Scott S. Balber

Partner

Practice Description

Representative Matters

Commercial and Securities Litigation

• Obtained $25 million jury verdict in 2009 after three week trial in New York Supreme Court on behalf of 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 2009 in New York Supreme Court on behalf of Jersey Island trustee and British Virgin Island receiver against trust protector and entities under his control.
• Obtained favorable settlement on behalf of a publicly-traded semiconductor company in 2009 trade secrets case after two-week trial in the United States District Court for the Southern District of New York.
• Obtained $6 million judgment and dismissal of counterclaims in 2008 on behalf of medical management company after two -week arbitration.
• Currently representing a foreign bank in connection with multiple lawsuits arising out of the MBIA Insurance restructuring and alleged breaches of CDS and financial guaranty contracts.
• Currently representing two hedge fund groups in arbitration concerning valuation of equity interest in a hedge fund management company.
• Currently representing private equity firm in connection with securities fraud lawsuit arising from equity investment in a Ukrainian beverage company.
• Currently representing former shareholders of manufacturing company in defense of fraudulent conveyance actions brought by trustee.
• Obtained favorable settlement on behalf of the Inter-American Development Bank in connection with claims asserted against private equity group arising out of failed Bolivian telecommunications company investment. 
• Obtained favorable settlement on behalf of a consortium of lenders in a $1 billion dollar letter of credit facility after prevailing on summary judgement motion in case involving subrogation claims asserted in Mirant Corporation Chapter 11 proceedings. 
• Successfully represented Chairman and Chief Executive Officer in connection with nationwide securities class action and derivative lawsuits arising out of massive financial fraud at Fortune 500 healthcare company. 
• Successfully represented 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. 
• Obtained dismissal of multiple class action lawsuits arising from the California energy crisis on behalf of publicly traded energy company. 
• Prevailed before United States Supreme Court in representation of Mexican construction conglomerate in defense of lawsuit by United States bondholders. 
• Successfully represented collateralized mortgage-backed securities salesmen in connection with class action lawsuits and proceedings initiated by the Delaware Commissioner of Insurance.
• Obtained defense verdict on behalf of a construction company and its executives after two week jury trial in gender discrimination and sexual harassment lawsuit. 
• Obtained favorable arbitration award on behalf of a joint venture partner in an arbitration regarding ownership of intellectual property rights of a financial services product directed to shared appreciation mortgages.

Securities and Exchange Commission/Department of Justice Proceedings

• Represented a mutual fund company in an SEC investigation concerning directed brokerage, 12b-1 fee, soft dollar and proprietary trading issues. 
• Represented Chief Executive Officer of Fortune 500 healthcare company in actions commenced by the Department of Justice and the SEC alleging financial fraud and insider trading. 
• Represented the Chief Actuarial Officer of a global reinsurance company in an SEC investigation concerning finite risk products. 
• Represented investment bank executive in SEC investigation involving mutual fund market timing. 
• Represented Chief Executive Officer of publicly traded home health care company in federal criminal proceedings alleging mail and wire fraud, money laundering, tax evasion and obstruction of justice. 
• Represented real estate developer in federal criminal tax proceedings. 
• Represented European executive in connection with Foreign Corrupt Practices Act investigation.

Internal Investigations

• Conducted internal investigation concerning insider trading allegations at broker-dealer. 
• Conducted internal investigation concerning employee defalcation issues at global investment broker. 
• Conducted internal investigation concerning pension plan contribution issues at international trade association.

Honors

• Mr. Balber is recognized in the 2010 edition of Benchmark: Litigation as a "litigation star" in the areas of Bankruptcy, Commercial Litigation, Intellectual Property and Securities.
• In 2008 and 2009, he was named a Benchmark: Litigation “New York Local Litigation Star.” He is cited in the 2010 edition of SuperLawyers in the specialty of securities litigation.
• In 2009, Mr. Balber secured a $14.6 million verdict, which was ranked 16th in The New York Law Journal's "Top 25 New York Verdicts in 2009."
• In 2001, Mr. Balber obtained the highest jury verdict in the history of the United States District Court for the Eastern District of Pennsylvania and was listed in the National Law Journal’s “Top 100 Verdicts of 2001.”

Publications