Peter R. Pendergast

Practice Areas

Litigation

Peter is a business litigator who specializes in FINRA securities arbitration (investor, employment and industry disputes), securities regulatory investigations and enforcement defense (FINRA, SEC and Massachusetts Securities Division) and trials in all courts.

Securities Arbitration

  • Peter represents broker-dealers, managers, advisors and investors in FINRA securities arbitration involving investor claims.
  • He represents broker-dealers and their employees in FINRA securities arbitration involving compensation and other employment issues.
  • Peter also represents broker-dealers and other securities industry participants in FINRA securities arbitration involving industry disputes.

Securities Enforcement Defense

He defends broker-dealers, securities and investment industry participants in investigations and enforcement actions by securities regulators (FINRA, SEC and Massachusetts Securities Division).

Trust/Fiduciary Investment Litigation

Peter represents trustees and beneficiaries in trust investment litigation.

Experience

The following are illustrative of Peter’s securities law and investment industry experience:

  • Representing broker-dealers,managers, advisors and investors in FINRA securities arbitration, including, without limitation, allegations of investment mismanagement, negligence/breach of duty of care, unsuitable investments, unsuitable concentration of investments, churning, excessive commissions, breach of fiduciary duty, unauthorized transactions, misrepresentation, fraud, failure to supervise and breach of fiduciary duty.
  • Representing advisors in FINRA arbitration for compensation owed with respect to a series of financings involving tens of billions of dollars to acquire telecommunication companies in Japan, including multi-billion dollar loans and equity derivative transactions, resulting in $24 million FINRA arbitration award in favor of advisor clients (largest arbitration award in Massachusetts in 2012).
  • Representing biotechnology hedge fund manager in insider trading investigation and enforcement action by the Massachusetts Securities Division, and simultaneously, prosecuting a federal court action against the Secretary of the Commonwealth challenging the refusal of the Massachusetts Securities Division to release the Massachusetts registration of an SEC registered investment adviser during the pendency of the insider trading enforcement action.
  • Representing real estate general partner in investigation and enforcement action for alleged fraud by the Massachusetts Securities Division.
  • Representing broker/advisor team in FINRA investigation of alleged conduct “mirroring” investment manager’s trades, purportedly in violation of FINRA Rule 2010, Just and Equitable Principles of Trade.
  • Acting as Kidder Peabody & Co. Incorporated’s (Kidder Peabody”) Vice President and Public Finance Banker for New England, and subsequently, representing the firm and its successors for 10 years as counsel in litigation, arbitration, investigations, and regulatory matters.
  • Representing trust beneficiaries in United States District Court involving breach of fiduciary duty for unsuitable concentration of trust investments.
  • Acting as General Counsel of the Massachusetts Turnpike Authority (“Authority”) during the height of construction of the Central Artery and Third harbor Tunnel Project (“Big Dig” or the “Project”), overseeing Authority and Big Dig legal issues and investigations.
  • Represented Authority in SEC investigation and enforcement action with respect to allegations of securities fraud for alleged failure by the Authority to disclose material information regarding cost overruns on the Central Artery and Third Harbor Tunnel construction project (“Big Dig”) in connection with the issuance of bonds to finance the project, and subsequently, acted as securities disclosure counsel to the Authority.
  • Appointed by Authority Board of Directors to three-person Big Dig Executive Oversight Committee. Led negotiations with joint venture project manager Bechtel/Parsons Brinkerhoff with respect to demand for reparations by Authority.
  • Created and implemented legal strategy that led to the Acting Governor’s termination of Board members being overturned by the Massachusetts Supreme Judicial Court.
  • Duke University Law School, J.D.
  • University of Pennsylvania, B.A., summa cum laude
  • Georgia
  • Massachusetts
  • Massachusetts Bar Association
  • Georgia Bar Association

Quoted, December 23, 2019, Massachusetts Lawyers Weekly,”Financial Services Bar Gears up for State Fiduciary Rule.”

Peter R. Pendergast

Partner

Phone: 617-456-8053

Cell: 617-515-1756

Email: ppendergast@PrinceLobel.com