Peter Isajiw concentrates his practice on complex commercial and securities litigation, in addition to regulatory investigations. He represents corporations, financial institutions, directors, officers, and individuals in a variety of state and federal court matters. Peter has represented clients in matters involving business disputes, securities laws and regulations, RICO, antitrust, fraud, breach of contract, breach of fiduciary duty, and corporate governance, among others. He also assists clients in connection with regulatory investigations conducted by the Department of Justice (DOJ), U.S. Securities and Exchange Commission (SEC), Financial Industry Regulatory Authority (FINRA), and U.S. Commodity Futures Trading Commission (CFTC). Peter has extensive experience with sophisticated electronic discovery (eDiscovery), an area of expertise that is becoming increasingly important in the context of modern litigation. Peter also devotes a significant amount his time to pro bono matters.
In 2013, Peter was named a Rising Star by the New York Law Journal. This recognition was provided to 44 attorneys under 40 who have established a record of accomplishments and demonstrated that they are top contributors to the practice of law and their communities. In September 2013, he was named a Super Lawyers Rising Star, a distinction given to no more than 2.5 percent of the metropolitan New York-area attorneys under 40. In October 2013, The Legal 500 US recognized recently promoted partner Peter Isajiw, who has 'terrific attention to detail and subject matter knowledge' as well as Cadwalader's Securities Litigation Group, which clients describe as excellent - some of the junior partners in particular are very hard working and smart. In 2014, The Legal 500 US recognized Peter as a Key Individual in the Securities and Shareholder litigation bar. He was also named a 2014 Super Lawyer in New York in the areas of business litigation, securities litigation, and general litigation. Peter received a 2015 Burton Award for Distinguished Legal Writing for his article, Cybersecurity Risks Reviewed: Directors and Officers Must Be Proactive and Prepared, published in the Bloomberg BNA Corporate Accountability Report.
Peter has substantial experience with sophisticated eDiscovery. He has counseled clients on developing cost-effective and defensible eDiscovery strategies in multiple complex litigations involving millions of pages of documents and terabytes of data from multiple sources of electronically stored information.
He is a frequent speaker at continuing legal education events, including:
• “ Cybersecurity and Regulation: How to Prepare, Protect and Manage” Panel Moderator at the GAIM Regulation and Fund Governance Conference
• “ The Expansion of Consumer Financial Protection Bureau Regulation of the Auto Industry” Panelist at the 2014 Los Angeles Auto Show KPMG Legal & Compliance Forum
• “ Update on Global Banking Outsourcing Trends: Impacts of Upcoming International Organization Of Securities Commissions (IOSCO) Regulation for Index Providers” Presenter at an Evaluserve Global Knowledge Partner CLE event
• The Space Between: On the Crossroads of Technology, Information Governance & eDiscovery Panelist at the 17th Annual Thomson Reuters eDiscovery and Information Governance in Practice Forum.
• Beyond Savings: How Predictive Coding Will Transform Your Litigation Practice Panelist at a New York Law Journal eDiscovery webinar.
• Building Effective Cross-Functional Teams to Manage Large Scale Securities Suits Panelist at IQPC's 7th Securities Litigation & Enforcement Summit.
• Want To Be My Friend? Social Networking's Impact on Discovery Panelist at a Kroll Ontrack continuing legal education event.
• Best Practices for Complex E-Discovery Matters Panelist at a Lexis Nexis, Applied Discovery continuing legal education event.
• Next Decade of Document Review: Cheaper, Better, Smarter Panelist at a Kroll Ontrack Thought Leadership continuing legal education event.
• Electronic Discovery in Practice Panelist at a Legal Aid Society continuing legal education event.
Peter has authored several legal publications, including:
• “ Are You Prepared For A Cyber-Attack? The Treasury Department Provides 10 Questions To Guide Corporate Leaders Through A Cybersecurity Assessment” Law.com, December 22, 2014.
• “ Cybersecurity Risks Reviewed: Directors and Officers Must Be Proactive and Prepared” BNA Corporate Law & Accountability Report, July 25, 2014.
• Halliburton Decided: The Supreme Court Continues An Evolutionary, Not Revolutionary, Trend Limiting Potentially Frivolous Securities Class Action Lawsuits Law.com, June 25, 2014.
• What Rakoff Reversal Means For ' Neither Admit Nor Deny” Law360, June 5, 2014.
• “secondary Actors in Securities Transactions Beware: The Supreme Court May Have Aided and Abetted the Prospect of Increased State Court Litigation” Law.com, April 18, 2014.
• “ U.S. District Court Confirms FTC Authority to Regulate Corporate Data Security Practices” Cadwalader Clients and Friends Memo, April 11, 2014.
• What Role Should the SEC Play in Regulating Cybersecurity?” Law.com, March 28, 2014.
• Issues With Self-Destructing Messages In the Workplace New York Law Journal Special Section on Labor & Employment: Social Media in Focus, March 10, 2014.
• Workplace Email Privacy Concerns: Balancing the Personal Dignity of Employees with the Proprietary Interests of Employers Temple Environmental Law and Technology Journal, Fall 2001.
• Law.com, on-going contributor.
• Business and Commercial Litigation in Federal Courts, 3rd Edition, contributing author to the chapter on internal investigations.
• Public Companies, contributing author to several editions of the treatise that provides a comprehensive treatment of the responsibilities and functions of publicly traded corporations and their directors, officers and general counsel.
Prior to joining Cadwalader, Peter was a judicial law clerk to the Honorable Yvette Kane of the U.S. District Court for the Middle District of Pennsylvania.
Peter received his J.D. from the Temple University Beasley School of Law in 2002 where he was a member of the Temple Law Review. He received his undergraduate degree from Villanova University in 1997.
Peter is admitted to practice before the U.S. Supreme Court, U.S. Court of Appeals for the Second Circuit, U.S. District Court for the Southern District of New York, U.S. District Court for the Eastern District of New York as well as New York State Courts.
Hon. Yvette Kane
U.S. District Court, Middle District of Pennsylvania
Peter has represented, among others:
• Deutsche Bank in connection with twenty-nine putative class action complaints alleging violations of the Antitrust laws and the Commodity Exchange Act for the alleged manipulation of gold and gold derivative prices, and five putative class action complaints making similar allegations in connection with silver and silver derivative prices.
• A Special Committee of disinterested and independent directors in connection with the exploration of strategic alternatives for Digital Domain Media Group (DDMG), an award-winning digital visual effects provider that was responsible for providing visuals for movies including Iron Man 3, the Transformers series, and Titanic in addition to the creation of virtual performers such as the Hologram Tupac that appeared at the 2012 Coachella festival.
•several outside directors of DDMG in connection with a putative federal securities law class action asserting claims under Section 11 of the Securities Act of 1933, and several state court actions alleging negligent misrepresentation, aiding and abetting fraud, and civil conspiracy, arising from purported misstatements concerning the company's financial condition contained in the Initial Public Offering Documents.
• The former CEO and Chairman of KIT digital Inc., a premium provider of video management software in connection with a putative federal securities law class action and several shareholder derivative lawsuits arising out of financial restatements and disclosures of material weakness in the company's internal controls over financial reporting.
• MBIA Insurance Corp. in connection with a New York state court action for fraud and breach of contract related to financial guaranty insurance policies issued for multi-billion dollar residential mortgage-backed securitizations sponsored by Residential Funding Corp.
• Deutsche Bank Securities Inc. in multiple lawsuits against leading prime brokers alleging, among other claims, unlawful securities market manipulation, state RICO and federal antitrust law violations in connection with purportedly illegal naked short selling practices.
• The United States Treasury Department Presidential Auto Task Force, in connection with the Chrysler bankruptcy proceedings.
• Omnicare, Inc., the nation's leading pharmaceutical care provider to the elderly, in the enforcement of a multimillion dollar contractual guarantee.
• Charming Shoppes Inc., a leading multi-channel specialty women's apparel retailer, in an action seeking to enjoin several hedge funds from violating Sections 13(d) and 14(a) of the Securities Exchange Act of 1934 and Section 8 of the Clayton Act in connection with a proxy contest launched by a group of hedge funds.
• A former Director of Investor Relations of Abercrombie & Fitch in a federal securities law class action alleging, among other things, selective disclosure of same-store-sales results to favored analysts.
• Bank of America in multiple Enron-related law suits.
• Merrill Lynch, Lehman Brothers, UBS Securities, CS First Boston (now Credit Suisse), Bank of America Securities, CIBC World Markets, Goldman Sachs, and Salomon Smith Barney (now Citigroup) in a federal securities law class action asserting claims under Sections 11 and 12(a)(2) of the Securities Act of 1933 against the underwriters of three securities offerings, aggregating in excess of $3 billion, issued by The Williams Companies.
• A major international financial institution in connection with a FINRA investigation concerning alleged FINRA Rule violations related to certain prime brokerage activities.
• A major international financial institution in connection with a CFTC non-competitive trading investigation.
• A major international financial institution and two individuals in a joint investigation by the FBI and SEC concerning the alleged improper use of “stock loan finders” in securities lending transactions.
• A major retail mortgage lender in a SEC investigation related to the subprime mortgage crisis.
Peter also dedicates his professional time to significant pro bono matters:
• He currently leads a team of Cadwalader attorneys serving as pro bono counsel to a federal death row inmate in a post-conviction proceeding to set aside the conviction and death sentence, and grant a new trial. Post-conviction relief is sought on the grounds that the client is innocent of the crime for which he was sentenced to death and on several grounds of constitutional error. His work on this matter was featured in the 2009 American Lawyer Pro Bono 100 project. And, in July 2011, the Director of the Oregon Capital Resource Center nominated Cadwalader's work for the American Bar Association's Death Penalty Representation Project's Exceptional Service Award.
• In 2006, Peter was lead counsel in a case resulting in one of the first applications of the U.S. Supreme Court's landmark decision, Lawrence v. Texas, in North Carolina. Peter, in cooperation with the ACLU of North Carolina Legal Foundation, represented an unmarried woman who lost her job as a 911 dispatcher with North Carolina's Pender County Sheriff's Office because she chose to live with her boyfriend in violation of the law. Peter successfully argued against the State of North Carolina, the North Carolina Attorney General, and the Pender County Sheriff, that a state statute criminalizing unmarried cohabitation was unconstitutional because it violated plaintiff's right to liberty under the U.S. Supreme Court decision. The Court declared the statute unconstitutional and issued a permanent injunction barring all state actors from enforcing the law in any manner. The case was the subject of a feature story on National Public Radio's All Things Considered and received coverage from the Associated Press, the New York Times, the BBC, ABC News, CNN News, The Colbert Report, Playboy, and international news outlets, including newspapers in Sydney, Toronto, Paris, London and Shanghai.
• Peter currently leads three separate teams of attorneys working to secure Special Immigration Juvenile Status in the U.S. for unaccompanied children who entered the US immigration system alone, and were referred to the Firm by Kids in Need of Defense ( KIND ).
• He recently led a team of Cadwalader lawyers that successfully assisted a low-income immigrant victim of domestic violence with minimal English-speaking abilities obtain legal status under the Violence Against Women Act.
• In March 2013, Peter was a panelist in a New York City Bar presentation entitled Advancing at Your Firm - Career Management Tips for Junior Associates.
• In September 2012, he was a panelist for the Third Annual University of Kentucky College of Law Lassiter Distinguished Visiting Professor Conference entitled: “ Lawyering in the Public Interest - Large Law Firm Practice.” Peter spoke about the benefits and challenges of maintaining an active pro bono practice in a large law firm environment.
• In July 2012, a team of Cadwalader lawyers led by Peter successfully secured asylum for a woman facing severe political persecution in her home land of Moldova.
• In November 2011, Peter received an award in recognition of outstanding service to The Legal Aid Society for his work in developing a Civil Practice electronic discovery training program given to Legal Aid Society attorneys.
• In honor of the 2010 National Volunteer Week, Peter was a panelist on Pro Bono and Your Career, a Martindale-Hubbell Connected and Pro Bono Net webinar. Peter was asked to discuss how pro bono work provides attorneys with opportunities to make a significant difference in the lives of clients in addition to providing a means of developing the legal skills of junior lawyers.
News & Resources
• Cadwalader's Peter Isajiw Wins 2015 Burton Legal Writing Award Apr 16, 2015
• 2013 Rising Stars: Peter Isajiw Jun 05, 2013
• Cadwalader's Peter Isajiw Wins 2015 Burton Legal Writing Award Apr 16, 2015
Clients & Friends Memos
• Halliburton Co. v. Erica P. John Fund, Inc.: The Court Retains Basic, But Permits Defendants To Rebut Price Impact At Class Certification Jun 25, 2014
• Financial Institution Cybersecurity Scorecard: A SEC Risk Alert Highlights The Results Its Cybersecurity Examination Sweep Feb 12, 2015
• GAIM Regulation & Fund Governance Dec 04, 2014
• Quorum: February 2015 V3N1Feb 11, 2015