Elliot R. Peters

SAN FRANCISCO - Atop one of the biggest sports stories in 2022 was Elliot R. Peters, the veteran litigator and name partner at Keker, Van Nest & Peters LLP, representing the PGA Tour in its battle with Saudi Arabia's LIV Golf.

"No, I don't play myself, even though I live next to the Tilden Park Golf Course" in Berkeley, Peters said. "I've taken a few lessons, and I'm really bad."

Peters, who has been at Keker since 1991, has other clients, of course, including Nixon Peabody LLP and one of its senior partners in its defense against legal malpractice and fraud claims; a major real estate marketplace, CoStar Group Inc., in scorched-earth litigation over dominance of the online commercial real estate space; and Coachella Valley real estate developer John W. Wessman in an upcoming retrial of bribery accusations dismissed by a trial court but reversed on appeal.

But the case rattling the golf world is currently among Peters' top matters. The Saudi backers of LIV Golf sued Peters' client for allegedly using monopoly power to stifle competition and unfairly suspend players. The original caption, Mickelson et al. v. PGA Tour Inc., has been revised to reflect the exit of some plaintiffs and the addition of the league. Jones et al. v. PGA Tour Inc., 5:22-cv-04486 (N.D. Cal., filed March 8, 2022).

In September, Peters and co-counsel at Skadden, Arps, Slate, Meagher & Flom and Affiliates LLP filed a countersuit accusing the rival league of inducing top players to breach their contracts by falsely telling them they could play both tournaments as a way of exploiting the PGA's popularity.

Peters thinks he's found a vulnerability in LIV Golf's defenses -- the Saudi government's reluctance to have its sovereign wealth fund officially termed its Public Investment Fund, exposed to subpoenas and discovery.

"The other side told the court they wanted an early trial date, then objected to our subpoenas when we sought to depose the Saudis," Peters said. "They claim that as a sovereign, no court has jurisdiction over them. But you waived that claim when you sued and besides, you're not immune from the laws governing commercial activities."

In early January, Peters and colleagues asked the court to compel the Saudis to cooperate with discovery requests. He pointed to a new move by his opponents that demonstrates reluctance, he said, to disclose facts about itself. "Now, a new firm, White & Case, has been retained to represent the Saudi wealth fund. I'm not sure the fund wants to produce documents to us." He noted that the other side already is represented by Quinn Emanuel Urquhart & Sullivan, LLP and by Gibson, Dunn & Crutcher LLP. "If you have them, why do you need another firm?"

Meanwhile, Peters is preparing to again defend Coachella Valley real estate developer John E. Wessman, accused in a redevelopment bribery scheme in Palm Springs. In 2020, Peters convinced the court to dismiss the 10-count indictment against Wessman, only to have the dismissal reversed on appeal. A new trial is a few months away. People v. Pougnet, Meaney & Wessman, RIF1700618 (Riverside Co. Super. Ct., filed Feb. 14, 2017).

"We're looking forward to getting a jury win in that case," Peters said, "though I'd prefer to have already won it."

Peters added that he's still enjoying himself. "I'm loving the work. It's fun, it's challenging, it keeps me on my toes and they pay me. What's not to like?"