Peter Neger has more than 30 years of litigation experience in both federal and state courts, and in arbitrations and mediations. His experience covers all phases of complex litigation, including litigation avoidance counseling, trials and appeals, pre-trial discovery andDaubertproceedings.
Currently, among other matters, Peter represents the owners of a large affordable housing project located in Brooklyn, N.Y., in federal and state court litigation challenging rent increase orders issued by government authorities; a European fund manager in connection with a dispute arising out of foreign investment in an alternative energy project; and the general partner of a real estate limited partnership in a lawsuit brought by the putative assignee of certain limited partnership interests. Peter is also pro bono appellate counsel for a Dominican citizen who was awarded custody of her infant daughter by the New York courts following a proceeding in the Dominican Republic under the Hague Convention on the Civil Aspects of Child Abduction.
Peter served as lead national counsel for a pharmaceutical manufacturer in the fen/phen diet drug litigation, involving more than 7,000 individual and class action lawsuits filed in a federal MDL and state courts throughout the United States. He was also the court-appointed defense liaison counsel in the Ephedra MDL and a member of the defendants' coordinating counsel. Peter served as national coordinating counsel for a manufacturer of generic methylphenidate and functioned in the same capacity in litigation involving claims that the use of a mercury-based preservative in childhood vaccines caused autism.
Peter has also represented clients in securities fraud and class actions; civil RICO actions; real estate litigation; foreclosure and other bank-related litigation; SEC enforcement proceedings; trademark infringement actions; and actions involving professional liability claims, sex and race discrimination claims, and alleged bankruptcy frauds.
Awards & Honors
• Best Lawyers, Product Liability Litigation (2006-2014)
• Best Lawyers,Mass Tort Litigation and Class Actions (2014)
• Super Lawyers,New York Metro (2006-2013)
• Euromoney's Guide to the World's Leading Product Liability Lawyers(9th edition), global product liability litigation (2012)
•Chair,Current Issues in Medical Device Litigation, American Bar Association Section of Litigation Workshop, New Orleans, La. (Oct. 10, 2007)
•Co-chair,Current Issues in Medical Device Litigation, American Bar Association Seminar, Ft. Worth, Texas (June 2006)
•Speaker,Winning Legal Strategies for Product Liability - 2006, Reed Logic: Executive Seminar on CD-ROM (July 2006)
•Moderator,Current Litigation Tactics and Trends, American Bar Association Seminar, New Brunswick, N.J. (November 2004)
•Landlord Victorious in Rare Federal Court Case Involving New York's Rent Law, Real Estate Newsletter (Fall 2013)
•Co-author, Standing in Privacy Lawsuits Where There Is No Injury, Bloomberg BNA Privacy & Security Report(March 25, 2013)
•Dissecting Consumer Class Action Bans, New York Law Journal(Sept. 2, 2008)
•Evaluating Electromagnetic Interference, New York Law Journal(July 1, 2008)
•Taser Scores Perfect Record Against Lawsuits, New York Law Journal(May 6, 2008)
•A Map to the Legal Landscape of GPS Devices, New York Law Journal(March 4, 2008)
•Class Action Proceeds Against Fujifilm, New York Law Journal(Jan. 29, 2008)
•When Electronic Devices Turn Against Owners, New York Law Journal(July 2007)
•Pre-litigation and Crisis Management Planning: The (Company's) Life You Save May Be Your Own, International Comparitive Legal Guide to: Product Liability 2006
In the News
Neger Discusses Generic-Drug Liability Ruling Law360, June 24, 2013 - Partner Peter Neger commented on the U.S. Supreme Court's June decision that users of generic drugs cannot bring state-law design defect claims against generics makers because the manufacturers cannot change a drug's design under federal law. Today's Supreme Court ruling in favor of the generic-drug manufacturer shouldn't be rocking anyone's world, Neger said. It was pretty predictable, given the trend in pharmaceutical and device preemption jurisprudence coming out of the court in the last several years - most notably,Riegel v. Medtronic Inc. andPliva. Neger went on to discuss the primary case that deviates from this trend. The principal outlier -Wyeth v. Levine, which upheld a Vermont tort law claim against a federal preemption argument - was written by since-retired Justice John Paul Stevens over a vigorous dissent by Justice Samuel Alito, who wrote the majority opinion in today's decision, he said. Neger explained that the 5-4 decision is fully consistent with the principles underlying the Hatch-Waxman Act, which established the modern system for government regulation of generic drugs.
Neger Co-Authors Article on Privacy Suits
Bloomberg BNA Privacy & Security Law Report, March 25, 2013 - Partner Peter Neger co-authored the article Standing in Privacy Lawsuits Where There Is No Injury, which discusses how California federal court and Ninth Circuit privacy rulings are in direct conflict regarding whether statutory violation allegations are sufficient to confer Article III standing. According to the authors, this clarification is necessary to ensure that standing is properly limited to plaintiffs who have alleged actual, concrete injury-in-fact, and to discourage suits seeking statutory damage awards where no actual harm can be shown. They noted that the decision by the U.S. District Court for the Northern District of California inSterk v. Best Buy Stores LP is in direct conflict with the broader interpretation of the U.S. Court of Appeals for the Ninth Circuit inEdwards v. First Am. Corp. Best Buy, if upheld, would potentially create a split of authority between the Ninth and Seventh Circuits as to the requirements for establishing Article III standing - one that may justify the Supreme Court taking the opportunity it declined inEdwards to clarify whether injury-in-fact may be established absent well-plead allegations of actual, concrete injury, the authors concluded.
U.S. News Names Bingham Securities Litigation Law Firm of the Year
Nov. 12, 2012 - Bingham McCutchen has been named the 2013 Law Firm of the Year for Litigation - Securities Law, according toBest Lawyers andU.S. News and World Report.
Bingham is the only law firm in the country to receive this award. Results are based on a combination of client feedback and the comments of lawyers in other firms who work in the same practice area, according toBest Lawyers president Steve Naifeh.
We are honored to receive this prestigious award for the firm, said partner Jeffrey Q. Smith, co-chair of the Securities and Financial Institutions Litigation Group.
With more than 150 lawyers dedicated to the Securities and Financial Institutions Litigation Group, Bingham serves leading banks, accounting firms, insurance companies, securities issuers, hedge funds and investment management companies. With litigators located in New York, London, Hong Kong and Tokyo, along with a robust U.S. presence in California, Massachusetts, the District of Columbia and Connecticut, the Securities and Financial Institutions Litigation Group has extensive resources in jurisdictions critical to defending bet-the-company cases, cross-border disputes and international arbitrations. The group is litigating some of the most important securities and financial legal issues of the day, including asset-backed and mortgage-backed securities litigation, CDO interpleader cases, and Madoff-related litigation.
For example, Smith and partners Susan DiCicco, Steve Brody and Laila Abou-Rahme are representing Credit Suisse Securities in multi-district litigation consolidated in the Southern District of New York. In this series of actions, some of the world's largest institutional investors seek to hold Credit Suisse responsible for more than $2 billion in losses they incurred on asset-backed securities issued by subsidiaries of National Century Financial Enterprises. The team recently won three summary judgment victories, including one dismissing claims by the Unencumbered Assets Trust, the litigation trust created in NCFE's bankruptcy proceeding to pursue RICO claims, and another dismissing all the noteholder investors' negligent misrepresentation and blue sky law claims. These cases constitute the largest ABS fraud litigation, involving billions of dollars in alleged damages, and are important because they address potential placement agent liability for losses caused by the issuer's fraud.
In September, Securities and Financial Institutions Litigation co-chair Jordan Hershman and partner Jason Frank had a victory in their representation of Freddie Mac in multiple securities class actions and derivative lawsuits, predicated on allegations that former officers, among others, made false and misleading statements concerning Freddie Mac's participation in and exposure to the subprime markets which allegedly resulted in multibillion-dollar losses. On Sept. 25, 2012, the team won a motion to dismiss all claims asserted against Freddie Mac in a putative securities fraud class action pending in the Southern District of New York filed against the company and its former senior officers.
The group is also representing JP Morgan Chase, Bear Stearns & Co., WaMu Capital Corp. and several affiliates in six related actions with claims of more than $15 billion in the aggregate; a putative class action in the Southern District of New York relating to mortgage-backed securities issued and underwritten by affiliates of Bear Stearns; four separate actions brought by the Federal Home Loan Banks of Seattle, San Francisco, Chicago and Boston pending in state or federal courts in Seattle, San Francisco and Boston; and an action pending in state court in Boston brought by Cambridge Place Investment Management, which is an adviser to a number of investment funds. In each case, the plaintiffs are purchasers of mortgage-backed securities that allege that the offering materials for the securities contained misrepresentations concerning the underwriting practices of the mortgage originators, the loan-to-value ratios of the mortgage loans, the occupancy status of the properties and the ratings for the securities. Lead partners include Kenneth Schacter, John Pernick and Abou-Rahme.
Bingham also represents a number of other important corporations, including Bank of America, Bank of New York Mellon, Chartis, Deutsche Bank, KPMG, Deloitte, Massachusetts Mutual Life Insurance Company, MBIA Insurance, Morgan Stanley, Royal Bank of Scotland and Wells Fargo.
TheU.S. News-Best Lawyers recognition is one of multiple accolades for the Securities and Financial Institutions Litigation Group in the past year. The practice also is recognized byChambersas a leading practice in New York, California, Massachusetts and London.
Best Lawyers andU.S. News and World Report 2013 ranked Bingham in numerous other categories as well. Bingham was named Securitization and Structured Finance Law Firm of the Year. Overall, Bingham's practices received 36 Tier 1 national rankings, 45 overall national rankings and 121 metropolitan Tier 1 rankings. The rankings covered a wide range of practices, capturing Bingham's depth in financial services, litigation and corporate law.