Scott Hershman

Partner, New York

Biography

“The best I have had the privilege to instruct. Simply superb.”
Client quotation, ILO and Lexology Client Choice Awards, 2015

Overview

He is a trial lawyer, focused on the representation of Fortune 500 and other companies in connection with the defense of regulatory, white-collar criminal and complex civil litigation matters. Scott also regularly counsels clients on high-stakes corporate litigation strategy and the handling of corporate crises. Scott also has substantial experience advising clients in connection with internal investigations, including investigations involving violations of US economic sanctions, trade embargoes, anti-dumping laws and the Foreign Corrupt Practices Act, and corporate governance and compliance reviews. He has represented financial institutions and other corporations in numerous grand jury and regulatory investigations, as well as individual subjects in a wide array of investigations, prosecutions and enforcement proceedings. As a prosecutor, Scott has tried more than 20 criminal felony cases in New York.

Bars and Courts
New York State Bar
US District Court for the Eastern District of New York
US District Court for the Southern District of New York
US Court of Appeals for the Second Circuit
US Supreme Court
Education
JD
Yeshiva University
BA
Political Science and Jewish Studies
American University
Languages
English

Experience

Cybercrime investigation
Acting for a large, multinational corporation, Scott led a cybercrime investigation across multiple jurisdictions.

American Apparel
Scott represented the Board of Directors in connection with a dispute with the former CEO.

OAO Tyumen Oil Company and TNK-BP Limited's litigation
Scott represented the OAO Tyumen Oil Company and TNK–BP Ltd. in a US$1 billion tort litigation in New York relating to their interest in oil assets in Russia.

Refco
Scott is representing the former CEO of Refco Capital Markets and Refco Securities in connection with the criminal investigation and prosecution of Refco, as well as in related proceedings arising out of the $2.5 billion Refco fraud.

Former employee of a leading commodities broker
Scott is representing a former employee of a leading commodities broker in a joint investigation brought by the US Department of Justice, the US Commodities Futures Trading Commission, and the US Securities and Exchange Commission, into an alleged US$600 million fraud involving the valuation of natural gas options positions by a major Canadian bank.

Philip Morris USA
Scott acted as trial counsel for Philip Morris USA in numerous individual smoking and health product liability litigations in jurisdictions across the country.

Publications

Participating in Civil Litigation Without Waiving the Fifth Amendment Privilege Against Self-Incrimination, American Bar Association Criminal Litigation Newsletter, Fall 2010

New York: Internet impersonation law change, e-commerce law and policy, January 2009

Awards and Recognition

Lawdragon 2023 500 Leading Litigators in America, White Collar & Investigations

Who's Who in American Law