Scott’s practice concentrates on complex commercial litigation.  He has represented business owners, partnerships, financial institutions, hedge funds, governmental entities, insurers, manufacturers, shareholders, and corporate board members and executives in numerous securities, shareholder, antitrust, breach of contract, employment, and civil RICO litigations in federal and state courts across the country.  Scott has also represented individuals in connection with high-stakes trust and estates, and intellectual property disputes.

In addition, Scott has substantial experience representing financial and other institutions, as well as individuals, in connection with investigations conducted by the Department of Justice, the Securities and Exchange Commission, the United States Senate, and state attorneys general, among others.

Scott regularly appears before state and federal courts, and in arbitration.  Prior to joining Wilk Auslander, Scott spent a substantial part of his career at Cahill Gordon & Reindel LLP, where he was an associate in the firm’s litigation practice. 

Antitrust

  • Representation of leading insurer and financial services institution in antitrust class action lawsuit asserting claims of price-fixing for municipal derivatives.  Obtained dismissal of all claims against client. 
  • Representation of leading IPO underwriter in putative class action alleging antitrust violations concerning fees charged by over 20 underwriting banks in connection with initial public offerings.

Contract

  • Representation of leading renewable energy company against breach contract claims asserting in excess of $90 million in damages for alleged breach of fuel purchase contract.  Obtained dismissal of all claims.
  • Representation of leading paper manufacturer against breach of contract claims arising from newsprint purchase contracts and in dozens of contractual negotiations.
  • Won $19 million verdict in six-week AAA arbitration on behalf of one of the nation’s leading credit card issuers in dispute over co-branding credit card contract with leading fitness club chains.

Employment

  • Defense of broker-dealer against breach of contract claims by former managing director, and prosecuted counterclaims against managing director for breach of restrictive covenants, non-compete and non-solicitation agreements.  Obtained dismissal of all claims asserted against client, affirmed by the First Department, and successfully settled all of the client’s counterclaims.

Foreign Corrupt Practices Act

  • Conducted FCPA investigation on behalf of leading energy company in Latin America.

Civil RICO

  • Defense of leading accounting firm against civil RICO and Computer Fraud and Abuse Act claims.  Obtained dismissal of all such claims brought against the firm.

Intellectual Property

  • Representation of celebrity artist and photographer in intellectual property dispute, in which the client asserted Lanham Act and unfair competition claims against one of the world’s leading fashion and luggage companies. 

Judgment Enforcement

  • Representation of one of Latin America’s leading restaurant franchisees in federal action seeking to enforce a judgment in excess of $24 million.
  • Representation of business owner holding unpaid judgment in turnover proceeding brought pursuant to New York’s fraudulent conveyance statutes.  Identified and located judgment-debtor’s assets, and successfully prepared and argued summary judgment motion, resulting in a turn-over order for the full amount of judgment. 

Securities

  • Representation of one of the nation’s leading providers of consumer loans and credit cards, and several of its former officers and directors, in one of the nation’s largest federal securities class action trials to date, and one of only a handful to be tried since the enactment of the PSLRA.
  • Representation of one of the world’s leading banks in multi-billion dollar class action litigation filed as an adversary proceeding in connection with the Lehman Brothers bankruptcy regarding the bank’s alleged role as trustee of certain bonds sold to investors by various Lehman Brothers entities.

Trusts and Estates

  • Representation of a group of petitioners in New York Surrogate’s Court asserting inheritance rights in a building located in New York’s Greenwich Village, and seeking to block sale of building by third party.  Successfully obtained injunction prohibiting building sale.

Regulatory Investigations

  • Representation of one of the world’s leading banks in non-public investigations and proceedings involving the DOJ, OFAC, PSI, and various state Attorneys General.
  • Representation of one of the world’s leading pharmaceutical and biotechnology companies in non-public SEC investigation.

Sarbanes-Oxley

  • Representation of leading bio-technology company in connection with Sarbanes-Oxley “whistleblower” claims brought against the company by a terminated employee. 

Shareholder

  • Defense of former directors of government-sponsored enterprise in two shareholder derivative class action lawsuits alleging breach of fiduciary duties.  Obtained dismissal of all claims in both actions.
  • Representation of a shareholder group in connection with breach of fiduciary duty claims asserted against former officers and directors of leading furniture retail company.

Overview

Scott’s practice concentrates on complex commercial litigation.  He has represented business owners, partnerships, financial institutions, hedge funds, governmental entities, insurers, manufacturers, shareholders, and corporate board members and executives in numerous securities, shareholder, antitrust, breach of contract, employment, and civil RICO litigations in federal and state courts across the country.  Scott has also represented individuals in connection with high-stakes trust and estates, and intellectual property disputes.

In addition, Scott has substantial experience representing financial and other institutions, as well as individuals, in connection with investigations conducted by the Department of Justice, the Securities and Exchange Commission, the United States Senate, and state attorneys general, among others.

Scott regularly appears before state and federal courts, and in arbitration.  Prior to joining Wilk Auslander, Scott spent a substantial part of his career at Cahill Gordon & Reindel LLP, where he was an associate in the firm’s litigation practice. 

Representative Matters

Antitrust

  • Representation of leading insurer and financial services institution in antitrust class action lawsuit asserting claims of price-fixing for municipal derivatives.  Obtained dismissal of all claims against client. 
  • Representation of leading IPO underwriter in putative class action alleging antitrust violations concerning fees charged by over 20 underwriting banks in connection with initial public offerings.

Contract

  • Representation of leading renewable energy company against breach contract claims asserting in excess of $90 million in damages for alleged breach of fuel purchase contract.  Obtained dismissal of all claims.
  • Representation of leading paper manufacturer against breach of contract claims arising from newsprint purchase contracts and in dozens of contractual negotiations.
  • Won $19 million verdict in six-week AAA arbitration on behalf of one of the nation’s leading credit card issuers in dispute over co-branding credit card contract with leading fitness club chains.

Employment

  • Defense of broker-dealer against breach of contract claims by former managing director, and prosecuted counterclaims against managing director for breach of restrictive covenants, non-compete and non-solicitation agreements.  Obtained dismissal of all claims asserted against client, affirmed by the First Department, and successfully settled all of the client’s counterclaims.

Foreign Corrupt Practices Act

  • Conducted FCPA investigation on behalf of leading energy company in Latin America.

Civil RICO

  • Defense of leading accounting firm against civil RICO and Computer Fraud and Abuse Act claims.  Obtained dismissal of all such claims brought against the firm.

Intellectual Property

  • Representation of celebrity artist and photographer in intellectual property dispute, in which the client asserted Lanham Act and unfair competition claims against one of the world’s leading fashion and luggage companies. 

Judgment Enforcement

  • Representation of one of Latin America’s leading restaurant franchisees in federal action seeking to enforce a judgment in excess of $24 million.
  • Representation of business owner holding unpaid judgment in turnover proceeding brought pursuant to New York’s fraudulent conveyance statutes.  Identified and located judgment-debtor’s assets, and successfully prepared and argued summary judgment motion, resulting in a turn-over order for the full amount of judgment. 

Securities

  • Representation of one of the nation’s leading providers of consumer loans and credit cards, and several of its former officers and directors, in one of the nation’s largest federal securities class action trials to date, and one of only a handful to be tried since the enactment of the PSLRA.
  • Representation of one of the world’s leading banks in multi-billion dollar class action litigation filed as an adversary proceeding in connection with the Lehman Brothers bankruptcy regarding the bank’s alleged role as trustee of certain bonds sold to investors by various Lehman Brothers entities.

Trusts and Estates

  • Representation of a group of petitioners in New York Surrogate’s Court asserting inheritance rights in a building located in New York’s Greenwich Village, and seeking to block sale of building by third party.  Successfully obtained injunction prohibiting building sale.

Regulatory Investigations

  • Representation of one of the world’s leading banks in non-public investigations and proceedings involving the DOJ, OFAC, PSI, and various state Attorneys General.
  • Representation of one of the world’s leading pharmaceutical and biotechnology companies in non-public SEC investigation.

Sarbanes-Oxley

  • Representation of leading bio-technology company in connection with Sarbanes-Oxley “whistleblower” claims brought against the company by a terminated employee. 

Shareholder

  • Defense of former directors of government-sponsored enterprise in two shareholder derivative class action lawsuits alleging breach of fiduciary duties.  Obtained dismissal of all claims in both actions.
  • Representation of a shareholder group in connection with breach of fiduciary duty claims asserted against former officers and directors of leading furniture retail company.