Peter Guirguis joined the New York office in 2008. Peter advises clients in a wide range of domestic and international disputes and investigations involving commercial contracts, complex financial instruments, mergers and acquisitions, financial reporting, corporate control and governance, data use and privacy, executive compensation and employment, bankruptcy, real estate construction and financing. Clients and colleagues rely on Peter for his practical advice and negotiation skills.
Peter focuses his civil practice at the intersection of law and technology, advising clients in complex and often technical industries, using the latest technologies to reduce clients' legal costs and risks. Peter represents diverse clients, from individuals to major financial institutions, insurers, manufacturers and retailers, and numerous software and technology companies. Many of his matters involve a combination of intellectual property issues along with corporate control or management matters. Peter's matters are also often international in nature and he is familiar with discovery and court procedures in federal and state courts around the country as well as arbitral forums in the Unites States and abroad.
Peter also advises individuals and entities in a wide variety of investigatory, regulatory and enforcement matters. He has conducted internal investigations and participated in civil, criminal and regulatory proceedings with respect to a wide variety of regulatory issues including investigations and civil actions by the DOJ, SEC, FTC, FCC, EPA, DEC, DEP, state attorney general offices, and investigations by foreign regulatory authorities.
Peter served as a law clerk to the Honorable Judge Kevin T. Duffy in the United States District Court for the Southern District of New York.
2002 - J.D., University of Pennsylvania Law School
1999 - B.A., honors, Philosophy, minor Biology, New York University
While in law school, Peter was a Keedy Cup Moot Court finalist and two-time regional semi-finalist in the national mock trial competition. He was a James Wilson Scholar and also received the James J. Manderino Award for outstanding trial advocacy from the Philadelphia Trial Lawyers Association in connection with his advocacy as a student attorney in Pennsylvania's state and federal courts. While in college, Peter was ranked as the best debater in the nation by the American Parliamentary Debate Association.
- Defend clients from former owner of business regarding merger and acquisition agreement, employment contracts, property leases and ownership of nuclear testing equipment.
- Represent non-profit in multi-action dispute over board control and use of realty holding company.
- Represent major telecommunications company as creditor against bankrupt bank.
- Represented individual in winning federal jury trial, including punitive damage award, against US residents for violations of the Alien Tort Statute and Torture Victim Protection Act, based on acts of government agents of Bangladesh at the behest of our client's business competitor.
- Drafted and filed TRO on behalf of luxury Manhattan property developer. Compelled the negotiated enforcement of a collateral exchange provision in a mezzanine loan agreement.
- Represented hedge fund in contract dispute with foreign satellite operator in connection with political exclusions.
- Represented Fortune 50 Company by limiting state court subpoena for sensitive documents and preventing importation of responsive foreign documents by in-house counsel.
- Advised foreign financial institution in connection with a multi-billion dollar portfolio of subprime mortgage instruments.
- Represented hedge fund in enforcement of foreign judgment; successfully enforced judgment.
- Advised securities holders with respect to potential rights against issuer based on statements in prospectus.
- Successfully compelled arbitration against Chinese produce supplier.
- Represented Canadian investment marketer in dispute against Brazilian fund in connection with fee owed for arrangement of substantial investment.
- Litigated and tracked thousands of claw back claims against a large bank's investment clients in a leveraged buyout securities class action.
- Drafted and filed TRO on behalf of Manhattan luxury property developer. Compelled the negotiated enforcement of a collateral exchange provision in a mezzanine loan agreement.
- Represent major supermarket chain with respect to property-related disputes.
- Represent administrators of medical licensing examination in successful dismissal and pending appeal of plaintiff unable to pass medical boards. Executed an unorthodox strategy winning dismissal of all claims with no discovery.
- Advise luxury goods retailer regarding customs requirements and disputes with distributors in various countries.
- Regularly advise clients of litigation risks in connection with mergers and acquisitions.
Technology/Intellectual Property Matters
- Represent manufacturing company in $50M+ purchase price arbitration with former owners of technology business for failure to adequately develop or sell product. Managed all discovery, including collections and productions restricted by EU privacy laws.
- Represented financial services technology firm against allegations by publishing company, that it had stolen trade secrets and engaged in unfair competition; obtained settlement with no liability and obtained significant sanctions and penalties assessed against plaintiff and its counsel.
- Drafted successful objection on behalf of AT&T to the "free and clear" $4.5B Delaware bankruptcy court sale of Nortel's patent portfolio, based on SRO intellectual property obligations. Motion joined by numerous parties and conditions attached to sale.
- Represented and advised UK investment bank and Luxembourg asset fund in parallel litigations in English courts and Utah state and federal courts, arising from disputes over ownership of technology and investments in a US technology company; obtained anti-suit injunction and dismissal of actions on grounds of forum non conveniens.
- Represented part-owner of high frequency trading firm in disputes over ownership and proprietary trading technologies.
- Represented major Canadian pharmaceutical company pursuing claims against former employees based on theft of trade secrets, violations of restrictive covenants and unfair competition; used then-novel approach to gain federal jurisdiction through the Computer Fraud and Abuse Act.
- Represented client in London Court International Arbitration proceeding between banking data security firms over an NDA and joint venture; negotiated settlement following arbitration.
- Represented pharmaceutical company in multi-national litigations to retrieve confidential data.
- Represented owner of radio stations from a claim under the Telephone Consumer Protection Act; successfully obtained Sixth Circuit affirmance of dismissal of claims.
- Advised telecommunications company with respect to FCC investigation of potential violations and regarding Voice Over Internet Protocol (VOIP).
- Advised manufacturer with respect to potential intellectual property claims arising from manufacture of satellite radio recording devices.
- Represented client alleged to have sent defamatory letters around the world regarding a business dispute; successfully avoided any claims.
- Represent reality television actress in defamation matters.
- Advise clients on data privacy breach responses.
- Regularly represent international manufacturers and retailers in trademark enforcement matters; successfully obtained name changes of numerous businesses.
Regulatory and Investigative Matters
- Represent insurer in ongoing NY AG investigation of flood damage claim adjustments.
- Represent Fortune 50 Company in criminal investigation of medical device malfunction.
- Defended credit merchants and telemarketers in FTC and state agencies' consumer protection action. Drafted lengthy papers on two days' notice to avoid receivership commonly granted in such cases in a TRO. Negotiated and managed all discovery and forensic examinations of data and voice recordings, and used predictive coding to substantially limit productions from terabytes of data. Developed compliance program and negotiated continued client operations.
- Defended credit merchants and telemarketers in FTC and state agencies' consumer protection action. Drafted lengthy papers on two days' notice to avoid receivership commonly granted in such cases as part of a TRO. Developed compliance program and negotiated continued client operations.
- Represented employees of major investment firm in SEC investigation of alleged violations of securities law; avoided any criminal prosecution or civil penalties.
- Represented audit committee of hospital consortium with respect to financial reporting and alleged billing fraud.
- Represented high-level executive of a major international insurance company investigated for improper financial accounting; avoided any criminal prosecution or civil penalties.
- Represented government employees being investigated by EPA, DEC and DEP in connection with clean water act violations and alleged cover-up; avoided any criminal prosecution or civil penalties.
- Represented international company accused of FCPA violations; avoided any criminal prosecution or civil penalties.
- Represented individuals in academic dishonesty and discipline trials. Secured favorable outcomes.
- Advised hardware manufacturer on potential liability for satellite radio recording devices.
Pro Bono Matters
- Lead counsel in successful civil rights action against South Carolina DMV for sex discrimination, resulting in changed policies, training programs and a written apology.
- Represented former UN ambassador and Bosnian foreign minister as a witness for the prosecution in a war crimes trial in The Hague. Also advised him on his successful Second Circuit appeal challenging extradition from the United States.
- New York State Bar Association
- Association of the Bar of the City of New York
- Federal Bar Council
- New York American Inn of Court
- American Bar Association International Section
- Vice-Chair, Young Lawyers' Interest Network
- Rising Star, New York Law Journal, 2013
- New York Metro Rising Star, business litigation, Super Lawyers, Thomson Reuters, 2011 - 2014
- New York State Bar License
The New York office, together with the Transgender Legal Defense & Education Fund (TLDEF), obtained a favorable settlement on behalf of pro bono client Chase....
April 30, 2015
The New York Law Journal has named Peter Guirguis as a 2013 Rising Star. As a senior associate in Fulbright's New York office, Guirguis assists the firm's....
May 01, 2013