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Peter T. Barbur is a partner in Cravath’s Litigation Department. He handles a wide variety of antitrust, intellectual property and securities litigation, as well as internal corporate investigations, antitrust-related government investigations, international arbitrations and Foreign Corrupt Practices Act matters.
Mr. Barbur currently represents American Express (“AmEx”) in several antitrust litigations in the U.S. District Court for the Eastern District of New York, including a civil action brought by the Department of Justice and 17 state attorneys general that was tried over six weeks in 2014. The action concerns AmEx’s nondiscrimination provisions in its merchant agreements and is one of the largest and most significant cases brought by the government under Section 1 of the Sherman Act in over a decade. He also represented AmEx and certain of its directors and officers in a shareholder derivative suit arising from the DOJ’s enforcement action; defendants’ motion to dismiss the complaint was granted with prejudice. Mr. Barbur also represents AmEx in a series of putative class actions and individual lawsuits brought by large supermarket and pharmacy chains alleging that AmEx’s “anti-steering” rules violate Sections 1 and 2 of the Sherman Act and in a putative class action brought on behalf of all U.S. merchants alleging that AmEx improperly tied acceptance of certain of its card products to acceptance of other AmEx card products. Mr. Barbur represented AmEx in another putative class action alleging unlawful tying that was dismissed after the U.S. Supreme Court ruled in 2013 that the company’s arbitration provisions in its merchant agreements, which contained a class action waiver, were valid and enforceable.
Mr. Barbur represented Viacom International and Black Entertainment Television in a lawsuit brought by Cablevision the U.S. District Court for the Southern District of New York, alleging that Viacom’s 2012 licensing agreement with Cablevision constituted illegal tying and block-booking in violation of the Sherman Act and New York’s Donnelly Act.
In addition to his antitrust work, Mr. Barbur is representing IBM in a DOJ FCPA investigation relating to IBM’s operations in Poland, Argentina, Bangladesh and Ukraine. He represented IBM in an investigation by the SEC relating to IBM’s operations in China and Korea, which settled.
Mr. Barbur has represented Time Warner in a number of matters, including in connection with the government investigations and private securities litigation concerning financial reporting and disclosure issues arising out of Time Warner’s merger with America Online in 2000.
Mr. Barbur also represented a special committee appointed by the Eli Lilly Board of Directors to respond to shareholder derivative demands and lawsuits relating to the marketing of Zyprexa.
Following his graduation from law school, Mr. Barbur served as a law clerk to Hon. Hugh H. Bownes of the U.S. Court of Appeals for the First Circuit. He joined Cravath as a litigation associate in 1988 and became a partner in 1994.
From 2013 through 2016, Mr. Barbur was named a “National Star” in antitrust litigation and a “Local Litigation Star” in the New York area by Benchmark Litigation. He was also recognized as a leader in antitrust litigation by the 2015 and 2016 editions of The Best Lawyers in America. Mr. Barbur has been recognized for his antitrust and patent work by The Legal 500 United States and was selected by Lawdragon from 2012 through 2016 as one of 500 Leading Lawyers in America.
Mr. Barbur is a member of the Board of Trustees of the Aperture Foundation and a member of the Photography Council at the Museum of Modern Art.
Mr. Barbur received his B.A. magna cum laude from Dartmouth College in 1983, where he was elected to Phi Beta Kappa, and his J.D. cum laude from New York University School of Law in 1987, where he was Articles Editor of the Law Review, a Root‑Tilden Scholar, and elected to the Order of the Coif.
United States: Antitrust
Civil litigation/class actions
Within: Civil litigation/class actions
Cravath, Swaine & Moore LLP ‘combines a quick and thorough grasp of clients’ issues with the ability to communicate simply, clearly and completely’. The team is particularly active in financial services litigation and American Express is a key client in this regard. Evan Chesler, Peter Barbur and Kevin Orsini advised the credit card company in a number of disputes, including its appeal of a district court judgment in a case brought by the DOJ and 17 state attorneys general alleging that the merchant acceptance rules imposed by American Express violated the Sherman Act. The pharmaceutical sector is another regular source of work, and Chesler, Rowan Wilson* and David Marriott represented Mylan in its long-running set of lawsuits alleging pay-for-delay agreements with Cephalon relating to the Provigil drug. Qualcomm and Thai Airways are also recent clients. All the lawyers named above are based in the firm’s New York office. *Since publication, Rowan Wilson has been confirmed as an Associate Judge of the New York State Court of Appeals.