Peter Gruenberger

Peter Gruenberger

Senior Counsel

Peter Gruenberger focuses his practice on complex business litigation, in which he has long acted as lead trial and appellate counsel in a broad spectrum of cases in state, federal, bankruptcy and tax courts, as well as national and international arbitrations and mediations. He is experienced in litigating antitrust class actions and Section 7 cases, securities class action and derivative cases, adversary proceedings and contested matters in high-profile cases for debtors and creditors, federal income and estate tax disputes, and real estate controversies.

Mr. Gruenberger has won appeals in a wide variety of cases in the U.S. Supreme Court, the U.S. Circuit Courts for the First, Second, Third, Fifth, Seventh and Ninth Circuits, the New York Court of Appeals, Delaware Chancery and Supreme Courts, New Jersey Supreme Court, and first-chaired many trials in federal district courts, bankruptcy courts and state trial courts nationwide.

Concentrations

  • Antitrust
  • Bankruptcy litigation
  • Business torts
  • Corporate Investigations
  • Securities fraud/RICO
  • FCPA
  • Tax litigation
  • Real estate
  • Expert witness in ethics and legal malpractices cases
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取扱分野

実績紹介

  • In re Lehman Bros. Acted as lead counsel for debtors in bankruptcy proceedings in S.D.N.Y. Bankruptcy Court, primarily prosecuting claims of debtors against sophisticated derivatives counterparties in excess of $5 billion, including creation and maintenance of ADR program involving more than 200 mediations.°
  • In re Enron Corp. Acted as lead trial counsel for debtors in a host of adversary proceedings in S.D.N.Y. Bankruptcy Court, primarily prosecuting claims of debtors in excess of $3 billion in respect of voidable preferences, and derivatives, swaps and forward energy contracts with sophisticated counterparties such as Duke Energy, Dynegy and IBM. Many cases are still pending; favorable settlements have been reached in others.°
  • In re Drexel Burnham Lambert, Inc. Acted as lead trial counsel for debtors in numerous cases heard in S.D.N.Y. Bankruptcy and District Courts and lead appellate counsel in several Second Circuit appeals. Litigations successfully resolved more than $100 billion of claims, including a $5.3 billion Internal Revenue Service tax claim, and confirmed a contested (until ultimately settled) plan of reorganization.°
  • Robertson, et al. v. NBA et al. Acted as lead trial and appellate counsel for plaintiff NBA basketball players in their seminal antitrust class action in S.D.N.Y. and Second Circuit. Following five separate summary judgment victories, case favorably settled for clients, resulting in injunctions that restructured owner-player relationships as a model for all professional sports, and recovery of damages to all their active and retired players.°
  • Columbia Pictures-SEC v. David Begelman. Acted as lead counsel representing Columbia Pictures in investigation of, and SEC proceedings regarding, embezzlement by highest-ranking motion picture company corporate officer centered in Los Angeles, California.°
  • Sheik Abdul-Assiz bin Ibrahim v. The Ritz Carlton Hotel Co. Acted as lead trial counsel for The Ritz Carlton Hotel Co. in $490 million claims brought in S.D.N.Y. by owner of four US hotels against hotel management company alleging breach of management contracts and fraud. Obtained resolution favorable to client after denial of plaintiff’s injunction motion to prevent our client from withdrawing Ritz Carlton name from hotels.°
  • R.H. Macy v. Westfield Holdings, Ltd. Acted as lead trial counsel in AAA New Jersey arbitration of commercial disputes following $230 million sale of three Macy-owned shopping centers in New York metropolitan area. Client won full arbitrator’s award.°
  • State of Illinois v. Harper & Row et al. Acted as lead counsel for five publisher defendants in trade book industry in 37 separate antitrust class actions alleging price fixing brought in the N.D. Ill. Cases resulted in settlements favorable to clients following appeal to Seventh Circuit reversing on attorney privilege grounds trial court order to turn over in discovery grand jury debriefing memos prepared by counsel. Obtained U.S. Supreme Court affirmance in 4-4 ruling.°
  • Allegart v. Perot. Acted as lead trial and appellate counsel in S.D.N.Y. and Second Circuit in series of disputes between trustee of Walston Inc. and principals of duPont Glore Forgan, Inc. including Ross Perot. Obtained resolution favorable for client in a total victory.°
  • BMW v. Hoffman. Acted as lead counsel for plaintiff BMW in successful antitrust action in S.D.N.Y. and suit in Federal Republic of Germany on behalf of auto manufacturer which had terminated exclusive rights of importer. Cases settled favorably for client by defeating summary judgment motion against BMW.°
  • In re Washington Group., Inc. Acted as lead trial counsel for CS First Boston and other senior secured lenders in successful trial confirming a contested plan of reorganization in the District of Nevada Bankruptcy Court.°
  • J.C. Penny v. Lazar, Inc. Acted as lead counsel for plaintiff in New York Supreme Court for damages and injunctive relief in connection with fraud by and bribery of corporate employees.°
  • BMW v. Smith Co., Inc. Acted as lead counsel for plaintiff BMW in New Jersey State Court and Federal Republic of Germany in breach of trust action on behalf of motorcycle manufacturer which had terminated exclusive rights of motorcycle importer. Cases settled favorably for client after defeating summary judgment motion against BMW.°
  • IRS v. Carol Management Inc. Acted as lead trial counsel for real estate family company operated by Kaskel in U.S. Tax Court case and defended against government’s effort to disallow any discount in valuation of real estate operating company’s entrapped capital gains. Obtained results favorable to the client by saving scores of millions in federal estate and income taxes.°
  • Estate of Sylvan Lawrence. Acted as lead trial counsel representing executor in New York Surrogate’s Court action for accounting brought by The Estate of Sylvan Lawrence beneficiaries asserting claims exceeding $400 million based on allegations of fraud and breach of duty, and co-counsel in companion S.D.N.Y. federal securities action resulting in summary judgment in favor of executor in District Court, and affirmed by Second Circuit.°
  • Raytheon Corp. v. Bain Capital. Acted as lead trial counsel for Bain Capital in AAA arbitration involving post-closing adjustments following acquisition by our client of operating company in a management-led LBO. After full trial on claims and counterclaims alleging fraud and accounting manipulation, arbitrators rendered split decisions in favor of each side, resulting in near canceling out of all claims.°
  • IRS v. Weiler. Acted as lead trial counsel for real estate family in federal income and estate tax dispute involving successful defense against government’s excessive valuation of real estate operating company assets. Obtained a settlement favorable to client by saving scores of millions in federal estate and income taxes.°
  • Robertson, et al. v. NBA et al. Acted as lead trial and appellate counsel for plaintiff NBA basketball players in their seminal antitrust class action in S.D.N.Y. and Second Circuit. Following five separate summary judgment victories, case favorably settled for clients, resulting in injunctions that restructured owner-player relationships as a model for all professional sports, and recovery of damages to all their active and retired players.°
  • State of Illinois v. Harper & Row et al. Acted as lead counsel for five publisher defendants in trade book industry in 37 separate antitrust class actions alleging price fixing brought in the N.D. Ill. Cases resulted in settlements favorable to clients following appeal to Seventh Circuit reversing on attorney privilege grounds trial court order to turn over in discovery grand jury debriefing memos prepared by counsel. Obtained U.S. Supreme Court affirmance in 4-4 ruling.°
  • BMW v. Hoffman. Acted as lead counsel for plaintiff BMW in successful antitrust action in S.D.N.Y. and suit in Federal Republic of Germany on behalf of auto manufacturer which had terminated exclusive rights of importer. Cases settled favorably for client by defeating summary judgment motion against BMW.°
  • In re Lehman Bros. Acted as lead counsel for debtors in bankruptcy proceedings in S.D.N.Y. Bankruptcy Court, primarily prosecuting claims of debtors against sophisticated derivatives counterparties in excess of $5 billion, including creation and maintenance of ADR program involving more than 200 mediations.°
  • In re Enron Corp. Acted as lead trial counsel for debtors in a host of adversary proceedings in S.D.N.Y. Bankruptcy Court, primarily prosecuting claims of debtors in excess of $3 billion in respect of voidable preferences, and derivatives, swaps and forward energy contracts with sophisticated counterparties such as Duke Energy, Dynegy and IBM. Many cases are still pending; favorable settlements have been reached in others.°
  • In re Drexel Burnham Lambert, Inc. Acted as lead trial counsel for debtors in numerous cases heard in S.D.N.Y. Bankruptcy and District Courts and lead appellate counsel in several Second Circuit appeals. Litigations successfully resolved more than $100 billion of claims, including a $5.3 billion Internal Revenue Service tax claim, and confirmed a contested (until ultimately settled) plan of reorganization.°
  • In re Washington Group., Inc. Acted as lead trial counsel for CS First Boston and other senior secured lenders in successful trial confirming a contested plan of reorganization in the District of Nevada Bankruptcy Court.°
  • Allegart v. Perot. Acted as lead trial and appellate counsel in S.D.N.Y. and Second Circuit in series of disputes between trustee of Walston Inc. and principals of duPont Glore Forgan, Inc. including Ross Perot. Obtained resolution favorable for client in a total victory.°
  • BMW v. Smith Co., Inc. Acted as lead counsel for plaintiff BMW in New Jersey State Court and Federal Republic of Germany in breach of trust action on behalf of motorcycle manufacturer which had terminated exclusive rights of motorcycle importer. Cases settled favorably for client after defeating summary judgment motion against BMW.°
  • R.H. Macy v. Westfield Holdings, Ltd. Acted as lead trial counsel in AAA New Jersey arbitration of commercial disputes following $230 million sale of three Macy-owned shopping centers in New York metropolitan area. Client won full arbitrator’s award.°
  • Raytheon Corp. v. Bain Capital. Acted as lead trial counsel for Bain Capital in AAA arbitration involving post-closing adjustments following acquisition by our client of operating company in a management-led LBO. After full trial on claims and counterclaims alleging fraud and accounting manipulation, arbitrators rendered split decisions in favor of each side, resulting in near canceling out of all claims.°
  • Columbia Pictures-SEC v. David Begelman. Acted as lead counsel representing Columbia Pictures in investigation of, and SEC proceedings regarding, embezzlement by highest-ranking motion picture company corporate officer centered in Los Angeles, California.°
  • Estate of Sylvan Lawrence. Acted as lead trial counsel representing executor in New York Surrogate’s Court action for accounting brought by The Estate of Sylvan Lawrence beneficiaries asserting claims exceeding $400 million based on allegations of fraud and breach of duty, and co-counsel in companion S.D.N.Y. federal securities action resulting in summary judgment in favor of executor in District Court, and affirmed by Second Circuit.°
  • J.C. Penny v. Lazar, Inc. Acted as lead counsel for plaintiff in New York Supreme Court for damages and injunctive relief in connection with fraud by and bribery of corporate employees.°
  • Sheik Abdul-Assiz bin Ibrahim v. The Ritz Carlton Hotel Co. Acted as lead trial counsel for The Ritz Carlton Hotel Co. in $490 million claims brought in S.D.N.Y. by owner of four US hotels against hotel management company alleging breach of management contracts and fraud. Obtained resolution favorable to client after denial of plaintiff’s injunction motion to prevent our client from withdrawing Ritz Carlton name from hotels.°
  • IRS v. Carol Management Inc. Acted as lead trial counsel for real estate family company operated by Kaskel in U.S. Tax Court case and defended against government’s effort to disallow any discount in valuation of real estate operating company’s entrapped capital gains. Obtained results favorable to the client by saving scores of millions in federal estate and income taxes.°
  • IRS v. Weiler. Acted as lead trial counsel for real estate family in federal income and estate tax dispute involving successful defense against government’s excessive valuation of real estate operating company assets. Obtained a settlement favorable to client by saving scores of millions in federal estate and income taxes.°

°The above representations were handled by Mr. Gruenberger prior to his joining Greenberg Traurig, LLP.


受賞歴・所属団体

  • Adjunct Faculty, NYU School of Law
  • Founding Member and Former Officer, American Bar Association, Litigation Section
  • Member, New York City Bar Association, Disciplinary Committee
  • Member, Southern and Eastern District Task Forces of New York on Local Rules revisms
  • Member and Principal, The Hecht Training Group
  • Volunteer Mediator, U.S. District Court for the Southern District of New York

学歴・資格・言語

学歴
  • LL.B., Columbia Law School, 1961
    • Decisions Editor, Columbia Law Review
  • B.A., Columbia University, 1958
弁護士資格
  • 米国 ニューヨーク州
  • Supreme Court of the United States
  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. District Court for the District of Columbia
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of Pennsylvania
言語