunals. He has handled matters at both the trial and appellate levels (including arguing and winning a case before the United States Court of Appeals for the Fifth Circuit). In addition to complex commercial and business matters, Gerard has experience in a wide variety of subject areas, including employment law, administrative law, and constitutional law.
Gerard graduated fourth in his class from Emory University School of Law, where he was an editor of the Emory Law Journal and a member of the Order of the Coif. While at Emory, he externed for the Honorable Amy M. Totenberg, United States District Court for the Northern District of Georgia. Gerard earned his undergraduate degree from the University of North Carolina at Chapel Hill, where he graduated with distinction with majors in Political Science and Economics and was a member of the Honors Program.
Gerard previously served as a law clerk to the Honorable Orinda D. Evans, United States District Court for the Northern District of Georgia, and the Honorable Catharina Haynes, United States Court of Appeals for the Fifth Circuit. He previously worked at Davis Polk & Wardwell LLP and Chaffetz Lindsey LLP in New York City.