White & Case LLP - Lawyers - Peter J. Carney

Practice Experience

Peter J. Carney represents domestic and foreign clients in complex civil litigation at all levels in federal and state courts. A significant part of his practice focuses on issues of international law and federal government regulation, particularly antitrust. He also has experience representing clients in international arbitration, including the World Bank's ICSID forum and ad hoc international arbitration.

Significant recent experience includes:

Trial counsel for parcel tanker shipping company Stolt-Nielsen SA in criminal and civil litigation to enforce an Amnesty Agreement with the Department of Justice. On November 30, 2007, after a three-week evidentiary hearing, a federal district court in Philadelphia ruled in Stolt-Nielsen’s favor and dismissed the indictment of the company and two of its executives, thereby enforcing the Amnesty Agreement;
Successfully defended Bretton Woods Institution against allegations of bid rigging in proceedings before Indonesian antitrust regulators (KPPU);
Counsel coordinating the defense for Stolt-Nielsen of antitrust class actions in federal and state courts, including before the Multidistrict Litigation Panel (MDL). This included the successful appeal to the Second Circuit in JLM Industries, Inc. v. Stolt-Nielsen SA, 387 F.3d 163 (2d Cir. 2004) requiring class action plaintiffs to arbitrate their horizontal federal antitrust claims and related state claims;
Counsel for Stolt-Nielsen in ad hoc international arbitrations by customers seeking treble damages under the Sherman act;
Counsel for Stolt-Nielsen in appeal involving partial final award in international arbitration in which the court reversed the arbitral panel and held that the claimant-plaintiffs could not bring class actions for damages under the applicable maritime arbitration clauses (ASBATANKVOY and VEGOILVOY). Stolt-Nielsen, SA v. Animalfeeds Int. Corp., 435 F. Supp. 2d 382 (S.D.N.Y. 2006);
Trial counsel for parcel tanker client defending employment action by client's former general counsel. The litigation involved cutting-edge ethical issues regarding former lawyer's duty of confidentiality and obligation to take concerns up the company ladder;
Trial counsel for Upsher-Smith Laboratories in defense against the Federal Trade Commission's claims related to patent settlement that permitted the introduction of a generic pharmaceutical product. The Upsher-Smith case presented a number of novel antitrust, economic and intellectual property issues in the complex and unique regulatory context of the pharmaceutical industry. Following a 40-day trial, the Commission's Administrative Law Judge ruled in favor of Upsher-Smith on all counts, dismissing claims based on illegal agreements, attempted monopolization and monopolization;
Counsel coordinating for Upsher-Smith the defense of more than 40 follow-on antitrust civil actions. This included consolidation of federal class actions, opt-out actions and state Attorney General actions in MDL proceedings and supervision of the defense of separate state court actions;
Handled sensitive internal investigation and criminal antitrust inquiry for nationally prominent publicly-traded company. Succeeded in working with authorities to have inquiry closed prior to reaching level of full blown investigation and without any publicity;
Counsel for major pharmacy chains in private action in federal court challenging an agreement of two insurers to establish overlapping closed pharmacy networks statewide. Secured clients’ admission to one of the networks;
Appellate counsel for Alaska Native Corporation in successful tax appeal before Federal Circuit involving the intersection of Alaska Native Claims Settlement Act and alternative minimum tax provisions;
Counsel in representing Government of Vietnam in federal action to determine current ownership of US assets that had been frozen upon the 1975 fall of Saigon. Won US $3 million dollar judgment;
Counsel to Governor George W. Bush in litigation arising from 2000 Presidential election in Florida;
Counsel representing Czech bank in jurisdictional phase of arbitration against the Slovak Republic in the World Bank's ICSID forum. Team obtained landmark jurisdictional decision;
Counsel for investor in jurisdictional phase of ICSID arbitration against South American government. Obtained decision affirming jurisdiction;
Trial counsel representing a South American airline in dispute with aircraft lessor. Successfully defeated multiple motions for summary judgment, overcoming "hell or high water" clauses and permitting airline to retain aircraft even though rent was not being paid. Won favorable settlement for client;
Trial counsel for plaintiff in federal copyright action arising from computer software licensing dispute. Successfully defended complaint against dispositive motions and, after discovery, achieved highly favorable settlement; and
Pro bono counsel for US veteran in proceedings before the Board of Veterans' Appeals and Court of Appeals for Veterans Claims. Successfully established service connection for Marine's Vietnam-era injuries.

Mr. Carney regularly represents clients before federal government bodies, as well as before the courts in sensitive, high-profile investigations and proceedings. Mr. Carney has represented clients in investigations and proceedings conducted by, among others, the US Department of Justice Antitrust Division, the FTC, the Securities Exchange Commission, Department of the Treasury Office of Foreign Asset Control, and the Federal Energy Regulatory Commission. Mr. Carney has also represented clients in investigations brought by antitrust enforcers in a variety of non-US jurisdictions including Europe, Korea, Canada, Australia, and Indonesia. He also has experience both in representing and litigating against foreign sovereigns in courts and arbitrations. Mr. Carney also counsels clients regarding global antitrust compliance issues.

Prior to joining White & Case, Mr. Carney served as a law clerk to the Honorable H. Emory Widener, Jr. of the US Court of Appeals for the Fourth Circuit.

Bars and Courts
Virginia State Bar, 1996
District of Columbia Bar, 1997
US Supreme Court, 2000
US Court of Appeals for the District of Columbia Circuit, 1998
US Court of Appeals for the Federal Circuit, 1998
US Court of Appeals for the Second Circuit, 2005
US Court of Appeals for the Third Circuit, 2005
US Court of Appeals for the Fourth Circuit, 1997
US Court of Appeals for the Seventh Circuit, 2008
US District Court for the Western District of Virginia, 1997
US District Court for the Eastern District of Virginia, 1997
US District Court for the District of Columbia, 1998
US Court of Federal Claims, 1998
US Court of Veterans Appeals, 1999
US Bankruptcy Court for the Eastern District of Virginia, 1997
Court of Appeals for the District of Columbia, 1998

Education
JD, American University, Washington College of Law, summa cum laude, Federal Circuit Editor, American University Law Review, 1996
BA, with Honors, Colby College, summa cum laude, 1992

Awards and Recognition
Laura Turley Writing Prize, 1996

Publications
"Resale Price Maintenance Agreements After Leegin," Concurrences, No. 3, 2008 (with Kristen McAhren)
"International Forum Non Conveniens: 'Section 1404.5'- A Proposal in the Interest, Sovereignty, Comity, and Individual Justice," American University Law Review, 1995

Speaking Engagements
"Emerging Trends in Global Antitrust Law: What You Need to Know about Multi-Jurisdictional Antitrust/Competition Law Issues in the Next Five Years," Tokyo, September 2008
"Commercial Arbitration in the Americas," Washington College of law and IABA Symposium, Washington, D.C., April 2008
"Global Cartel Investigations and Recent Antitrust Law Developments: Mexico, the E.U. and the U.S.," Mexican Trade Association Presentation, Mexico City, February 2008
"Current Trends in U.S. Antitrust Enforcement," The Canadian Institute’s Competition Law Compliance Conference, Toronto, Canada, May 2005
"Patent Settlements Agreements and the Upsher-Smith FTC Trial," New Jersey Corporate Counsel Association, Whippany, NJ, May 2003

Languages
English
Spanish

Citizenship
United States
British