Peter is a member in the firm's Boston office practicing in both the Litigation and Corporate Sections. He co-chairs the firm's Securities Litigation Practice. Peter is one of the nation's leading securities litigators. He has represented clients in well over 100 cases, investigations and proceedings throughout the nation. He has successfully defended SEC investigations, class actions, derivative suits, stock exchange proceedings, and state securities investigations, and has handled numerous FINRA arbitrations, among other matters. Peter also represents hundreds of institutional investors with respect to the monitoring and evaluation of securities class action settlements. Class Actions/Derivative Suits. Peter has succeeded in having many alleged class actions or derivative suits dismissed on motions to dismiss or for summary judgment, and has successfully persuaded plaintiffs' attorneys on more than one occasion to withdraw their complaints at the onset of the matter. He has defeated numerous class certification motions and recently participated in obtaining a unique ruling that a Lead Counsel for the Class was not adequate, resulting in a dismissal with prejudice of the case. SEC Investigations. Peter has succeeded in preventing the vast majority of the dozens of clients he has represented in SEC investigations from being named as defendants or respondents. In matters where the SEC has taken action, Peter has frequently negotiated bars or suspensions which have enabled the clients to return to their businesses or professions without undue delay. FINRA Proceedings. Peter has represented many clients in FINRA arbitrations and has tried FINRA cases to successful conclusions. He also serves as an NASD arbitrator. Institutional Investor Representation. Peter has recovered nearly $3 billion for institutional clients through his Institutional Investor Class Action Recovery Practice. In addition, he has represented various clients in opting out of or objecting to proposed class settlements and has represented institutions as plaintiffs in various actions. Peter has chaired the annual ALI-ABA Securities Litigation Program since its inception. He also chairs the '40 Act Litigation Subcommittee of the American Bar Association Litigation Section. Previously, he chaired the ABA Litigation Section's Securities Litigation Committee and was a Division Director, and he is a former member of the ABA's Special Advisory Committee on the Federal Rules. Peter is also actively involved in the ABA Business Section, Boston Bar Association and the American Law Institute. For several years he served as an advisor to the Harvard Law School Trial Advocacy Workshop. His representative experience includes: Securities Cases Class Actions · Representation of hundreds of defendants in securities class actions in all stages throughout the country in cases involving all aspects of federal and state securities laws. · Representation of large mutual fund complexes, public pension funds, employee benefit plans and private investors in monitoring and/or participating in securities class actions, regulatory settlements, and other investor settlements. Derivative Suits · Utilization of special litigation committees to have numerous derivative suits terminated at an early stage. · Representation of mutual funds, investment advisers and disinterested directors in various suits alleging excessive management fees, breaches of fiduciary duty, and other violations of the Investment Company Act of 1940. Participation in several cases where judicial decisions have established legal precedents in the securities area. Institutional Investors as Plaintiffs · Representation of institutional investors as plaintiffs in numerous cases involving securities claims. Broker-Dealer Litigation · Trying various FINRA cases. · Representation of a branch manager in a lengthy NASD arbitration proceeding regarding alleged "failure to supervise" and related charges in which the panel completely exonerated the branch manager. (The result is unique in that both the respondent broker-dealer and individual broker (represented by other counsel) were held liable for substantial damages.) · Ongoing experience as a NASD Arbitrator. SEC Investigations Practice Insider Trading · Representation of issuers, officers and directors in investigations relating to alleged "leaks" to investors of "negative information" which was subsequently publicly disclosed. · Representation of institutional investors who allegedly traded on information gleaned from corporate officials or securities analysts prior to the "public dissemination." · Representation of various individuals (officers, directors, venture capitalists) with respect to certain challenged trades. Manipulation and Registration · Representation of issuers and individuals in investigations relating to trading in unregistered securities. · Representation of issuers in investigations relating to Regulation S. · Representation of issuers who have been victimized by short-sellers. Regulated Entities · Representation of investment advisors with respect to issues arising in SEC inspections. · Representation of mutual fund account managers with respect to possible utilization of alleged investment opportunities of funds. · Representation of investment companies in investigations relating to valuation and pricing of portfolios. · Representation of transfer agents and custodians in investigations relating to various issues. · Representation of investment companies and advisers with respect to adequacy of compliance procedures. · Representation of broker-dealers and branch managers in "failure to supervise" investigations. · Representation of individuals with respect to alleged violations of the Investment Company Act of 1940. Financial Fraud · Representation of an officer who signed Sarbanes-Oxley certifications with respect to numerous financial statements that were subsequently restated, in which the SEC was convinced not to take any action. · Representation of issuers, officers, directors and employees in investigations relating to alleged financial fraud with respect to SEC filings, Sarbanes-Oxley certifications, shareholder reports and press releases. · Representation of real estate investment trusts, their officers and trustees in investigations relating to adequacy of loan loss reserves. · Representation of banks with respect to adequacy of certain loan loss reserves. · Representation of CPAs in investigations relating to a wide variety of accounting issues. · Representation of individuals with respect to alleged "prime bank" schemes. Peter is a frequent lecturer and author on securities matters, having written hundreds of articles and papers, including co-authoring the Securities Litigation chapter in the definitive Massachusetts Continuing Legal Education publication, Business Torts in Massachusetts (2003). He speaks at many institutional investor and securities industry forums, and is frequently quoted in the press. His most recent publication is a two-part article in the ABA's Securities Litigation Journal (Winter 2008 and Spring 2009 editions), entitled "Protecting the Interests of Class Members in Securities Fraud Settlements." He has for many years been selected as a Massachusetts Super Lawyer. Peter is admitted to practice in Massachusetts and New York, as well as in various federal courts and before the U.S. Supreme Court. He received his B.A., magna cum laude, from Harvard College (1964) and his LLB from Harvard Law School (1967). He served as law clerk to the Hon. A.J. Connor (D. N.H.) and the Hon. Frank M. Coffin, United States Court of Appeals for the First Circuit. Industries Financial Services Insurance Internet & e-Commerce Life Sciences Manufacturing Professional Services Telecommunications & Media Securities Litigation |