Peter Larkin provides legal counsel and representation to businesses of all sizes, with a particular focus on accountants and accounting firms. He is co-chair of Wilson Elser’s national Accountants Practice. In addition to professional malpractice defense and commercial disputes, Peter’s practice encompasses class actions, federal and state regulatory investigations and proceedings, risk management, ethics proceedings, and transactional matters. He also represents businesses and banking institutions in a wide array of commercial disputes, including matters under the federal and state securities laws, antitrust laws, tax laws and other areas.

Given his strong knowledge of the accounting profession, as well as audit, tax and accounting principles and familiarity with the SEC, PCAOB, DOL, AICPA and various state boards of accountancy, Peter is called upon regularly by accountants facing regulatory inquiries, investigations and other proceedings. Peter also is involved in such diverse areas as securities, antitrust, tax and banking laws, RICO, ERISA, accounting standards, fraud investigations, employment disputes, post-employment restrictive covenants, purchases and sales of professional practices, partnership disputes and separations, and risk management and best practices for accounting and financial professionals. Peter’s effectiveness in these matters is built on his ability to not only translate the law for his clients but also fluently communicate the principles of economics, finance and accounting to judges, juries and opposing counsel.

Prior to joining Wilson Elser, Peter was a court attorney and senior court attorney with the New York Appellate Division, Second Department. He earned his undergraduate degree in accounting.

Areas of Focus

Accountants
Peter has represented accounting firms of all sizes in hundreds of lawsuits, including numerous class actions, involving the full range of professional services that accountants provide to their clients. Allegations in these cases have ranged from the failure to detect criminal or fraudulent activity to faulty tax structuring in a major transaction, and from negligence associated with the implementation of a billing system to negligence in tax preparation, estate planning or business valuation. Peter has taken several accounting malpractice cases to trial.

In addition to representing accountants in litigation, Peter assists in the purchase or sale of a practice, partnership disputes and separations, and regulatory, licensing and ethics proceedings; drafts manuals and policies; provides continuing education and risk management presentations; and handles general commercial matters such as real estate and financing transactions, leases and licensing. Peter also has handled regulatory matters, professional licensing and ethics proceedings matters – from initial inquiry through resolution before the SEC, PCAOB, AICPA, IRS, and various state licensing boards and societies.

Commercial Litigation
Peter has represented numerous businesses and banking institutions in a wide array of disputes. Commercial disputes have included matters involving federal and state securities laws, antitrust laws, tax laws, RICO, ERISA and other statutory provisions, breach of contract and fraud, criminal and regulatory review, tax disputes, workers compensation issues, and post-employment disputes. Banking matters have included investigation and removal of officers, bad check cases, customer complaints and TILA matters. Peter also has helped the victims of financial crimes to investigate, evaluate and seek recovery of their losses through direct action against the perpetrator and insurance claims.

    Education

    • Albany Law School (J.D., cum laude, 1993)
    • Fordham University (B.S., 1989)

    Bar Admissions

    • New York

    Court Admissions

    • Supreme Court of the United States
    • U.S. Court of Appeals, Second Circuit
    • U.S. District Court, Southern District of New York
    • U.S. District Court, Eastern District of New York
    • U.S. District Court, Northern District of New York

    Professional Affiliations

    • American Bar Association
    • New York State Bar Association, Commercial and Federal Litigation Section
    • Federal Bar Council

    Awards & Honors

    • Named to Hudson Valley Magazine’s Top Lawyers, 2023

Peter J. Larkin

Peter Larkin provides legal counsel and representation to businesses of all sizes, with a particular focus on accountants and accounting firms. He is co-chair of Wilson Elser’s national Accountants Practice. In addition to professional malpractice defense and commercial disputes, Peter’s practice encompasses class actions, federal and state regulatory investigations and proceedings, risk management, ethics proceedings, and transactional matters. He also represents businesses and banking institutions in a wide array of commercial disputes, including matters under the federal and state securities laws, antitrust laws, tax laws and other areas.

Given his strong knowledge of the accounting profession, as well as audit, tax and accounting principles and familiarity with the SEC, PCAOB, DOL, AICPA and various state boards of accountancy, Peter is called upon regularly by accountants facing regulatory inquiries, investigations and other proceedings. Peter also is involved in such diverse areas as securities, antitrust, tax and banking laws, RICO, ERISA, accounting standards, fraud investigations, employment disputes, post-employment restrictive covenants, purchases and sales of professional practices, partnership disputes and separations, and risk management and best practices for accounting and financial professionals. Peter’s effectiveness in these matters is built on his ability to not only translate the law for his clients but also fluently communicate the principles of economics, finance and accounting to judges, juries and opposing counsel.

Prior to joining Wilson Elser, Peter was a court attorney and senior court attorney with the New York Appellate Division, Second Department. He earned his undergraduate degree in accounting.

Events

Peter Larkin provides legal counsel and representation to businesses of all sizes, with a particular focus on accountants and accounting firms. He is co-chair of Wilson Elser’s national Accountants Practice. In addition to professional malpractice defense and commercial disputes, Peter’s practice encompasses class actions, federal and state regulatory investigations and proceedings, risk management, ethics proceedings, and transactional matters. He also represents businesses and banking institutions in a wide array of commercial disputes, including matters under the federal and state securities laws, antitrust laws, tax laws and other areas.

Given his strong knowledge of the accounting profession, as well as audit, tax and accounting principles and familiarity with the SEC, PCAOB, DOL, AICPA and various state boards of accountancy, Peter is called upon regularly by accountants facing regulatory inquiries, investigations and other proceedings. Peter also is involved in such diverse areas as securities, antitrust, tax and banking laws, RICO, ERISA, accounting standards, fraud investigations, employment disputes, post-employment restrictive covenants, purchases and sales of professional practices, partnership disputes and separations, and risk management and best practices for accounting and financial professionals. Peter’s effectiveness in these matters is built on his ability to not only translate the law for his clients but also fluently communicate the principles of economics, finance and accounting to judges, juries and opposing counsel.

Prior to joining Wilson Elser, Peter was a court attorney and senior court attorney with the New York Appellate Division, Second Department. He earned his undergraduate degree in accounting.

Peter J. Larkin

Benford & Larkin Obtain Summary Judgment on $3.2 Million Accounting Malpractice Claim

John Benford (Partner-Orlando, FL) and Peter Larkin (Partner-White Plains, NY) obtained summary judgment in an accounting malpractice case pending in state court in Orlando, Florida, where the plaintiff was seeking $3.2 million in damages (including prejudgment interest). The case involved two accounting firms (including a national firm) and one of their CPAs in an accounting malpractice lawsuit brought by a Florida-based petroleum company. The plaintiff alleged that the CPA had colluded with its former CEO to increase the CEO’s bonus by using a formula that deviated from the formula contained in the CEO’s employment agreement, and which the plaintiff’s board of directors never approved. The plaintiff claimed that the CPA’s use of the alternate formula caused the CEO to be overpaid a total of approximately $1.2 million in unauthorized bonus compensation. The company also claimed approximately $2 million in prejudgment interest relating to the alleged overpayments. Through targeted deposition testimony, John and Peter demonstrated that several members of the plaintiff’s management were aware of the CPA’s use of the alternate bonus formula and, therefore, the plaintiff petroleum company had institutional knowledge that the CPA was using the different formula. 

John Y. Benford and Peter J. Larkin

Gavel with calculator and spreadsheet

Larkin and Gelozin Successfully Represent Accounting Firm in Informal PCAOB Inquiry

White Plains, New York, partners Peter Larkin and Rebecca Gelozin represented an accounting firm client regarding an informal inquiry from the Public Company Accounting Oversight Board's Division of Enforcement and Investigations. After providing extensive documents and information, our client was notified by the PCAOB that it has completed its informal inquiry and does not intend to recommend any enforcement action. PCAOB enforcement actions have increased in frequency and intensity in recent years, leading to many jaw-dropping fines being levied by the PCAOB, particularly when there are questions of compliance with the quality control standards. We avoided not only any mention of a fine by the PCAOB enforcement attorneys but also escalation from an informal to a formal investigation, not only keeping the firm out of harm’s way but also truncating what is often a very difficult process to navigate. 

Peter J. Larkin and Rebecca R. Gelozin

Dismissal of Data Breach Class Action on Behalf of Radiology Facility and Archival Imaging System

Geoffrey A. Belzer (Partner-Chicago), Anjali C. Das (Partner-Chicago), Peter J. Larkin (Partner-White Plains) and Jennifer S. Stegmaier (Of Counsel-Chicago) obtained a data breach class action dismissal in the U.S. District Court for the Southern District of New York on behalf of a radiology facility and archival imaging system that contained protected health information. About a year and a half after receiving notice of a breach, two patients filed a complaint against the firm’s client and its IT service provider for failing to implement adequate cybersecurity measures, alleging multiple unauthorized individuals had accessed their information. Geoffrey, Anjali, Peter and Jennifer prevailed on their motion to dismiss when the court held that allegations of increased risk of future harm alone is not a cognizable injury. The court also rejected each of the plaintiffs' additional theories of injury based on time and money spent on theft and fraud monitoring, “benefit of the bargain” injury, intrusion upon seclusion and statutory violations. Plaintiff’s counsel initially filed a purported class action designating another individual who was ultimately determined to never have been a patient of the radiology practice. Plaintiff’s counsel dismissed that action after the team moved for dismissal, and counsel then instituted the parallel suit involving these two plaintiffs and the motion to dismiss follows.

Geoffrey Belzer, Anjali C. Das, Peter J. Larkin and Jennifer S. Stegmaier

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