H. Rowan Gaither IV, Richards Kibbe & Orbe attorney photo

H. Rowan Gaither IV

F:  917.344.8807

Overview

H. Rowan Gaither IV is a trusted advisor to leading investment banks, hedge funds, major international corporations and senior officers and directors of public companies. He represents clients in securities, derivatives, commodities and other complex financial products litigation in federal and state courts around the country. He often represents the firm’s corporate clients when transactions involving exotic financial instruments or complex investments trigger disputes with counter-parties. He also defends corporations and individuals in investigations brought by the SEC and self-regulatory organizations. more +

Mr. Gaither serves as co-chair of the Litigation Department. He has been recommended by the Legal 500 United States and is a New York Super Lawyer.

Experience

Significant representations include:

  • Interdealer brokers and affiliates in the defense of Commodity Exchange Act, antitrust and aiding and abetting claims brought in multiple federal court proceedings by plaintiffs alleging manipulation of financial benchmarks including ISDAFIX, Yen LIBOR, Swiss Libor, Euribor, and the Australian BBSW benchmark.
  • An Argentine sports marketing company in the defense of antitrust, RICO and Florida unfair trade practices claims brought by a competitor and arising out of the alleged bribery of South American soccer officials. The antitrust and Florida state-law claims were dismissed at the pleading stage.
  • A former counsel to Chinese companies that accessed the U.S. capital markets via reverse mergers and subsequent listings on the NASDAQ in the defense of claims brought against the counsel in actions filed by the SEC and a bankruptcy trustee. The SEC declined to amend its complaint and reassert its claims against the client after they were dismissed by the Court.
  • The operator of an alternative trading system (dark pool) in connection with an SEC investigation into whether client confidential information was improperly accessed. The investigation resulted in a settled administrative proceeding on terms that were favorable for the client.
  • Individual defendants in the defense of Securities Act and related state securities law claims in actions brought by the Federal Housing Finance Agency as conservator for Fannie Mae and Freddie Mac and a major insurer and arising out of the purchase of billions of dollars in residential mortgage-backed securities issued in the mid-2000s.
  • An airplane manufacturer in defense of multi-billion dollar litigation brought by World Trade Center leaseholder claiming damages arising out of 9/11 attacks. Damages claims were reduced to $3.5 billion after a series of summary judgment motions and to zero after federal-court bench trial.
  • A limited partner in a Cayman Islands exempted limited partnership that was established by Raj Rajaratnam prior to his conviction for insider trading and other violations of U.S. federal securities laws.

Honors & Awards

  • Recommended by The Legal 500 United States in the area of General Commercial Disputes (2016-2019) and Securities Litigation (2017-2019). 
  • Selected by Super Lawyers Magazine as a New York Super Lawyer in General Litigation, Civil Litigation Defense and Antitrust Litigation (2013-2018) 

News

Presentations

Publications

Practice Areas
Clerkship(s)
  • Honorable Ronald R. Lagueux, United States District Court, District of Rhode Island
Education
  • Harvard Law School, J.D., cum laude, 1995
  • Yale University, B.A., magna cum laude, 1988
Bar & Court Admissions
  • New York
  • United States Court of Appeals for the Second Circuit
  • United States District Court for the Southern District of New York
  • United States District Court for the Eastern District of New York
  • United States District Court for the Western District of New York