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H. Peter Haveles, Jr.

H. Peter Haveles, Jr.
Partner, Complex Commercial Litigation Department
peter.haveles@kayescholer.com

纽约
T: +1 212 836 7604

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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 2014.

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.

Representative Matters

  • 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 trade 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.

执业领域

教育

Boston University School of Law, JD, magna cum laude, 1980

Harvard University, AB, cum laude, 1976

律师协会

New York

Massachusetts

US District Courts for the Eastern, Northern and Southern Districts of New York

US Court of Appeals for the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth and Ninth, Circuits

 
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