< Directory H. Rowan Gaither IV

H. Rowan Gaither IV represents clients in complex civil litigations pending in the federal, state and bankruptcy courts and in arbitrations and mediations arising out of the capital markets and financial services industries. He also advises our corporate clients in pre-litigation negotiations, particularly in connection with broken trades in the distressed-debt and claims-trading markets, and provides advice on litigation risks and arbitrage opportunities.

Mr. Gaither represents investment banks, hedge funds, major international corporations and senior officers and directors of public companies. He is often involved in matters that simultaneously involve regulatory proceedings and civil litigations and has represented individuals in investigations brought by the SEC and self-regulatory organizations. 

Examples of significant representations include:

• A monoline insurer in the defense of antitrust and common-law claims brought by California municipalities and non-profits in connection with municipal bond issuances in that state;
• Sellers of TRUPS CDOs in a federal-court action brought by the FDIC as receiver of a failed regional bank;
• A private equity investor in the defense of fraudulent-transfer and common-law claims attacking a Delaware short-form merger and related going-private transaction;
• A major investment bank in a state-court litigation triggered by the termination of an agreement to purchase a distressed loan originally made to an Enron-related vehicle;
• A senior secured lender in bankruptcy and Delaware chancery court proceedings related to the insolvency of a biometric payment processing company;
• An aircraft manufacturer in the defense of wrongful death and property claims arising out of the terrorist attacks of September 11, 2001;
• An integrated-circuit manufacturer in federal court litigation over the alleged breach of a non-disclosure agreement and claimed loss of millions of dollars in profits;
• The former CEO and CFO of a bankrupt insurer in an action in which a Chapter 7 trustee brought $80 million in claims against them and several of the insurer’s advisers, directors and major shareholders;
• Partnerships specializing in distressed-asset investments in a contested proceeding arising out of multimillion-dollar lease-rejection claims filed in the Tower Automotive Inc. bankruptcy;
• A multibillion-dollar fund in a two-stage arbitration involving claims by a former senior executive seeking a profits interest in investments the fund had made in Japan;
• The former CEO and CFO of a bankrupt vacation-ownership-interval company in a federal court action brought by a litigation trustee asserting breaches of fiduciary duties and in related bankruptcy and insurance-coverage actions; and
• A partnership responsible for the management of multibillion-dollar investments in distressed assets in an action brought by a former adviser seeking a post-termination interest in fees payable to the client.

News

• Ruling in 9/11 Property Damage Litigation May End Larry Silverstein's Pursuit of Billions in Damages
• Federal Court Limits Aviation Defendants’ Potential Liability in 9/11 World Trade Center Litigation

Publications

• "Trading Bankruptcy Claims: Are Your Counterparty's Promises Enforceable?" by Jon Kibbe, H. Rowan Gaither and Igal Katz
• "Seventh Circuit Court Slams Bankruptcy Trustee for Asserting Frivolous Claims" by Brian Fraser and H. Rowan Gaither
• "Equity and Debt Decoupling: Derivative Instruments Challenge Fundamental Assumptions of Corporate and Bankruptcy Law" by Jon Kibbe, Brian Fraser, Michael Friedman, H. Rowan Gaither and Julia Lu