Gerard F. Bifulco

Gerard F. Bifulco is a trial and appellate attorney, primarily focused on complex commercial and business disputes, who uses innovative legal strategies and a relentless work ethic to assist clients at all stages of litigation. Gerard’s attention to detail, effective legal writing, and strong communication skills allow him to help clients reach their desired outcomes quickly and efficiently.

With experience handling disputes in state and federal courts and before domestic and international arbitration tribunals, Gerard has represented corporate entities and individuals throughout the country. He has handled matters at both the trial and appellate levels, including arguing and winning a case before the U.S. Court of Appeals for the Fifth Circuit.

In addition to handling complex commercial and business disputes, Gerard’s experience also includes representing clients in intellectual property, employment, constitutional, administrative, real estate, and banking law matters. He has been recognized by the peer-selected Rising Stars, published by Thomson Reuters, in both Texas and New York.

Gerard previously served as a law clerk to the Honorable Orinda D. Evans, U.S. District Court for the Northern District of Georgia, and the Honorable Catharina Haynes, U.S. Court of Appeals for the Fifth Circuit. He previously worked at Davis Polk & Wardwell LLP and Chaffetz Lindsey LLP in New York City, and Cleveland Terrazas PLLC and Cleveland Krist PLLC in Austin.

• Federal Bar Association
• Austin Bar Association, Austin Young Lawyers Association
• American Inns of Court, Lloyd Lochridge Inn, Associate

• Rising Stars, published by Thomson Reuters, 2020 - 2022, 2024

• 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.
• 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 an application for a temporary injunction in Travis County, Texas, on behalf of a real estate developer in a business divorce concerning a joint venture for a multimillion-dollar real-estate development.
• Secured the denial of a preliminary injunction in the United States District Court for the Western District of Texas on behalf of a real estate developer in an intellectual property dispute.
• Successfully pursued claims on behalf of a business owner in both an AHLA arbitration and the United States District Court for the Southern District of 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.