Peter Kamminga , Esq., Ph.D.

Antitrust, Governance & Complex Commercial Disputes

• Chair, three-member arbitration tribunal in an antitrust dispute in the health care sector, involving alleged anticompetitive conduct, abuse of market power, penalty, and treble damages claims.
• Chair, three-member tribunal, antitrust arbitration involving alleged anticompetitive conduct, abuse of market power, and treble damages claims.
• Mediation of an MDL antitrust class action involving bid-rigging and benchmark-manipulation (including LIBOR, EURIBOR, and ISDAfix), addressing market-conduct issues, damages exposure, and coordination among multiple defendants and insurers.
• Mediation of antitrust and contractual disputes in the health care and pharmaceutical sector, involving pricing, distribution, and competition issues, including alleged market allocation, exclusivity arrangements, and regulatory oversight in highly regulated sectors.
• Mediation of an antitrust class action brought under the Sherman Act against major U.S. poultry and egg producers for alleged price-fixing and conspiracy to restrict supply, consolidated as a multidistrict proceeding in the Eastern District of Pennsylvania.

Restructuring, Insolvency & Distressed Situations

• Mediation of a multibillion-dollar securities-related opt-out dispute involving institutional investors arising from a U.S. utility company’s Chapter 11 proceedings, addressing disclosure, governance, and plan-confirmation issues with significant investor and insurance implications.
• Mediated multiple matters arising from the Lehman Brothers bankruptcy, including Chapter 11 proceedings in S.D.N.Y. involving U.K. real estate lease obligations and cross-border coordination, claims adjudication, and creditor-recovery issues.
• Mediation of a multi-billion-euro cross-border insolvency dispute involving a European trustee, U.S.-based former directors, and bondholders, addressing professional-liability claims, mismanagement, and coordination with parallel U.S. proceedings.
• Mediation of post-petition disputes between trustees and former directors in Chapter 11 proceedings, including claims involving secured-financing transactions, fiduciary duty, fraud, and related governance failures.
• Mediation of a dispute between a Chapter 7 trustee and a human-resources systems company concerning cancellation of preferred stock options and director-governance actions, including related fiduciary-duty claims.

• Chair (appointed by party-designated co-arbitrators), three-member tribunal, international arbitration between a global data and AI services company and an enterprise software platform, involving claims and counterclaims arising from a Master Services Agreement — addressing unpaid professional and software services fees, contract performance, and the scope of arbitral jurisdiction under competing rule sets.
• Sole arbitrator, technology and commercial dispute between U.K. and U.S. parties governed by New York law.
• Sole arbitrator in disputes concerning enforcement of settlement, stock-purchase, and staged equity-payment agreements in the renewable energy sector, involving claims of breach of contract, payment default, anticipatory breach, and securities-related obligations arising from multimillion-dollar equity transactions
• Mediation of post-merger, joint-venture, and fiduciary-duty disputes involving boards, sponsors, and founders, including valuation, disclosure, management control, self-dealing, and post-transaction risk allocation.
• Mediation of a dispute involving the transition and technical separation of global data center operations following restructuring, including the design and oversight of safeguards to ensure operational independence and prevent the exchange of competitively sensitive information among interdependent business units.
• Mediation of merger-related fiduciary-duty and governance disputes involving technology and data-driven businesses, addressing board oversight, disclosure obligations, confidentiality and data-handling responsibilities, and allocation of post-transaction risk.
• Co-mediator on mediation team resolving a multi-hundred-million-dollar construction-defect dispute involving a high-rise luxury condominium project, design failures, foundation settlement, water intrusion, façade defects, and allocation of liability among developers, contractors, insurers, and other stakeholders.
• Mediation of technology-vendor and managed-services disputes involving cloud hosting, IT outsourcing, cybersecurity services, data-storage arrangements, intellectual property, confidentiality, service-level obligations, and termination of complex commercial agreements.
• Mediation of a post-merger dispute over interpretation of a Sales and Purchase Agreement for a global datacenter business, involving data services and fee arrangements, cloud hosting infrastructure, and the use and transition of computer facilities, servers, and digital assets.
• Mediation of post-closing dispute arising from the sale of an employee-owned insurance-services company, involving escrow and indemnification agreements, representations-and-warranties claims, alleged regulatory-compliance failures, and fraud-related limitations on contractual remedies.
• Mediation and neutral evaluation in major road, rail, tunnel, and energy-infrastructure projects, including disputes involving PPP structures, delay and disruption analysis, cost escalation, performance obligations, and defect-liability issues under FIDIC-based and comparable contracts.
• Mediation of EPC and supply-chain disputes involving performance guarantees, force-majeure claims, liquidated damages, and termination rights in energy and infrastructure projects.

• Mediation of Dutch collective settlement matters under WCAM/WAMCA regimes, including settlement structure, investor recovery, and related D&O insurance coverage and allocation issues.
• Mediation of state environmental and consumer-fraud claims against a major European automobile manufacturer arising from vehicle emissions manipulation, involving parallel federal MDL proceedings, preemption defenses, environmental penalty exposure, and coordination among state regulatory authorities, consumer plaintiffs, and federal proceedings.
• Mediation of an ERISA fiduciary duty class action against a major financial services institution, involving allegations of excessive fees for proprietary investment products and recordkeeping services, fiduciary prudence standards, and expense ratio and fee benchmarking across retirement plan investments.
• Mediation of ERISA class actions involving employees of nonprofit institutions (including private universities and hospitals), addressing 403(b) plan governance and fiduciary-duty and prudence.
• Mediation of U.S. consumer-protection and debt-collection class actions, involving fraudulent practices and statutory violations (including FDCPA- and RICO-related issues), involving coordination among multiple defendants, insurers, and regulators.
• Mediation of a securities class action involving hedge funds against a European automotive manufacturer, involving manipulative conduct and cross-border issues relating to an ownership stake in another major automaker.

• Sole arbitrator in matter involving digital-asset, cryptocurrency, and fintech platforms, addressing contractual performance, custody and control of digital assets, platform governance, valuation disputes, and allocation of risk among institutional counterparties.
• Sole arbitrator of a dispute between a digital media publisher and a video advertising technology company, involving the performance and competitive dynamics of a real-time bidding system — requiring detailed analysis of auction logic, bid sequencing, pricing transparency, market conduct, and data flows across multi-layered ad tech environments.
• Sole arbitrator in consumer data-security and privacy arbitration involving digital health-technology and pharmacy platforms, addressing data-breach liability, cybersecurity standards, mitigation duties, consumer-protection obligations, and arbitration and class-waiver issues under U.S. fintech and privacy law.
• Sole arbitrator, cybersecurity and data-security dispute involving data-breach liability, cybersecurity standards, and consumer-protection obligations.
• Sole arbitrator, digital privacy dispute involving alleged unauthorized interception and transmission of user communications to third-party tracking entities in violation of the California Invasion of Privacy Act and the federal Wiretap Act — requiring analysis of real-time data transmission architecture, consent frameworks, and statutory damages exposure under CIPA and ECPA.
• Mediation of a dispute between a financial institution and an AI-technology vendor concerning failures in AI-driven fraud-detection and identity-access systems, including model drift, performance deficiencies, SLA breaches, cybersecurity risks, and related contractual and regulatory implications.
• Mediation and arbitration of privacy class actions and mass arbitrations involving digital-health and consumer-facing technology platforms, including disputes arising from unauthorized disclosure of protected health information and video-viewing behavior through tracking technologies — addressing HIPAA obligations, VPPA claims, state privacy law claims (including CIPA and CCPA), regulatory compliance, and statutory damages exposure across large consumer classes.
• Mediation of disputes arising from significant cybersecurity incidents and cyberattacks, including data breaches and ransomware events, involving incident response, forensic findings, regulatory exposure, and allocation of remediation costs.
• Mediation of post-merger and consortium-related disputes involving ownership, use, and valuation of machine-learning models, algorithms, and training data, including IP leakage, confidentiality breaches, data-sharing restrictions, cross-border compliance issues, and governance failures.

Institutional Investor & Structured Products Disputes

• Mediation of complex securities, financial-markets, and investment disputes, including securities class actions and opt-out litigation involving institutional investors, arising under federal securities laws and parallel regulatory investigations.
• Mediation of RMBS and structured-products disputes involving institutional investors and U.S. and European financial institutions, involving misrepresentation and nondisclosure, often with MDL proceedings, parallel regulatory investigations, and allocation and contribution issues.
• Mediation of a securities dispute brought by U.S. hedge funds seeking approximately $1.36 billion in damages against a major European automotive company arising from alleged market manipulation in connection with a contested corporate control transaction.
• Mediation of shareholder-derivative and fiduciary-duty dispute arising from merger and control transaction, involving self-dealing, valuation misstatements, disclosure failures, conflicts of interest, and breaches of oversight by officers, directors, and financial advisors.
• Mediation of shareholder-derivative and fiduciary-duty disputes involving officers and directors of a wearable-technology company and a multinational telecommunications corporation, addressing insider trading, self-dealing, and financial-reporting misstatement issues.
• Mediation of disputes arising from the sale and marketing of interest rate swaps and other derivatives by a U.S. financial institution to domestic and international institutional investors and individuals, involving suitability, disclosure, and performance obligations.

Health Care, Pharma & Life Science

• Mediation of antitrust and contractual disputes in the health care and pharmaceutical sector, involving pricing, distribution, and competition issues, including alleged market allocation, exclusivity arrangements, and regulatory oversight in highly regulated sectors.
• Mediation of product-defect, recall, and regulatory-compliance disputes involving pharmaceutical and medical-device manufacturers, FDA compliance, product liability, consumer protection, and reputational risk.
• Mediation of healthcare billing fraud disputes involving hospitals, physicians, and medical suppliers, addressing fraudulent submission and collection of insurance claims for medical services, medical hardware, and medications, including coordination among multiple defendants, insurers, and regulators.
• Mediation of multi-district product-liability proceedings involving medical-device manufacturers, addressing design-defect, failure-to-warn, negligence, warranty, and medical-monitoring claims under federal and state regulatory frameworks.
• Mediation of professional-liability disputes involving healthcare providers, pharmaceutical companies, and advisors, including claims against legal, accounting, and consulting firms arising from regulatory, transactional, and compliance-related matters.
• Mediation of investor, securities, and fiduciary-duty disputes involving health care and biotechnology companies, misrepresentation, off-label marketing, disclosure failures, and regulatory non-compliance affecting valuation and capital-markets exposure.
• Mediation and arbitration of disputes arising from healthcare data breaches and cybersecurity incidents involving protected health information, addressing HIPAA compliance obligations, breach-notification requirements, regulatory exposure, and allocation of liability among healthcare providers, technology vendors, and insurers.

Coverage:

• Mediated and co-mediated domestic and cross-border insurance coverage disputes among policyholders, insurers, and reinsurers, involving coverage trigger, allocation, contribution, exclusions, and bad faith across D&O, E&O, cyber, Bermuda Form and other excess liability programs, health-insurance reimbursement and professional liability, property and business interruption, and representation and warranties (R&W/W&I) programs, including disputes involving London and Bermuda market carriers and multi-layer towers.

D&O and E&O Insurance:

• Mediation of a D&O coverage dispute exceeding $100 million involving appraisal litigation costs, loss aggregation, and interpretation of policy limits across a multi-layer insurance program.
• Mediation of a cross-border E&O coverage dispute involving a U.S. financial company and a consortium of 20+ insurers across multiple jurisdictions (aggregate exposure up to $300 million), addressing coverage trigger, claim aggregation and attachment, the indemnity principle, policy exclusions, and allocation across primary and excess layers.
• Mediation of a D&O coverage dispute arising from appraisal proceedings following a major corporate merger — involving whether statutory appraisal petitions constitute a covered securities claim or wrongful act, policy period and transaction exclusion issues, and defense cost allocation exceeding $20 million.
• Mediation of an international D&O coverage dispute arising from investor claims against a major European bank, involving multiple insurers and excess layers, competing indemnity positions, and allocation across a complex insurance tower.
• D&O coverage mediation arising from the Madoff Ponzi scheme involving a U.S. policyholder and Lloyd’s underwriters, addressing policy interpretation, allocation, and insurer–policyholder disputes in Delaware Chancery Court.

Cyber insurance:

• Arbitrator on a tri-partite panel in dispute over bad faith claims related to cyber security policy under California law between a California professional services provider and its insurance company.
• Mediation of cyber-insurance coverage dispute involving data breaches, ransomware, and incident-response costs.
• Mediation of cyber-insurance coverage dispute involving investors, policyholders, and insurers, raising issues of policy interpretation, exclusions, notice, allocation, and coverage for computer-fraud losses.

Transactional insurance (R&W/W&I):

• Mediation of a cross-border U.S.-Canadian insurance coverage dispute involving a Canadian policyholder and a consortium of ten insurers, arising from post-merger appraisal claims brought by minority shareholders in Delaware Chancery Court, addressing coverage trigger, allocation, and cross-border policy interpretation.
• Mediation of representation and warranties (R&W/W&I) coverage dispute arising from M&A transactions, including seller warranties and cartel-related exposures.
• Mediation of an insurance coverage dispute between an insurer and a chemical company arising from a breach of seller's warranties and a European cartel violation under a transactional W&I policy related to an M&A transaction.

Property, Casualty & Business Interruption:

• Mediation of property and business interruption coverage dispute between a Caribbean insurer and its European reinsurers over losses caused by hurricane damage to an airport, including disputes over coverage trigger and reinsurance obligations.
• Mediation of commercial property and business-interruption disputes, including ACV/RCV valuation, exclusions, and bad-faith under New York law.
• Mediation of construction-related additional insured coverage disputes among general contractors, subcontractors, and multiple CGL and excess carriers, involving wrongful denial of defense and indemnity obligations, coverage trigger under additional insured endorsements, priority of coverage, and bad-faith refusal to acknowledge tender — with parallel coverage litigation running alongside the underlying liability matter.

• Party-appointed arbitrator, cross-border commercial and financial dispute involving complex damages and valuation issues.
• Sole arbitrator, NAI proceedings involving cross-border commercial matters.
• Mediation of a cross-border professional liability claim brought by an investor against a European law firm, involving international tax, insurance, and coverage issues and a tower of 22 insurers.
• Mediation of a cross-border shareholder dispute between venture capital firms involving investments in global technology and IT development businesses, including disputes over software licensing arrangements and governance rights.

• Mediation of product defect, recall, and regulatory-compliance disputes involving pharmaceutical and medical-device manufacturers, FDA compliance, product liability, consumer protection, and reputational risk.
• Mediation of multi-district product liability proceedings involving medical device manufacturers, addressing design-defect, failure-to-warn, negligence, warranty, and medical-monitoring claims under federal and state regulatory frameworks.

Professional Liability & Accountant Disputes

• Mediation of a professional liability dispute between a U.S. marketing corporation and one of the world’s largest audit firms, arising from the withdrawal of audit opinions and involving breach of professional standards, negligence, and loss causation.
• Mediation of a professional malpractice dispute between a U.S. consumer-electronics company and its auditor, concerning failure to detect employee embezzlement, auditor negligence, breach of engagement duties, and damage causation.
• Mediation of professional-liability disputes involving healthcare providers, pharmaceutical companies, and advisors, including claims against legal, accounting, and consulting firms arising from regulatory, transactional, and compliance-related matters.
• Mediation of a professional liability dispute between a major public company and its Big Four auditor arising from parallel criminal and regulatory proceedings — involving forced withdrawal of audit reports, PCAOB audit independence standards, vicarious liability, and complex loss-causation disputes.
• Mediation of professional liability disputes arising from technology implementation failures, cybersecurity incidents, and data-handling issues, including related coverage and indemnity considerations.
• Mediation of professional liability disputes involving legal, accounting, and consulting firms, involving negligence, misrepresentation, and breach of professional duties in matters with significant financial and reputational exposure.
• Mediation of professional liability disputes involving health care providers, pharmaceutical companies, and advisors, including claims against legal, accounting, and consulting firms arising from regulatory, transactional, and compliance-related matters.

Securities Class Actions, Opt-Out Litigation & Investor Disputes

• Independent Expert, SPAC de-SPAC earnout dispute involving escrowed shares and competing interpretations of forfeiture conditions under a Business Combination Agreement resolving a threshold question of New York contract law.
• Mediation of a multi-billion-dollar securities-fraud opt-out claim brought by institutional investors under a California Chapter 11 plan against a power and electricity company, involving misstatements regarding safety practices and governance failures tied to catastrophic wildfires.
• Mediation of a securities fraud class action against a major pharmaceutical company arising from concealed quality control failures, phantom product recalls, and material misstatements to investors — involving shareholder damages exceeding $500 million, loss-causation disputes, and parallel Congressional and regulatory proceedings.
• Mediation of a consolidated securities fraud class action against a major home healthcare company, arising from alleged Medicare billing manipulation and related disclosure failures — involving parallel government investigations, loss-causation disputes under the PSLRA, scienter pleading challenges, and coordination across multiple consolidated proceedings.
• Mediation of coordinated state-court securities-fraud opt-out actions brought by multiple hedge funds against a public manufacturing company, involving alleged misstatements concerning manufacturing operations, Reg FD violations, RICO claims, loss-causation disputes, and parallel institutional investor actions.
• Mediation of False Claims Act and securities-fraud claims against a major investment bank arising from alleged municipal bond underwriting misconduct — involving misrepresentations to government issuers regarding bond pricing and distribution practices, parallel state and federal qui tam proceedings across multiple jurisdictions, and government agency sign-off dynamics that complicated settlement authority.
• Opt-out securities claim brought by U.S. hedge funds against a global mining company, involving environmental-compliance representations, disclosure obligations, and ESG-related misstatements.
• Mediation of Special Purpose Acquisition Company (SPAC) and de-SPAC dispute involving earnout structures, contingent value rights, escrow mechanics, and post-closing disagreements among pre-IPO shareholders and SPAC sponsors.
• Mediation of a U.S. securities class action brought against a Danish energy company regarding alleged misstatements concerning financial performance in violation of applicable securities regulations, involving cross-border disclosure issues and European regulatory standards.
• Mediation of an opt-out securities case involving fraud and bid rigging claims brought by a US public retirement fund against a US insurance broker.
• Mediation of a securities fraud class action arising from a cross-border IPO, involving alleged misrepresentations regarding platform user metrics and content portfolio by an international media company, including analyst-driven corrective disclosures, Audit Committee internal investigation, loss-causation disputes, and cross-border securities law issues.
• Mediation of investor, securities, and fiduciary-duty disputes involving healthcare and biotechnology companies, misrepresentation, off-label marketing, disclosure failures, and regulatory non-compliance affecting valuation and capital-markets exposure.

• Arbitration (sole arbitrator) arising from a $3.5 billion digital asset acquisition, involving carried interest disputes, GP governance and managing member removal, assignment of economic interests, and fraudulent transfer claims in a crypto-focused fund structure.
• Sole arbitrator, digital-asset and fintech platform dispute involving custody and control of digital assets, blockchain transfer and settlement issues, platform governance, and allocation of risk among institutional counterparties.
• Sole arbitrator, digital asset custody dispute involving unauthorized account access, fraudulent transfer of cryptocurrency from a self-directed IRA, and claims under the Electronic Funds Transfer Act.