Peter J. Linken

About Peter J. Linken

Peter is a Counsel in our dispute resolution practice, based in New York.  He has nearly two decades of experience representing multinational companies and their officers and directors in complex commercial disputes, securities class actions, shareholder litigations, arbitrations, and in regulatory investigations and enforcement matters. In particular, Peter has extensive experience representing some of the world’s largest financial institutions in major cases involving cross-border commercial disputes, alleged antitrust conspiracies, securities actions, and bankruptcy avoidance actions.  He also has represented one of the world’s leading credit rating agencies in connection with civil lawsuits and government inquiries around the United States and abroad, arising out of its ratings of structured finance securities, sovereigns, public finance, and bond insurers.  As a result, Peter regularly appears in state and federal courts across the country, and he has extensive experience counseling clients in connection with high-stakes testimony in civil and governmental actions.

Prior to joining Freshfields, Peter worked as an associate and later as Counsel in the New York office of another international law firm.

Recent work

Commercial litigation

• Defeated a shareholder’s effort to challenge a $2.9 billion dollar take-private merger between Sumitovant Biopharma and Myovant Sciences by obtaining dismissal, with prejudice, of all claims in the Plaintiff’s class action complaint.
• Defending alleged violations of the law of nations and the Anti-Terrorism Act concerning conduct in areas of conflict.
• Successfully defended a leading global private markets manager in a dispute regarding a side letter concerning certain Delaware corporate governance issues, including control of a portfolio company. 
• Successfully defended a multinational financial services corporation in connection with a post-M&A contractual dispute regarding representations and warranties and the allocation of responsibility for post-closing liabilities.
• Defended major international financial institution in multiple class actions involving antitrust claims predicted on alleged collusion in various financial markets, including GSE bonds and interest rate swaps.
• Defended a national cable television provider in connection with various contract disputes concerning the scope of retransmission agreements.

Securities litigation

• Successfully defended Li-Cycle Holdings Corp. and certain of its officers and directors in a federal securities class action challenging statements about its accounting practices, revenues, and accounts receivable that were made in connection with a SPAC business combination based on allegations raised in a short-seller report.
• Successfully defended Centessa Pharmaceuticals and several of its officers and directors in federal securities class action challenging statements made in connection with its IPO about clinical trials and experimental treatments.
• Successfully defended a transportation services company in a shareholder derivative action challenging a stock repurchase program. 
• Defended a nationally recognized statistical rating organization in connection with numerous securities fraud cases and corresponding government enforcement actions relating to residential mortgage-backed securities and collateralized debt obligations.
• Successfully defended one of the world’s largest investment banks in a multi-billion dollar securities class action litigation, alleging violations of the Securities Exchange Act of 1934 and the Securities Act of 1933.

Complex civil disputes

• Defended a broker-dealer in employment arbitration brought by former CEO alleging wrongful termination.
• Successfully defended an international law firm in connection with multiple claims of professional malpractice and subsequent arbitrations and mediation.

Regulatory investigations

• Represented the Special Committee of the Board of Directors of a multinational broker-dealer regarding allegations of misconduct arising from operation of a dark pool. 
• Represented a nationally recognized statistical rating organization in connection with multiple inquiries from the United States Securities and Exchange Commission.
• Various companies responding to regulatory inquiries from the SEC and FINRA.

Bankruptcy Litigation

• Successfully defended an international investment bank in fraudulent conveyance and preference actions concerning alleged Ponzi scheme.