Peter Haveles, a Partner in the Complex Commercial Litigation Department, focuses his practice on complex disputes involving the financial markets and commercial transactions. Over the course of his career, Peter has developed an extensive understanding of his clients’ business operations, the financial markets in which they operate and the risks that accompany them. Based on that knowledge and experience, he has advised clients with respect to litigation risks for numerous transactions and litigation arising from those transactions. In addition, Peter actively counsels clients of the firm in these areas to minimize the litigation risks associated with their businesses, and to resolve disputes as efficiently and effectively as possible. He has been recognized as a “Litigation Star” by Benchmark Litigation from 2012 through 2015. In 2015, Peter also won the Burton Award for distinguished legal writing. The Burton Awards is a non-profit program which is run in association with the Library of Congress.
Peter has represented numerous financial services institutions and other participants in the financial markets in connection with civil litigation and investigations and enforcement actions pursued by regulatory agencies and major exchanges arising out of U.S. and foreign securities, options, futures, derivatives, capital markets and asset-backed transactions. He has addressed 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 represented financial institutions, corporations, and individuals in a broad array of commercial and corporate litigation throughout the United States. These disputes have involved breach of contract, lender liability claims, enforcement of indentures and intercreditor agreements, fraudulent conveyance claims, corporate governance, acquisition and shareholder disputes, preservation and restructuring of distressed assets, major real estate loan defaults and partnership disputes.
Peter has substantial trial experience before the federal district and bankruptcy courts, state courts (both in New York and across the United States), arbitration panels, administrative law judges and self-regulatory organizations. He also has extensive appellate experience before the United States Court of Appeals for numerous circuits and the California and New York State appellate courts.
Peter graduated cum laude from Harvard College in 1976 and magna cum laude from Boston University School of Law in 1980. Between college and law school, he was a Rotary Foundation Fellow, and pursued graduate studies in political science at the University College of Wales in Aberystwyth, Wales. At law school, he was an editor of the Law Review.He is a past president of the Boston University School of Law Alumni Association, where he also served on its Board of Visitors for 10 years. He is President of the Board of Trustees of the Parrish Art Museum and the former President of the Board of Directors of the Irish Georgian Society.
- Represented one of the five arranger banks in the $20 billion fraudulent conveyance action in the Lyondell Basell bankruptcy arising out of the Lyondell Chemical Company leveraged buyout in December 2007.
- Represented parent corporation in action asserting that $150 million dividend from a bond offering by one of its subsidiaries that filed bankruptcy several years later was a fraudulent conveyance and in violation of Delaware law.
- Represented one of the largest mezzanine lenders in the Extended Stay Hotels (“ESH”) bankruptcy in connection with enforcing its rights under the intercreditor agreement and under the guarantee provided by ESH’s principal owner.
- Represented the largest options market maker in an antitrust action alleging a conspiracy to restrain the pricing of options contracts on various exchanges.
- Represented a physical commodities merchant in connection with international regulatory enforcement proceedings and numerous federal and state class actions alleging conspiracy to manipulate the price of copper.
- Represented a futures exchange in actions challenging its disciplinary procedures and rulings.
- Represented a subprime credit card issuer in the appeal from the judgment in an enforcement proceeding by a state attorney general alleging false and deceptive practices.
- Represented a hedge fund in an action alleging a conspiracy among a number of short sellers and analysts to drive down the price of a company’s stock.
- Represented investment manager inaction alleging unauthorized investments, ERISA violation and breach of fiduciary duties.
- Represented noteholders in actions to enforce their rights under the indentures against issuers, other noteholders and hedge counterparties.
- Represented preferred shareholders in an action to enforce their right to board representation.
- Represented the servicer and the bondholders for the mortgage on the World Trade Center in an action to enforce the collateral rights to the insurance proceeds, and to compel repayment of the mortgage and the bonds.
- Represented the servicer in actions by the indenture trustee and bondholders alleging breach of the servicing agreement for a pool of franchise loans.
- Represented lenders in action to enforce loan obligations and to foreclose on collateral.
- Represented an investment bank in connection with the investigation of trading of certain asset-backed securities by the TARP Inspector General.
- Represented an investment bank in connection with a dispute with a monoline insurer regarding the synthetic commutation of the credit insurance policy for certain student loan backed securities.
- Represented one of the banks that provided receivables financing for the Petters Company and Polaroid against claims that loan repayments were fraudulent conveyances.
- Represented lenders in enforcement of recourse and “bad boy” guarantees.
- Represented lender against claims by major commercial tenant in urban mixed-used mall seeking to impose liability for contact and tort claims against the foreclosed borrower.
- Represented lender against claims that 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.
- Represented 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.
- Represented a parent corporation in connection with Peruvian criminal fraud and libel claims with respect to promissory notes issued in connection with purchase of a mining business in Peru.
- Represented a biotechnology company in litigation against a town attempting to override the tax exemptions granted by an industrial development agency for the production and research facilities constructed by the company.
- Represented a trader in a dispute with its co-trader regarding allocation of certain Canadian taxes arising out of the trade of Canadian preferred securities.
- Represented an international luxury goods company in connection with claims against eBay for the sale of fraudulent and counterfeit jewelry.
- Represented the chief executive officer of a major industrial holding company in connection with defamation claims against New York and London newspapers.
In the Market
- Kaye Scholer’s Peter Haveles Wins 2015 Burton Award for Distinguished Legal Writing June 16, 2015
- Benchmark Litigation 2015 Recognizes Kaye Scholer for General Commercial and Product Liability Work Nationwide November 5, 2014
- Investment Management Newsletter Spring 2014