Peter Duffy Doyle
Professional Profile
Peter Doyle is a litigation partner with extensive litigation and arbitration experience. Mr. Doyle's practice encompasses trial work and related counseling in antitrust, contract, copyright, environmental, product liability, securities and trade secret disputes. Since joining Kirkland after his federal clerkship, Mr. Doyle has litigated in state and federal courts in many jurisdictions, including Arkansas, California, Colorado, Delaware, Florida, Illinois, Louisiana, Michigan, Mississippi, New Jersey, New York and Texas. Mr Doyle has also prosecuted and defended claims in arbitrations before the National Association of Securities Dealers and the American Association on a variety of matters, and has experience under the AAA's Commercial, International, and Employment Dispute rules.
Mr. Doyle has successfully argued significant appeals in the Second and Seventh Circuit Courts of Appeals. See, e.g. Kmart Corp. v. Capital One Bank et al., 434 F.3d 536 (7th Cir. 2006) (Easterbrook, C.J.); Shah v. Meeker et al., 435 F.3d 244 (2d Cir. 2006) (Meskill, C.J.).
Mr. Doyle has represented Morgan Stanley in the dismissal of numerous lawsuits related to alleged stock analyst conflicts of interest. One of these wins was featured in the front-page story, "News Reports Found to Provide Inquiry Notice to Investor Suing Morgan Stanley" in an October 2004 issue of the New York Law Journal.
Representative Matters
Defended dozens of securities fraud class actions and derivative suits alleging breach of fiduciary duty, etc. based on client’s research reports and mutual funds sales practices. All actions dismissed on defense motion.
NorthPoint Communications, Inc. v. Verizon Communications Inc.
Defended multi-billion dollar claims for fraud and breach of contract based on client’s termination of merger agreement due to material adverse change. Uncovered serious issues with plaintiff’s stated financial results and operations. Case settled on very favorable grounds after disclosure of discovery results.
In Re Bogalusa Chemical Release Litigation
Trial co-counsel in four-month jury trial of twenty “bellwether” plaintiffs (out of 4,000) seeking damages in Mississippi due to railroad car explosion and release of toxic gas. Cross examined key expert. Jury rejected plaintiffs’ claims for bodily injury, evacuation, fear and fright, and property damage. Defense verdict.
Gaylord Container Corporation v. CNA, et al.
Co-counsel in month-long trial. Court awarded client more than $100 million and held that ten casualty insurers breached their contractual duties in applying an “absolute pollution exclusion.” Defended award through numerous appeals.
United Airlines Labor Matters
Spearheaded successful effort by UAL to obtain unprecedented bankruptcy court relief from oppressive terms in collective bargaining agreement.
Successfully defended two Department of Justice investigations of electronic trading platform owned as a joint venture by financial institutions. DOJ initially challenged creation and operation of Brokertec. Ultimately, DOJ sought to block the sale of Brokertec to a competitor. All investigations and regulatory actions resolved quite favorably for client.
Successfully moved to dismiss purported class actions by shareholders alleging breach of contract in California state court and bondholders alleging securities fraud in New York federal court. Defeated all claims on motion practice.
Decision reported at 156 F. Supp.2d 384
Member of trial team that successfully defended three-week federal jury trial involving $50 million claim for fraud, breach of contract and negligence. Plaintiff's home-town jury rejected claim and awarded client all of its multi-million dollar counterclaim. The National Law Journal selected as Top-Ten Defense Verdicts of the Year.
ISO v. AMS Software, Inc.
Co-lead trial counsel in multi-week arbitration over failed project to jointly develop and sell software. Claimant alleged that client had breached contract by delivering product late and riddled with bugs. Successfully defended $35 million claim by proving client had used its “best efforts.” Counterclaimed for unpaid fees relying on aggressive interpretation of contract. Panel awarded client its full counterclaim, fees and costs for entire arbitration.
Ives Co. v. Dominion Textile Mauritius, Inc.
Co-lead trial counsel in two week arbitration between partners in Argentine joint venture. Claimant sought more than fifty million dollars from client based on alleged breach of contract. Arbitrators denied claims and awarded attorneys fees.
Hollyrock Miller, Inc. v. Ruth's Chris Steak House
Advertising agency asserted copyright and Lanham Act claims in an effort to block client's well-known national advertising campaign for steak restaurants. Court granted defense motion to dismiss federal claims. Remaining claims were withdrawn.
Mortons Restaurant Group, Inc. v. William Hyde
First-chaired successful multi-week arbitration defending former Chief Executive Officer on breach of contract claim in connection with severance agreement.
Courts
United States District Courts for the Eastern and Southern Districts of New York and the Northern District of Illinois
Second and Seventh Circuit Courts of AppealsUnited States Supreme Court
