Scott S. Balber is a partner in Cooley's Litigation Department and Head of the Financial Services Litigation group. He joined Cooley in 2012 and is resident in the New York office.
Mr. Balber's practice focuses on securities, general commercial, white collar criminal defense, internal investigations, bankruptcy, and intellectual property litigation. He is an experienced trial lawyer, having first-chaired more than two dozen trials before juries, judges and arbitration panels. Mr. Balber has appeared in the United States Supreme Court and in state and federal trial and appellate courts throughout the country.
Commercial and Securities Litigation
- Currently representing an international bank and a portfolio management company in defense of adversary proceedings commenced by the liquidators of Fairfield Sentry Limited, a Madoff feeder fund, seeking to clawback redemption payments made by Fairfield.
- Currently representing Swiss-based private equity firm in connection with claims arising after sale of a portfolio company.
- Currently representing AmLaw 100 firm in defense of malpractice action arising from Refco bankruptcy.
- 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 $25 million jury verdict 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. The case ranked in The New York Law Journal's "Top 25 New York Verdicts" of the year.
- 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 with favorable results.
- Prevailed before United States Supreme Court in representation of Mexican construction conglomerate in defense of lawsuit by United States bondholders.
- 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.
- Represented a foreign bank in connection with multiple litigations involving credit default swap transactions worth approximately $4.25 billion against MBIA Insurance Corporation and certain of its affiliates.
- 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.
- Obtained favorable settlement on behalf of a publicly traded semiconductor company in 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 on behalf of medical management company after two-week arbitration.
- Represented two hedge fund groups in an arbitration arising out of the wrongful undervaluing of our clients' interests in an investment entity.
- 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 judgment motion in case involving subrogation claims asserted in Mirant Corporation Chapter 11 proceedings.
- Obtained dismissal of multiple class action lawsuits arising from the California energy crisis on behalf of publicly traded energy company.
- 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.
White Collar Defense and 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.
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.
Intellectual Property Litigation
- Obtained $10.1 million jury verdict in patent infringement case involving programmable logic controller technology on behalf of Fortune 500 industrial automation and information company.
- Obtained favorable settlement after two week bench trial in trade secret misappropriation case involving power over Ethernet chip on behalf of publicly-traded semi-conductor company.
- Obtained favorable settlement in defense of copyright infringement case commenced against privately held developer of syndicated loan software.
Mr. Balber 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 verdict which ranked 16th in The New York Law Journal's "Top 25 Verdicts of 2009".
Prior to joining Cooley LLP, Mr. Balber was co-head of the Commercial Litigation practice for Chadbourne & Parke LLP.
Mr. Balber obtained his J.D. in 1994 from Duke University School of Law, with honors, where he served on the Moot Court Board. He earned is B.A. in 1991, magna cum laude, from Princeton University.
Mr. Balber is admitted to practice in the states of New York and New Jersey.
- "New York Federal Courts Split on Mortgage-Backed Securities Class Action Certifications," Financial Services Litigation NewsWire, September 2011
- "Risk Disclosure Statements Save Barclays from Securities Fraud Suit," Financial Fraud Law Report, July 2011
- "Risk Disclosure Statements Save Barclays from Securities Fraud Suit," Financial Services Litigation NewsWire, April 2011
- "FINRA and NASD Entitled to Absolute Immunity," Financial Services Litigation Newswire, May 2010
- "City's Suit Against Subprime Lender for Widespread Foreclosures Dismissed," Financial Services Litigation NewsWire, February 2010
- "Recent Pro-Defendant Trends in Securities Class Action Litigation," law.com, May 16, 2008
- Duke University School of Law
JD, with honors, 1994, Moot Court Board
- Princeton University
BA, magna cum laude, 1991
- Supreme Court of the United States
- U.S. Court of Appeals, Eleventh Circuit
- U.S. Court of Appeals, Ninth Circuit
- U.S. Court of Appeals, Second Circuit
- U.S. Court of Appeals, Third Circuit
- U.S. District Court, District of New Jersey
- U.S. District Court, Eastern District of Michigan
- U.S. District Court, Eastern District of New York
- U.S. District Court, Northern District of Illinois
- U.S. District Court, Northern District of Ohio
- U.S. District Court, Southern District of New York
- U.S. District Court, Western District of Wisconsin