Peter Behmke

General Commercial Litigation and Arbitration

• a Singapore company in California litigation concerning the break-up of a jointly owned fuel distribution business, in which Peter obtained the full dismissal on summary judgment of over US$892 million of claims against his client
• an international shipping company in litigation concerning the enforcement of an English arbitral award, in which Peter obtained dismissal on jurisdictional grounds and further won the appeal of that decision before the Second Circuit
• a UK company in a putative securities fraud class action, in which Peter’s team obtained full dismissal and affirmance on appeal before the Third Circuit
• a fuel product supplier in multiple US litigations concerning the alleged delivery of contaminated marine fuel to over 100 buyers, in which Peter secured dismissal of the lead case and affirmance on appeal before the Second Circuit
• a leading European truck and automotive manufacturer in a cross-jurisdictional dispute with a US-based equipment supplier
• a provider of technology and business services in New York litigation arising out of a sophisticated cyberattack on the client by an international criminal organization
• a group of sports photographers in a licensing dispute against the Associated Press and NFL, with over US$500 million at stake
• an international expert consultant firm in California litigation opposing a competitor’s claims for alleged tortious interference with business relations
• a global energy company in ICC arbitration concerning an alleged failure to deliver cargoes of LNG by a Louisiana-based producer, with more than US$80m at stake
• a solar project EPC contractor in disputes arising under supply contracts with manufacturers of solar panels and related technology and equipment
• a US commodity trader in New York litigation concerning its purchase of off-specification product, in which Peter obtained an appellate win from the First Department on the meaning of “final and binding” test clauses.
• a global commodity trading company in multiple litigations and arbitrations across the US arising out of a market-wide contamination event impacting the shipping and power generation industries in the US Gulf Coast region, Latin America and Singapore, with more than US$100 million in claimed damages
• a European state-owned energy company in a dispute with a US Gulf Coast producer of LNG arising out of the latter’s failure to declare a commercial operation date under a long-term project development and supply contract
• a South Korean natural gas company in disputes with its LNG suppliers arising out of alleged force majeure events related to the COVID-19 pandemic 

Bankruptcy Litigation

• Peter led the litigation team representing Lehman Brothers in its largest and most complex adversary proceedings against two major financial institutions, in which the estate recovered more than US$12 billion of cash and securities*
• the Official Committee of Unsecured Creditors of Peabody Energy Corp. in its adversary proceeding against the estate’s secured lenders, with more than $1 billion at stake  
• a group of individual defendants in a US$950 million clawback case brought by the FTX bankruptcy estate
• the equity sponsors of Payless, Inc., in which Peter’s team obtained a highly favorable court-ordered settlement of US$400 million of fraudulent transfer and related claims based on dividend recapitalization transactions
• an Australian energy company on matters related to drilling rig contracts in the Diamond Drilling Chapter 11 proceedings, with over US$150 million at stake
• a syndicate of aircraft lease finance parties in the Grupo Aeroméxico Chapter 11 proceedings, with over $100 million at stake 
• an Australian mining company in connection with claims arising under long-term uranium supply contracts in the Pacific Gas & Electric Chapter 11 proceedings