H. Rowan Gaither IV

H. Rowan Gaither IV

Attorney Profile

Top Rated Civil Litigation Attorney in New York, NY

Richards Kibbe & Orbe LLP
 | 200 Liberty Street, 29th Floor
New York, NY 10281
Phone: 212-530-1807
Fax: 917-344-8807
Selected to Super Lawyers: 2013 - 2019
Licensed Since: 1996
Education: Harvard Law School
Practice Areas:
  • Civil Litigation: Defense (60%),
  • General Litigation (30%),
  • Antitrust Litigation (10%)
Languages Spoken:
  • English,
  • Spanish
Attorney Profile

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. His representations often involve complex commercial disputes over contract, tort, antitrust, and intellectual property claims; creditors' rights and bankruptcy; and securities and shareholder litigation. 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:

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.

Individual defendants in the defense of Securities Act and related state securities law claims brought by the Federal Housing Finance Agency as conservator for Fannie Mae and Freddie Mac and arising out of the purchase of billions of dollars in residential mortgage-backed securities issued in the mid-2000s.

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.  Claims against the general partner and ultimate general partner asserting breaches of the limited partnership agreement and of fiduciary duties under Cayman law were successfully upheld at the motion to dismiss stage. 

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.  The client was dismissed from the action after the antitrust claim was successfully challenged under California's Anti-SLAPP statute.

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.  Summary judgment was entered in favor of the client before trial.

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. Appeals taken during the matter resulted in a significant clarification of New York's law concerning damages available in the context of broken trades of distressed loans.

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 matter was settled on terms favorable to the client after plaintiff's damages theory was successfully rebutted at trial.

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.  The principal claims against the client were dismissed at the pleading stage.

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.

About Rowan Gaither IV

Admitted: 1996, New York

Professional Webpage: http://www.rkollp.com/attorneys-Rowan-Gaither-Bio.html

Bar/Professional Activity:

  • Member, Association of the Bar of the City of New York

Educational Background:

  • Yale University, B.A. magna cum laude, 1988

Industry Groups

  • Capital Markets
  • Debt & Loan Trades
  • Finance
  • General Commercial Litigation
  • Hedge Funds
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Office Location for H. Rowan Gaither IV

200 Liberty Street
29th Floor
New York, NY 10281

H. Rowan Gaither IV:

Last Updated: 4/12/2019

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