In addition to his civil litigation practice, Peter represents clients in investigations and enforcement actions pursued by regulatory agencies and major exchanges arising out of US and foreign securities, options, futures, derivatives, capital markets and asset-backed transactions.

Peter is also experienced in disputes involving antitrust claims, unauthorized trading, front running, prearranged trading, improper and negligent execution of trades, market manipulation, failure to supervise, compliance with exchange rules, fraudulent representations and broken trades.

Peter has substantial experience before the federal district and bankruptcy courts, state courts (in New York, California, and across the United States), arbitration panels, administrative law judges and self-regulatory organizations, as well as substantial appellate experience before the federal circuit courts of appeals and various state appellate courts.

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• Representing the servicer of commercial mortgage loans in connection with a dispute with the borrower regarding the borrower’s breach of the duty of good faith and determination of the net refinancing proceeds for repayment of the loan’s B note*
• Representing one of the largest mezzanine lenders in the Extended Stay Hotels (ESH) bankruptcy in connection with enforcing its rights in both Bankruptcy court and New York State Supreme Court under the intercreditor agreement and under the guarantee provided by ESH’s principal owner*
• Representing the term loan lenders in connection with the two trials defeating confirmation of the successive Chapter 11 plans of reorganization for Paragon Offshore Ltd. *
• Representing a German bank that provided receivables financing for the Petters Company and Polaroid in connection with the defense against an adversary proceeding that loan repayments were fraudulent transfers*
• Representing a hedge fund in connection with defending an action alleging a conspiracy among a number of short sellers and analysts to drive down the price of a company’s stock*
• Representing a market maker and proprietary trading firm in connection with CFTC regulatory enforcement proceedings alleging conspiracy to manipulate the price of gold and silver futures contracts*
• Representing the largest options market maker in connection with defending an antitrust action alleging a conspiracy to restrain the pricing of options contracts on various exchanges*
• Representing a physical commodities merchant in connection with international and CFTC regulatory enforcement proceedings and numerous federal and state class actions alleging conspiracy to manipulate the price of copper and restraint of trade*
• Representing a securities exchange in connection with a challenge in the United States Court of Appeals of a new trading instrument authorized by the SEC*
• Representing an investment manager in connection with defending an action alleging unauthorized investments, ERISA violation and breach of fiduciary duties*
• Representing an institutional investor in connection with a dispute with its co-trader regarding allocation of certain Canadian taxes arising out of the trade of Canadian preferred securities*
• Representing noteholders in connection with defending interpleader actions to enforce their rights under the indentures against issuers, other noteholders and hedge counterparties*
• Representing servicers and the bondholders for the mortgage on the World Trade Center in connection with an action to enforce the collateral rights to the insurance proceeds and to compel repayment of the mortgage and the bonds*
• Representing a subprime credit card issuer in connection with the appeal from the judgment in an enforcement proceeding by a state attorney general alleging false and deceptive practices*
• Representing one of the five arranger banks in connection with defending against the US $20 billion fraudulent conveyance action in the Lyondell Basell bankruptcy arising out of the 2007 Lyondell Chemical Company leveraged buyout*
• Representing foreign bank and hedge fund lenders in connection with actions to enforce loan obligations and accompanying guarantees and to foreclose on collateral*
• Representing a commercial real estate finance company in connection with an action to enforce the obligation to repurchase preferred equity and the transfer of management rights as a result of the default and defending a separate action for lender liability*
• Representing a lender in connection with defending against claims that the formation of a new bank to hold the lender’s nonperforming loan portfolio in the midst of the 2008 financial crisis triggered the borrower’s right of first refusal*
• Representing a biotechnology company in connection with an action against a town that attempted to override the tax exemptions granted by an industrial development agency for the production and research facilities constructed by the company*
• Representing a British private equity fund in connection with claims of misrepresentations and fraud regarding the financial statements against the seller of an automotive parts division*
• Representing a foreign airline in connection with international arbitration of disputes under contracts to provide servicing of the aircraft fleet and to manufacture equipment for new aircrafts*
• Representing an international luxury goods company in connection with claims against an online retailer for the sale of fraudulent and counterfeit jewelry*
• Representing a parent corporation in connection with criminal fraud and libel claims with respect to promissory notes issued in connection with the purchase of a mining business in Peru*
• Representing the chief executive officer of a major industrial holding company in connection with defamation actions against New York and London newspapers*
• Representing an international modeling agency in connection with defamation claims arising out of re-airing of a documentary in the United States*

*Matter handled prior to joining McDermott

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Courts/Agencies
US Court of Appeals for the First Circuit
US Court of Appeals for the Second Circuit
US Court of Appeals for the Third Circuit
US Court of Appeals for the Fourth Circuit
US Court of Appeals for the Fifth Circuit
US Court of Appeals for the Sixth Circuit
US Court of Appeals for the Seventh Circuit
US Court of Appeals for the Eighth Circuit
US Court of Appeals for the Ninth Circuit
US District Court for the Eastern District of Michigan
US District Court for the Eastern District of New York
US District Court for the Southern District of New York

Languages
English

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