Peter J. Zarella | McCarter & English, LLP

Peter Zarella brings his experience across practice areas to develop sophisticated strategies at the trial and appellate levels. Peter’s understanding of his clients’ operations allows him to provide them with candid advice ensuring that their business objectives remain central to their litigation decisions.

Peter is experienced in a wide range of complex commercial disputes. He regularly represents clients in matters involving breaches of contract, business torts, fiduciary duty claims, business divorce and partnership disputes, and violations of the Connecticut Unfair Trade Practices Act (CUTPA). Peter also handles matters concerning professional liability, creditor rights, UCC Articles 2, 3, and 9, commercial real estate disputes, and foreclosures. He represents a diverse group of clients, including closely held businesses and professional corporations, hedge fund partners, manufacturing companies, REITs, energy companies, estate fiduciaries, and private individuals.

Peter has an active appellate practice and has argued before the Connecticut Supreme Court and state appellate courts. Drawing on his experience with complex commercial matters, he regularly represents high net worth individuals in appeals of divorce rulings involving complicated financial issues.

He is a member of the Connecticut Bar Association’s Litigation and Appellate Sections, and previously served on the Young Lawyers Section Executive Committee and the Pro Bono and Membership Committees.

Represented an individual in a successful appeal at the Connecticut Supreme Court overturning a trial court’s vacating of an award from a marriage dissolution arbitration.

Obtained a $1.28 million default award in an arbitration against a subcontractor and successfully enforced it against the surety in local courts in Puerto Rico.

In defense of a commercial foreclosure, obtained the discharge of a mortgage under Conn. Gen. Stat. § 49-13(a) without having to deny the making of the underlying note or establishing whether it had been paid.

Enforced the buyout provision in a shareholder’s agreement in an arbitration and obtained an award several multiples larger than previous offers by buyers.

Defeated a claim for over $2 million allegedly due under a joint prosecution agreement on a motion for summary disposition in a JAMS arbitration. Through careful parsing of the language of the agreement, the arbitrator determined that the agreement was valid but had not become operative given the history of the underlying litigation.

For the first time under Connecticut law, established that a fiduciary duty of loyalty owed by an LLC managing an LLC extends to its individual members of the manager LLC. This point of law allowed for successful settlement in a dispute where minority owners in a power generation project claimed that the majority owners had attempted to circumvent the minority’s “tagalong” rights for the sale of the project.

Defeated a motion for summary judgment in a UCC Article 2 case on the ground that changing supply and economic conditions had made fulfillment of a sales order impossible.

Represented the majority owner of units in a “dockominium”--a marina organized as a condominium under Connecticut’s Common Interest Ownership Act--to enforce his right to vote his shares and secured payment of his attorney’s fees for having to do so.

Successfully appealed a probate court’s reduction in conservatorship fees for an estate conservator and obtained a full remand. Winning the appeal required prevailing under the narrow “abuse of discretion” standard.

Represented Sage Steele, a television reporter, in claims against ESPN and The Walt Disney Company under Conn. Gen. Stat. § 31-51q, which prohibits workplace discipline for the exercise of constitutional rights that do not interfere with the workplace or employment relationship.

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