(212) 530-1807
(917) 344-8807 fax
rgaither@rkollp.com

One World Financial Center
New York, NY 10281-1003

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H. Rowan Gaither IV

Partner

H. Rowan Gaither IV focuses his practice on complex civil litigations pending in the federal, state and bankruptcy courts and on arbitrations and mediations, particularly in connection with disputes arising out of the capital markets and financial services industries.

Mr. Gaither represents investment banks, hedge funds, major international corporations and senior officers and directors of public companies. He is regularly 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. He advises our corporate clients in pre-litigation negotiations and on litigation risks and arbitrage opportunities in connection with their investments. Recent significant engagements include:

• Representing a major investment bank in a state-court litigation arising out of the termination of a contract to purchase a distressed loan originally made to an Enron-related vehicle;
• Representing 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, along with various of the insurer’s advisers, directors and major shareholders;
• Representing 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;
• Representing 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;
• Representing 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;
• Representing 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;
• Representing individuals and family partnerships in a federal court action arising out of the termination of derivatives transactions involving pre-paid variable forwards;
• Representing major lender banks against efforts by bankrupt LTV Corporation to consolidate bankruptcy-remote special purpose vehicles with the assets of the debtors, thus converting clients from secured to unsecured creditors;
• Representing senior executives in SEC investigations involving the mutual-fund services and advertising industries.

Mr. Gaither is admitted to practice before the state courts of New York and the United States District Courts for the Southern District of New York, the Eastern District of New York and the Western District of New York.