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Scott S. Balber

Partner

New York

Scott is the US head of investigations and financial services litigation for Herbert Smith Freehills.

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Experience

Scott's practice focuses on internal investigations, securities and financial services litigation, white collar criminal defense, and bankruptcy. He is an experienced trial lawyer, having first-chaired more than thirty jury and bench trials.  Scott has appeared in the United States Supreme Court and in state and federal trial and appellate courts throughout the United States.  

His recent experience includes:

  

White Collar Defense and Investigations

  • Representing Russian uranium company in connection with US Department of Justice investigation involving Foreign Corrupt Practices Act issues
  • Conducting internal investigation of global manufacturing company arising out of fraudulent sales practices and alleged money laundering in the United States, Europe and Asia
  • Conducting internal investigation of insider trading issues at global investment bank
  • Representing a mutual fund investment advisor in an SEC investigation concerning directed brokerage, 12b-1 fee, soft dollar and proprietary trading issues
  • Representing Chief Executive Officer of Fortune 500 healthcare company in defense of actions commenced by the US Department of Justice and Securities and Exchange Commission alleging financial fraud, insider trading, money laundering and obstruction of justice.

Financial Services and Securities Litigation

  • Obtained $25 million jury verdict after three week trial in New York Supreme Court on behalf of a Swiss bank alleging that it was sold fraudulent promissory notes issued by a Parmalat subsidiary and sold by a large Italian bank
  • Obtained $37 million judgment in New York Supreme Court on behalf of Jersey Island trustee and British Virgin Island receiver against trust protector and entities under his control
  • Representation of a global financial institution in connection with multiple litigations involving credit default swap transactions worth approximately $4.25 billion against MBIA Insurance Corporation and certain of its affiliates
  • Representation of a global investment bank in securities fraud and breach of contract actions commenced by 65 institutions and high net worth individuals who allegedly sustained $600 million in losses in market neutral hedge fund investments
  • Representation of Swiss-based private equity firm in connection with claims arising after sale of a portfolio company.

Background

Scott obtained his J.D. in 1994 from Duke University School of Law, with honors, where he served on the Moot Court Board. He earned his B.A. in 1991, magna cum laude, from Princeton University.

He is recognized in Benchmark: Litigation as a "New York: Local Litigation Star" in the areas of Bankruptcy, Commercial Litigation, Intellectual Property, Plaintiffs' and Securities Litigation; and from 2009 to present he has been named to the Super Lawyers list. In addition, he secured a $25 million jury verdict after a three week trial in New York Supreme Court which ranked 16th in The New York Law Journal's "Top 25 Verdicts of 2009".

Scott is fluent in Spanish.