Summary

Rich Harper is a trial partner in the New York office of Baker Botts. He has significant experience representing corporations, hedge funds, directors and officers, accounting firms and special litigation committees in complex litigation matters.  He has a focus on disputes for energy-related companies, ranging from regulatory investigations to commercial litigation. Mr. Harper has trial experience in jury and nonjury trials, as well as regulatory matters.

Mr. Harper is co-editor of the ABA Securities Litigation Journal, the quarterly journal of the ABA Securities Litigation Committee.

Mr. Harper served as a law clerk to Judge Karen Williams of the U.S. Court of Appeals for the Fourth Circuit and Judge Stanley Marcus of the U.S. District Court for the Southern District of Florida.

Representative Engagements

Commercial Trial Litigation

• Liberty Media Corporation – representation in Delaware Chancery Court trial; responsible for accounting-related issues
• Multiple representations of energy-related companies in lawsuits involving contract and fraud claims
• Big Four accounting firm – representation in a three-week jury trial relating to a bond issuance
• Big Four accounting firm – representation in bench trial in contract dispute

Securities Litigation and Enforcement Matters

• Stock Option Investigations and Litigation – representation of officers/directors in three separate sets of securities class and shareholder derivative cases, as well as SEC matters
• Mutual Fund Industry, Market Timing Investigations – representation of mutual fund company and officers in multiple SEC and state regulatory investigations
• Metromedia Fiber Network – representation of former CFO in securities class actions and SEC investigations involving accounting fraud allegations; successfully argued before district court for the dismissal of one set of class actions
• Deutsche Bank Alex. Brown/Seaboard Securities – representation of broker-dealers in federal and state class actions alleging fraud; successfully argued before the Second Circuit that state law claims were preempted by SLUSA; successfully argued before New York State appellate court for dismissal of consumer fraud allegations

Hedge Fund/Investment Advisor Litigation and Regulatory Matters

• Representation of hedge fund in defending purported “death spiral” securities fraud action involving claims of unlawful market manipulation through short selling
• Representation of hedge fund in defending against purported RICO conspiracy action brought by Fairfax Financial Holdings against numerous hedge funds and financial analysts for alleged shorting conspiracy
• Representation of large insurance company to develop hedge fund insurance product, including providing advice regarding hedge fund litigation risk and SEC enforcement trends

Corporate Governance Matters/Internal Investigations

• Fortune 100 company audit committee – representation in Foreign Corrupt Practices Act internal investigation
• NASDAQ company – representation of outside directors regarding investigation of the CEO for insider trading violations
• Fortune 100 company – representation in an internal investigation into allegations regarding unfair pricing issues with customers

Publications, Speeches and Presentations

Publications

• “The Effect of Rule 10b5-1 on Securities Class Action Litigation,” ABA Securities Litigation Journal, Fall 2006 (Margaret D. Nolan, co-author)

Speeches and Presentations

• Moderator, “Hedge Fund Litigation 2007: Focus on Short Selling,” PLI
• Panelist, “Internal Investigations,” CLE International, Houston, March 2005
• Panelist, “Legal Ethics & Personal Liability of Corporate Counsel: Securities Regulatory Issues,” Directors Roundtable, New York, December 8 and 14, 2004