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Scott M. Berman

New York
7 Times Square
New York, NY 10036-6516
Tel: 212.833.1120
Fax: 212.373.7920

Scott Berman has a varied practice in complex commercial disputes, particularly in securities, hedge fund, fraud, and bankruptcy litigation. Amongst others, he represents and advises large institutional investors, funds of funds, investment advisors, officers and directors and wealthy individuals in high-profile matters involving hedge funds and their auditors, administrators, prime brokers, and other professionals, and has procured significant settlements. He also regularly handles matters involving fraudulent conveyance, breach of fiduciary duty, and other claims arising out of bankruptcies and receiverships.

Mr. Berman represents both plaintiffs and defendants in state and federal courts, including at trial and arbitration. He also acts as an arbitrator in cases involving financial disputes and has twenty years of experience serving as a mediator.

Representative Matters

        • Representation of the Official Stanford Investors Committee in connection with litigation against five banks alleging fraudulent conveyance, aiding and abetting fraud, and other claims related to the demise of the Stanford entities.
        • Representation of institutional investors that lost millions of dollars in Madoff feeder funds in litigation against the funds’ manager, parent, and auditor.
        • Representation of a director and outside counsel for an offshore fund of funds that had invested in Madoff feeder funds in connection with clawback litigation brought by the Madoff liquidation trustee.
        • Representation of two former directors of a Cayman holding company established to hold the equity of a worldwide logistics company in defense of a breach of fiduciary duty and other claims brought under Cayman law by the bankruptcy trustee for the logistics company.
        • Representation of majority bondholders and indenture trustee as plaintiffs in Delaware Court of Chancery against a corporate issuer over the right of convertible noteholders to “put” over $60 million in notes to the company for par value in light of a corporate sale of assets comprising a fundamental change by the issuer.
        • Representation of a hedge fund in defense of claims asserted in New York Supreme Court by four of its investors seeking the fund’s liquidation as well as damages in connection with purported breaches of fiduciary duty.
        • Representation of the founders and management of an auto loan company in litigation with a hedge fund in New York, Delaware, and Puerto Rico regarding the interpretation of contracts underlying the business relationship between the parties.
        • Representation of the liquidators of Carlyle Capital Corporation Limited, a failed residential mortgage-backed securities fund, in connection with litigation against the manager and directors of the fund in the United States and Guernsey, together with other counsel.
        • Representation of a major bank as one of the defendants in an interpleader action with hundreds of millions of dollars at stake brought by the trustee of a student loan indenture concerning the way in which payments should be made under the waterfall of the indenture.
        • Representation of the principal of a failed hedge fund in bankruptcy proceedings.
        • Representation of large groups of institutional investors in Lancer Offshore, Inc. and The Omnifund, Ltd., as well as in feeder funds of Beacon Hill Master Fund and the joint official liquidators for the Beacon Hill Master Fund, following the funds’ demise, in litigation against the funds’ third-party service providers.
        • Representation of investors in the Granite Funds against three major banks in a case arising out of the misvaluation of collateralized mortgage obligations.
        • Defense of a public company and its president in a class action and SEC investigation.

Outside the Office

Mr. Berman has been involved as a board member of the New York County Lawyers Association for over twenty years and is the former chair of its Committee on Federal Courts. He is also a former board member of the Chappaqua School Foundation in Westchester County, New York.

Fast Facts


New York University School of Law, J.D. (1982)

Emory University, B.A. (1979)

Bar Admissions

State of New York

U.S. District Courts for the Southern and Eastern Districts of New York and for the District of Columbia

U.S. Courts of Appeals for the Second and Third Circuits

Honors and Awards

New York Super Lawyers List, 2006-present

David Y. Hinshaw Award, 2011

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