Hunter T. Carter

Partner
Hunter is a veteran commercial attorney in New York and Washington, DC.
Hunter Carter, Partner, New York at Arent Fox LLP

Hunter is a member of the bars of New York, Washington, DC and Virginia, as well as the US Supreme Court and numerous federal appellate and trial courts. He received his law and undergraduate degrees from the University of Virginia, and also studied at the University of Miami Law School and in the ancient university town of Angers, France. He was elected to the editorial boards of the University of Miami Law Review and the Virginia Journal of International Law. He is fluent in Spanish and French.

Hunter is a vigorous advocate who has spearheaded complex and difficult cases involving aircraft leasing, commercial, corporate and D&O, e-discovery, intellectual property, internal investigation, media and entertainment, pharmaceutical distribution, and real estate. He is a trial attorney who is prepared to get right into court and try cases to conclusion if need be, having led litigation in federal and state trial courts, and to take appeals where necessary, but who is also at home in arbitration, mediation, and negotiation, domestically and internationally. He has represented clients in lobbying and defending investigations before the US Congress, and litigation and investigations by the Department of Justice and Federal Trade Commission (FTC). He is a diligent problem-solver and business counselor.

Hunter is particularly active in international work in Latin America. He was chair of the New York City Bar Association Committee on Inter-American Affairs, a member of the New York City Bar Council on International Affairs. Hunter writes a blog called Colombia Law & Business Post. He is a co-chair of the firm's International Services Group. He is also an active leader of the profession in the field of attorney responsibility and legal ethics. He is a member of the New York State Bar Ethics Committee, has chaired the ethics committee of the New York Intellectual Property Law Association, and is the New York ethics partner for the firm's New York office.

Client Work

Representative matters:

Commercial, Corporate, and Bankruptcy

  • Luitpold Pharmaceuticals, Inc. Hunter led a team that brought and favorably settled on the eve of trial a $250 million pharmaceutical distribution agreement wrongful termination claim, reversing summary judgment once on appeal and once more on reconsideration by the District Court, which apologized in a published order. 
  • Transcom Enhanced Services, Inc. in a precedent-setting victory in the New York Court of Appeals holding, for the first time, that an agreement that is terminable at will and which does not contain a non-contingent payment obligation cannot be attached to enforce a judgment under New York’s restraining notice statute.
  • Fortgang family members who were directors, officers, and controlling shareholders of M. Fabrikant & Sons, a worldwide diamond and jewelry manufacturing and distribution company. Led the defense against a creditors’ trust that secured a restraining order freezing $200 million in assets after the company filed for bankruptcy. The creditor trust withdrew its request for the seizure of assets and the case settled favorably for the client.
  • Bond trustee against an airline holding company guarantor of a bankrupt airline's lease of a Boeing 757, winning summary judgment on liability and trying the damages case for two years in New York County Supreme Court (before the guarantor declared bankruptcy).
  • National dialysis services company in a putative class action seeking to enjoin a $115 million acquisition and follow-on merger. Hunter led the team whose early motion to dismiss and vigorous opposition to discovery ensured the timely and successful completion of the acquisition and merger with no settlement or payment to the plaintiffs.
  • Voice telecom service provider defending a $2.4 million emergency proceeding brought by a leading international telecommunications company seeking an order of contempt. After a one-day trial, the New York Supreme Court dismissed the petition in its entirety. The Appellate Division affirmed in a split decision. An appeal to the Court of Appeals is pending.
  • Leading Internet co-location and data center services provider in enforcing terms of service against major nationwide data and voice carrier, securing orders permitting termination of services and posting of a significant bond, resulting in settlement of all disputes.
  • Special board committee of a holding company for a next-generation Eastern European wireless broadband telecommunications firm investigating derivative claims concerning capital raising, asset disposition, capital infusion, and change of management/control transaction.
  • Fund holding hundreds of millions of dollars’ worth of subprime mortgage-backed securities in fraud and breach of contract litigation over misrepresentations in exchange offer about valuation and other attributes of the securities.
  • Borrower in claims of fraudulent stock-based lending scheme in civil litigation and related criminal proceedings resulting in conviction and full sentence, with property forfeiture and substantial victim compensation.
  • US broadband communications product manufacturer/distributor in litigation with PIPE lender/investor.
  • Various debtors-in-possession, creditors’ committees, trustees and secured creditors in numerous aspects of bankruptcy litigation.
  • Major mortgage lenders in consumer class actions alleging predatory lending, unfair trade practices, and violation of mortgage borrower protection laws.
  • Prominent financial advisor and fund manager in arbitration over claims against and by former marketing and management consultants.
  • Formerly registered broker-dealer in claims during winding-down procedures.
  • National financial institutions serving as bond trustee in various bankruptcy matters.

International

  • Peruvian investor in dispute with co-investors and quinoa vendor for theft of funds and misrepresentation. 
  • Peruvian cocoa growers cooperative in seeking to set aside arbitration award due to absence of agreement to arbitrate. 
  • Designated ICC arbitrator in share purchase agreement dispute, involving parties from Panama and Colombia.
  • FCPA compliance and implementation engagement for Chile-based multinational corporation. 
  • International internal investigation for South American commodities producer. 
  • Co-chaired trial team and conducted examination of the UN Special Rappateur on Torture, Dr. Juan Mendez, at trial before the InterAmerican Court on Human Rights, Cartegena, Colombia. (in Spanish) 
  • International metals manufacturer and distributor in international arbitration of claims arising out of acquisition of a South American producer.
  • International metals manufacturer and distributor in arbitration and litigation matters relating to supply purchase and sales agreements.
  • Italian glass manufacturer involved in commercial distribution dispute in the United States.

Real Estate

  • National women's health and reproductive services core provider in arbitration against commercial landlord owner rights to purchase $40 million national headquarters office consisting of half an office building, and related trial and appellate litigation to enforce arbitration, resulting in enforcement of a purchase below-market option and significant facilitation of cost savings.
  • Receiver and mortgagee in environmental disputes and cleanup cost claims associated with a former rocket-fuel and nuclear facility in suburban Virginia.
  • Former scrap yard operator defending against environmental claims brought by railroad as ground lessor in suburban Virginia.
  • Funds of worldwide investment bank in various real estate portfolio litigation in numerous states concerning purchase and sale, leasing, operations, and partnership dispute issues involving commercial, hospitality, multifamily, and marina properties.
  • Funds of worldwide investment bank in arbitration of retail properties acquisition on claims for breach of representation and warranty.
  • National senior residential facilities owner/operator regarding claims concerning broker commissions and other acquisition and disposition matters.
  • National senior residential facilities owner/operator regarding claims concerning upstream liability in connection with patient care allegations.
  • National real estate investment trust in all aspects of commercial operations leasing litigation for Class A office properties in New York City.
  • Purchaser of thrift portfolio defending claims to recoup or offset damages from alleged breach of refinancing agreement, resulting in DC Circuit decision affirming that the thrift's assets were sold free and clear of all liabilities including recoupment defenses.
  • International online information services provider in resolution of commercial lease issues for national call center.
  • International investment bank in various real estate restructuring litigation and bankruptcy matters.
  • Former managers of government-leased real estate investment trust in earn-out claims.
  • Various New York and Washington, DC businesses in commercial leasing disputes.

Intellectual Property and Entertainment

  • International TV network in claims against producer for breach of contract, first refusal and holdback rights relating to distribution of competing and derivative programming.
  • International TV network in claims against on-air talent for breach of contract and restraining order.
  • Broadcast TV group in arbitration of claims against TV network for misrepresentation and breach of contract in the acquisition of several stations.
  • Consumer products distributor in two trademark infringement jury trials.
  • Consumer products distributor in false advertising cases brought as class actions and before state attorneys general and the FTC.
  • Consumer products distributor in patent infringement and mismarking, unfair trade practice federal court litigation.
  • International hotel franchisor in claims concerning international master franchise agreement.
  • International retailer in credit card services agreement dispute.
  • International online services provider in website content licensing dispute.
  • National intergovernmental association in litigation and licensing regarding national consumer database and website.
  • Telephone-based entertainment company in numerous consumer protection and commercial litigation, bankruptcy, and line acquisition and licensing and matters.
  • Specialty food products manufacturer and distributor in investigation regarding trade secret misappropriation, unfair competition, and trademark infringement.
  • Immigration attorney association in ending copyright infringement of professional education materials.

Health Care

  • Major national senior residential facilities owner/operator in litigation and resolution of claims relating to incident resulting in death of tenant.
  • Major HIV and AIDS primary care medical and social services clinic as general counsel and as principal outside counsel supervising labor, employment, real estate finance, leasing and development, litigation, and government relations matters.
  • Audit committee of major health care nonprofit organization in investigations concerning accounting and reporting practices and cost reimbursement.
  • Professional provider group in American Health Lawyers Association arbitration of group compensation claims.

Congressional

  • Leads the Arent Fox team that serves as a national legislative advocate for the Communities Advocating Emergency AIDS Relief Coalition, which represents more than 300 grantees under Title I and Title III of the Ryan White Comprehensive AIDS Resources Emergency Act, including the 51 major metropolitan areas most adversely affected by the HIV and AIDS epidemics.
  • Defended major manufacturer and distributor of ephedra-based nutritional supplements in Congressional hearings and investigation into the death of a Major League Baseball player.

Professional Activities

Active in the bar and public interest arena, Hunter was chair of the New York City Bar Committee on Inter-American Affairs and a member of the Council on International Affairs. The Committee’s recent work included a detailed look at private equity in Colombia, Mexico, and Brazil. Hunter also works with US clients looking for investment opportunities or acquisitions in Colombia.

He is a Fellow of the American Bar Foundation and a member of the Bar Associations of New York State, New York City, the District of Columbia, and Virginia. He is an award-winning advocate for HIV and AIDS care in the lesbian, gay, bisexual, and transgender community. In June 2016, Hunter, as co-lead counsel, signed a settlement agreement with the Chilean government, which agreed to legislate marriage equality. In May 2012, Hunter, together with Ciro Colombara, leading Chilean human rights lawyer, filed a petition before the Inter-American Commission on Human Rights alleging that the Chilean Constitutional Tribunal and Supreme Court committed human rights violations under the American Convention on Human Rights when they ruled that same sex couples are not entitled to civil matrimony, even couples who are legally married in Canada and Argentina. Hunter carries the struggle for equal marriage rights to South America and the Inter-American Commission on Human Rights in hope of achieving a civil rights victory for same-sex couples in Chile and beyond.

He is the co-author (with Prof. Elizabeth Cooper of Fordham University Law School) of the New York State Bar Association’s acclaimed 2009 Report on Same-sex Couples and Marriage. He also did pro bono work for victims of September 11, after he was himself displaced from his home on Battery Park by the terrorist attacks.

Hunter served on the Latin America Advisory Committee of the Hillary Clinton Campaign for President in 2008. He often speaks professionally to lawyers and industry groups on the subjects of fiduciary obligations, investigations, e-discovery, attorney-client privilege, attorney professional obligations, and HIV and AIDS issues.

Publications, Presentations & Recognitions

Hunter has lectured frequently on current corporate, litigation, and Latin America related issues. He has also contributed to various publications, blogs, and seminar materials. Some recent speaking engagements and publications include:

  • Gay marriage discussion with Colombian Politician, Edgar Espindola, W Radio Colombia; April 17, 2013 (in Spanish)
  • "Will Supreme Court Punt on Gay Marriage Case?" Lawyers.com; March 26, 2013
  • "Hunter Carter, a lawyer who sponsors IACHR complaint against Chile: The AVP is a form of discrimination," The Clinic; March 25, 2013
  • "Mexican Supreme Court: American Cases Demand Marriage Equality," Buzzfeed.com; February 18, 2013
  • "Same-Sex Marriage in Chile," Americas Quarterly; June 7, 2012
  • Guest Column: Train Leaves the Station, Slowly,” Financial Times; May 8, 2012
  • Conference Moderator, “Exporting to Russia Forum,” Arent Fox New York Office; October 6, 2011
  • “A Proposed New Arbitration Law is Circulating Among Circles in Colombia,” Latin American Law & Business Report; July 13, 2011
  • “Preventing Piracy or Creativity? The “Ley Lleras” – Colombia’s Version of the Digital Millennium Copyright Act,” Latin American Law & Business Report; May 4, 2011
  • Report on Private Equity Developments and Related Legal Issues in Brazil, Colombia and Mexico, Latin American Law & Business Report; October 18, 2010
  • The Colombia Law & Business Forum (Conference Chair) – Investors conference with 80 participants and 14 presenters, Colombian American Association; October 14, 2010
  • Conference Moderator, “Uribismo – What Is It and What Does It Mean For Colombia and the Region,” New York City Bar; May 2010
  • Private Equity in Latin America, Conference Sponsored by New York City Bar Association, Speaker and Author of Dispute Resolution Chapter; May 2010
  • Report on Private Equity Developments and Related Legal Issues in Brazil, Colombia and Mexico, New York State Bar Association; May 2010
  • Report and Recommendations on Marriage Rights For Same-Sex Couples and Marriage, New York State Bar Association; May 2009
  • The Colombia Law and Business Post, which covers subjects such as FCPA, the OFAC list, foreign arbitration, legal stability contracts, and IFC investment in Colombia
  • International
  • Bar & Court Admissions
    • District of Columbia Bar
    • New York Bar
    • Virginia Bar
    • Supreme Court of the United States
    • US District Court, District of Connecticut
    • US District Court, District of Maryland
    • US District Court, Eastern District of New York
    • US District Court, Eastern District of Virginia
    • US District Court, Eastern District of Wisconsin
    • US District Court, Southern District of New York
    • US Court of Appeals, District of Columbia
    • US Court of Appeals, 4th Circuit
    • US Court of Appeals, 2nd Circuit
    • US District Court, District of Columbia
    • US District Court, Western District of Virginia
    • US Court of Appeals, District of Columbia
  • Education
    University of Virginia School of Law
    JD
    1988
    University of Virginia
    BA
    1984
    Université Catholique de l'ouest (Angers, France)
    1980