H. Rowan Gaither IV

• Represented inter-dealer brokers and affiliates in the defense of antitrust, RICO, and CEA claims brought in multiple federal court proceedings alleging manipulation of financial benchmarks including ISDAFIX, Yen LIBOR, Swiss Libor, Euribor, and the Australian BBSW benchmark. Also defended clients in claims brought in a Dutch class action proceeding alleging manipulation of multiple IBOR benchmarks.*
• Represented banks and investment funds in actions triggered by broken trades for the transfer of distressed debt, one of which generated a key precedent governing how New York courts consider breach damages in illiquid markets.*
• Represented an investment fund in a breach of contract action brought against a Latin American country for failure to pay millions of dollars owed on GDP-linked warrants that were issued as part of a restructuring of the country’s debt.*
• Represented a fund focusing on publicly traded emerging growth companies in injunctive proceedings brought in federal court and related actions after issuers disputed the terms of convertible preferred shares and other securities purchased by the client.*
• Represented an Argentinian sports marketing company in the defense of antitrust, RICO, and Florida unfair trade practices claims brought by a competitor and concerning the alleged bribery of South American soccer officials. The antitrust and Florida state-law claims were dismissed at the pleading stage.*
• Represented a limited partner in a Cayman Islands exempted limited partnership established by a well-known former hedge fund manager prior to his conviction for insider trading and other violations of U.S. federal securities laws. The case involved complicated issues of fiduciary duties owed under Cayman and New York law.*
• Represented individual defendants in the defense of Securities Act and related state securities law claims in actions brought by the Federal Housing Finance Agency (FHFA) as conservator for Fannie Mae and Freddie Mac and a major insurer and arising out of the purchase of billions of dollars in residential mortgage-backed securities issued in the mid-2000s.*
• Represented a private equity fund in the defense of claims that followed a Delaware short-form merger and that involved allegations of fraudulent transfers and breaches of fiduciary duties owed under California and Delaware law. Summary judgment was granted in favor of client at the close of discovery.*
• Represented a major investment bank in the prosecution of bankruptcy claims filed after the rejection of multimillion-dollar tax leases. The case involved a novel interplay between the Bankruptcy Code and tax and Generally Accepted Accounting Procedures (GAAP) accounting.*
• Represented an airplane manufacturer in defense of a multibillion-dollar litigation brought by World Trade Center leaseholder claiming damages arising out of 9/11 attacks. Damages claims were reduced to $3.5 billion after a series of summary judgment motions and to zero after federal court bench trial.*
• Represented the operator of an alternative trading system (dark pool) in connection with an SEC investigation into whether client confidential information was improperly accessed. The investigation resulted in a settled administrative proceeding on terms that were favorable for the client.*
• Represented a former counsel to Chinese companies that accessed the U.S. capital markets via reverse mergers and subsequent listings on the NASDAQ in the defense of claims in actions filed by the SEC and a bankruptcy trustee. The SEC declined to amend its complaint and reassert its claims against the client after they were dismissed by the court.*

*Prior experience