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Litigation Department

7 Times Square
New York, NY 10036-6516
Tel: (212) 833-1120
Fax: (212) 373-7920

Scott M. Berman

Scott M. Berman has a varied practice in complex securities, fraud, and commercial litigation. He represents large institutional investors, funds of funds, investment advisors, and wealthy individuals in litigation involving hedge funds and their auditors, administrators, prime brokers, and other professionals. In federal and state court proceedings and in arbitrations in jurisdictions across the country, he has represented:

  • Hedge fund investors in securities cases including Lancer, Stanford, Madoff, and Beacon Hill
  • Hedge fund investors in bankruptcy and receivership proceedings such as Bayou and Wood River
  • Receivers and liquidators of hedge funds including Carlyle Capital Corporation Limited (In Liquidation) and Beacon Hill
  • Institutional investors that opt out of class actions
  • Hedge funds
  • Large companies
  • Officers and directors
  • High net worth individuals

He has also litigated numerous bankruptcy matters on behalf of creditors, equity holders, and debtors. In addition to representing clients in litigation, Mr. Berman also provides strategic counsel.

Representative Matters:

Hedge Fund Litigation:

  • Representing investors that lost millions of dollars in Madoff feeder funds in litigation against the funds' manager, parent, and auditor; the liquidators of the failed Carlyle Capital Corporation hedge fund in litigation against various Carlyle entities; and purchasers of CDs in Stanford International Bank Ltd. in litigation against its correspondent banks
  • Obtaining favorable settlements on behalf of investors who lost millions of dollars in the Granite, Manhattan, Beacon Hill, and Lancer hedge funds

Commercial Litigation:

  • Representing a large financial institution in litigation concerning waterfall payments under an indenture agreement
  • Representing a large financial institution in resolving RMBS-related claims
  • Defending against guaranty claims asserted by the Federal Reserve Bank of New York
  • Representing hedge fund managers in commercial disputes
  • Defending a public company and its president in a class action and SEC investigation
  • Representing partners in partnership disputes
  • Commencing arbitrations against broker-dealers on behalf of former high-level employees

Bankruptcy Litigation:

  • Representing directors of an offshore portfolio company of a private equity firm in the portfolio company's U.S. bankruptcy
  • Commencing and defending against clawback and other fraudulent conveyance actions

Speaking Engagements:

  • "Investing in U.S. Managed Hedge Funds: Business and Legal Considerations," Hedge Funds: Opportunities and Risk Panel Presentation, Tel Aviv, Israel, March 27, 2014
  • "Investing in U.S. Managed Hedge Funds: Legal Considerations," Milan, Italy, September 24, 2013
  • "Overview of Hedge Fund Litigation," Friedman Kaplan CLE Course, New York, NY, June 11, 2013
  • "Avoiding Litigation in a Post-Madoff World," Hedge Fund Accounting, Auditing and Administration Conference
  • "Meeting Investor Demands While Protecting Strategies," Hedge Fund Risk Management Conference
  • "Hedge Fund Due Diligence for Private Investors," Annual Wealth Management Forum
  • "Avoiding the Perils of Operational Oversight: What Can Be Learned from the Latest Fund Failures and Lawsuits" Annual Meeting of the Hedge Fund Business Operations Association

Mr. Berman graduated from Emory University in 1979 and received his law degree from New York University School of Law in 1982. Prior to joining Friedman Kaplan, he was a partner at Brown Rudnick Berlack Israels LLP in New York. He is also admitted in the District of Columbia. Mr. Berman has been included on the New York Super Lawyers list from 2006 through 2014.

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