Peter A. Nelson, Counsel

Peter Nelson is Counsel in the Firm's litigation department. His practice focuses on complex commercial and privacy and data security advice and litigation, including disputes related to structured finance, media and communications, consumer products, payment cards, legal services, pharmaceuticals, medical devices and biotechnology products. He has handled a wide variety of litigation and dispute resolution at all stages, including pre-litigation counseling, discovery, dispositive motion practice, arbitration, trial, and appeals, including in the Supreme Court. He is the co-author of Cybersecurity Governance: A Guide for Corporate Officers, Directors and General Counsel, part of Bloomberg Law’s Privacy & Data Security Practice Portfolio Series. Mr. Nelson was recognized as a Rising Star in the New York-Metro edition of Super Lawyers from 2015-2018.

Prior to joining the Firm, Mr. Nelson served as a Law Clerk to the Hon. Robert W. Sweet, United States District Court for the Southern District of New York, and worked for an American international law firm.

Representative Matters

Data Security and Privacy

Represent large legal services company in putative class action under the California Consumer Privacy Act arising from ransomware attack

Advised large legal non-profit organization on privacy issues related to paid media practices

Advised international climate-change focused environmental non-profit organization on privacy and data security policies

Oversaw investigation and response to ransomware attack on large legal services company, and represented company in related customer and regulator inquiries

Advised insurance company on data security issues related to third-party vendors and compliance with the New York Department of Financial Services data security regulation

Commercial and Business Litigation

Represent a large financial institution in antitrust litigation concerning interchange fees and credit card network rules

Represent a higher education publishing company in putative class actions concerning author royalties for digital products

Represent monoline insurers bringing claims against financial institutions for fraud and breach of contract related to the creation of and participation in residential mortgage-backed securities (“RMBS”) transactions, including extensive fact and expert discovery, trial court motions practice, and appeals to the New York Appellate Division

Represented an industry-leading publishing company in a putative class action filed by authors concerning payments of royalties

Represented a non-profit health organization in contract dispute concerning the distribution of an important medical product

Represented a major pharmaceutical company in private arbitration concerning a contract dispute related to the joint commercialization of an important biologic

Represented a leading medical device company in patent litigation concerning cardiovascular stents, culminating in dismissal of all claims following a bench trial in federal court

Represented a leading manufacturer of mouthwash in a putative consumer class action concerning claims of false advertising in federal court, culminating in dismissal of all claims and a settlement

Represented a large consumer product company in connection with Federal Trade Commission investigation concerning claims of false advertising

Represented two large biotech and pharmaceutical companies in a contract dispute relating to a billion-dollar product in private arbitration

Conducted internal investigation and represented an executive in connection with a U.S. Department of Justice investigation into FCPA violations

Represented broadband cable provider in federal lawsuit to enjoin a competitor from airing false television and internet advertisements, leading to favorable settlement

Pro Bono Matters

Represent victims of torture in the Abu Ghraib prison in Iraq in litigation against a private contractor, including all aspects of discovery, extensive motion practice, and multiple appeals, including appeals to the Supreme Court (opposition to defendant’s petition for a writ of certiorari available by clicking here)

Filed amicus brief on behalf of Dean Erwin Chemerinsky and Professors Susan Bandes, Martin Flaherty, Eric Freedman, and Burt Neuborne, challenging the U.S. Government’s assertion of sovereign immunity against claims of torture, persecution, and inhumane acts under the Alien Tort Statute arising from ICE’s involuntary separation of a father and son (brief available by clicking here)

Represented Common Cause and several cities, organizations, and individual voters in challenge to presidential memorandum seeking to exclude undocumented immigrants from the 2020 census apportionment, including submission of related amicus briefs in the United States Supreme Court (amicus brief available by clicking here)

File amicus brief in the Eleventh Circuit Court of Appeals on behalf of human rights and civil rights organizations supporting the ability of plaintiffs to litigate pseudonymously to protect themselves from threats of reprisal

Represented Common Cause, the North Carolina Democratic Party, and individual voters in North Carolina in a lawsuit challenging the 2016 North Carolina Congressional redistricting as an unconstitutional partisan gerrymander

Filed an amicus brief in the Supreme Court on behalf of Common Cause in Whitford v. Gill, a partisan gerrymandering challenge to a Wisconsin state legislative redistricting, in support of the Plaintiffs-Appellees (brief available by clicking here)

Successfully represented two Army veterans with applications for military discharge upgrades, resulting in upgrades to Honorable discharge for both applicants

Represented an environmental action group in challenging misleading advertisements by a large agrochemical company, resulting in the withdrawal of the challenged advertisements

Represented an artist seeking to prevent destruction of her artwork; obtained TRO in federal court leading to favorable settlement and preservation of the work

Successfully obtained asylum on behalf of two individuals facing persecution in their home countries based on their sexual orientation

Filed an amicus brief on behalf of The Innocence Project in a wrongful murder conviction case, leading to vacatur of the conviction and the release of a man wrongfully imprisoned for 17 years