Pro Bono Work

Scott has always been involved in pro bono publico legal work (Latin meaning “for the public good”). For example, over the years, he represented a father on appeal in a custody dispute that raised constitutional due process issues; handled a federal court hearing to assess damages for a defendant’s antisemitic actions; participated in the “Wills for Heroes” program to provide free estate planning services for first responders, veterans, and other deserving groups; and joined in the Obama Administration Clemency Initiative to assist qualified federal inmates to petition to have their sentences commuted or reduced by the President.

Pro bono work is now a focus for Scott in semi-retirement. He has become a volunteer litigator with several public interest organizations, including ones supporting rule-of-law initiatives and representations, as well as seeking to block undemocratc actions of the current Admininistration. He looks forward to assisting as pro bono counsel for clients, organizations, and causes in need.

Representative Past Matters

Complex Contract Disputes

  • Represented a major international real estate conglomerate in two related lawsuits involving multimillion-dollar financing transactions that did not close, involving two trials 

  • Represented a co-op owner suing the co-op board for retaliatory actions related to her proposed sale of a unit in the building, prevailing at trial and overcoming the board’s business judgment rule defense, resulting in a substantial judgment with a large attorney’s fee award 

  • Represented two corporations that are part of an international college system in a contract dispute, prevailing at trial 

  • Represented a major insurance company in a substantial coverage dispute in the Southern District of New York and the Second Circuit 

  • Represented a major financier/investor in a dispute over contractual obligations involving a limited liability corporation 

  • Represented computer-technology entrepreneurs in their action against a well-known public company in the computer industry for breach of contract involving the sale of their business and technology, resulting in a substantial judgment following trial 

  • Represented a major telecommunications company in an action against it alleging breach of a services agreement, achieving dismissal in the lower court and an affirmance on appeal

Securities

  • Defended officers and directors of public companies in securities fraud cases alleging financial disclosure misrepresentations, including representation of the former CEO of a major telecommunications company in numerous class actions and derivative cases in federal and state courts around the country, as well as in government enforcement proceedings 

  • Defended a large law firm sued for securities law violations in connection with its role in a securities offering 

  • Represented a group of investors in recovering damages against a major brokerage firm for securities fraud related to the handling of the investors’ accounts 

  • Represented a limited partnership investor in an action for investment fraud and mismanagement, obtaining a preliminary injunction and ultimately a substantial judgment 

  • Defended a senior corporate officer in a government enforcement action asserting that he received improper compensation through an unlawful scheme involving lucrative initial public offerings 

Investment/Finance/Corporate Governance 

  • Defended a prominent public figure in an investment mismanagement case involving RICO, breach of fiduciary duty, and other claims 

  • Represented a former high-ranking government official sued for fraud and related claims arising from an investment dispute over a joint venture franchise business 

  • Represented the managing partners of limited partnerships sued in connection with investment in the partnerships 

  • Represented the former CEO of a major public company in derivative lawsuits asserting claims relating to backdating of company stock options 

  • Defended the founder/former CEO of a major public company sued in connection with the acquisition of a business

  • Advised management of a major public company in the steel industry in connection with corporate governance matters and internal allegations of improprieties 

  • Represented an accountant sued in multiple cases involving alleged Madoff-related investment fraud, winning dismissal of the cases in the trial court and an affirmance on appeal 

  • Represented executives of an investment fund in connection with breach of fiduciary duty claims against them as directors of a portfolio company of the fund 

Business Torts/Fraud 

  • Represented an inventor and his company in an action asserting theft of their trade secrets, with related patent issues 

  • Defended an individual in a complex international dispute involving claims of wrongdoing related to the handling of a substantial estate located abroad 

  • Defended a lawyer in an action alleging fraud and related claims in connection with real estate transactions 

  • Represented a former senior corporate officer sued in derivative cases asserting fraudulent insurance transactions 

  • Represented a private equity firm investment manager in connection with claims against him for unfair competition and a violation of a restrictive covenant in an employment agreement 

Real Estate 

  • Represented, in similar but unrelated cases, the purchasers of luxury co-op apartments who asserted that they were induced to buy based on misrepresentations of significant features of the apartments 

  • Represented brokers seeking payment of a million-dollar-plus commission for their services in facilitating the sale of a major commercial development property 

  • Represented, in similar but unrelated cases, property owners seeking to recover damages 

Other Unique & Noteworthy Matters

  • Handled an investigation of a major law firm involving conflict of interest claims in a bankruptcy context, culminating in a detailed report submitted to a bankruptcy court 

  • Represented the medical staff of a New York City hospital in opposing a plan to sell and close the hospital, successfully preventing the sale and closure following trial 

  • Conducted an investigation, ordered by a federal court, concerning the proposed settlement of Holocaust class action litigation against German banks, resulting in a comprehensive report submitted to the court 

  • Handled a physician licensure matter before a hospital regulatory body 

  • Handled a widely publicized cooperative housing dispute in New York State court 

  • Represented a major maritime shipping company in connection with a claim that the company had violated a court order and for related matters