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.
• Counsel coordinating the defense for Stolt-Nielsen of antitrust class actions in federal and state courts, including before the Multidistrict Litigation Panel (MDL).  This has included a successful appeal to the Second Circuit in JLM Industries, Inc. v. Stolt-Nielsen SA, 387 F.3d (2d Cir. 2004) requiring class action plaintiffs to arbitrate their horizontal federal antitrust claims and related state claims.
• Counsel for a Bretton Woods Institution in antitrust proceedings before Asian antitrust regulators.
• Counsel for Stolt-Nielsen in ad hoc international arbitrations by customers seeking treble damages under the Sherman act. 
• Counsel for Stolt-Nielsen in successful appeal from partial 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 involves 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.   In 2006, the US Supreme Court declined the FTC's appeal. The Court’s decision not to take the appeal was the first time in US history to turn down the FTC and left in place White & Case's victory in the US Court of Appeals for the Eleventh Circuit, which had affirmed the ALJ's ruling.
• 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.  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 outstanding 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.
• 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 and Australia.  He also has experience both in representing and litigating against foreign sovereigns in courts and arbitrations.

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, 1996
District of Columbia, 1997
US District Court for the Western District of Virginia, 1997
US District Court for the Eastern District of Virginia, 1997
US Bankruptcy Court for the Eastern District of Virginia, 1997
US Court of Appeals for the Fourth Circuit, 1997
Court of Appeals for the District of Columbia, 1998
US District Court for the District of Columbia, 1998
US Court of Federal Claims, 1998
US Court of Appeals for the District of Columbia, 1998
US Court of Appeals for the Federal Circuit, 1998
US Court of Veterans Appeals, 1999
US Supreme Court, 2000

Education
B.A., with Honors, Colby College, summa cum laude, 1992
J.D., American University, Washington College of Law, summa cum laude, 1996
Federal Circuit Editor, American University Law Review

Awards
Laura Turley Writing Prize, 1996

Publication
"International Forum Non Conveniens: 'Section 1404.5'- A Proposal in the Interest, Sovereignty, Comity, and Individual Justice," American University Law Review, 1995.

Languages
English, Spanish

Citizenship
United States, British