Scott D Thomson
Counsel, New York
Scott D Thomson
Counsel, New York
Scott Thomson’s practice focuses on U.S. and international commercial litigation, eDiscovery, antitrust matters, securities litigation, white collar criminal defense, regulatory enforcement, foreign sovereign immunity litigation, and internal investigations. He has been recognized by The Legal 500 in its securities litigation coverage and has been included the New York Super Lawyers list each year since 2017.
Prior to joining the firm, Scott practiced with Sullivan & Cromwell LLP and O’Melveny & Myers LLP. Scott is a graduate of Columbia Law School where he was a Harlan Fiske Stone Scholar and was on the Editorial Board of the Columbia Journal of Transnational Law. Before attending law school, he was a member of the U.S. Foreign Service and served in the Dominican Republic and the United Kingdom. He is proficient in Spanish.
Scott Thomson’s practice focuses on U.S. and international commercial litigation, eDiscovery, antitrust matters, securities litigation, white collar criminal defense, regulatory enforcement, foreign sovereign immunity…
Education
Columbia Law School (J.D. 1997); College of Charleston (B.A., English, 1986)
Bar Admissions
New York State; U.S. District Courts for the Southern and Eastern Districts of New York
Activities and Affiliations
Member, American Bar Association (Section of Antitrust Law)
Member, Federalist Society
Litigation
eDiscovery matters, including:
Supervision of multi-firm reviews in Milan and Montevideo of documents in Spanish, Portuguese, Italian, English and other languages for a conglomerate being investigated in multiple jurisdictions; and
Supervision of document review in a case involving representation of a CFO charged with accounting and securities fraud violations by the SEC.
Representation of two individuals in federal investigation of the market for guaranteed investment contracts (GIC) and similar municipal derivatives.
Representation of a hedge fund in a contract dispute arising out of a joint venture in the purchase of the distressed debt of a large manufacturer.
Representation of a hedge fund in a private insider trading case in the Southern District of New York, alleging violations of Rule 10b-5 and the tender offer rules.
Read MoreBankruptcy Related Litigation
Represented major U.S. real estate investment trust in bankruptcy litigation of large chain retailer involving the right to assume or reject leases.
Represented investment bank in complex litigation involving estate of bankrupt former energy company’s attempt to recover amounts paid to redeem commercial paper from hundreds of counterparties.
The SEC has recently signaled a renewed focus on the investigation and prosecution of accounting fraud with the creation of a Financial Reporting and Audit Task Force. The Task Force will use sophisticated computer algorithms to mine financial filings looking for potential irregularities. The SEC is expected to take a close look at companies particularly in the technology sector, and at revenue recognition. The article examines recent public statements and SEC enforcement actions that help provide clues to the SEC’s renewed focus in this area.
Regardless of which side ultimately benefits, the Supreme Court's message for antitrust litigants is clear: Class action is an exception to the usual rule.
Dell’s board of directors played a starring role in helping Michael Dell defeat the legal challenge of taking Dell Inc. private in a $25 billion dollar buyout. The committee’s role in protecting the transaction is a text book lesson on navigating complex transactions.
When a sovereign nation defaults, investors in its debt securities are often left without recourse. NML Capital, Ltd. v. Republic of Argentina is reimagining, and may even protect, the rights of U.S. corporations holding foreign sovereign debt.
A discussion on per se liability and how it relates to the allegations of price fixing recently made against Apple.
How the U.S. Sherman Act has been used to prosecute international cartels in cases of price-fixing abroad.
While press coverage treated the government approval of this merger as a fait accompli, this article will explore the potential for parties involved to face exacting antitrust scrutiny.
The FTC has proposed to formalize the process of withdrawing a merger notification and refiling it. This article discusses the requirements of SEC’s proposed new rule, § 803.12(c) governing this process.
Topics covered included recent trends in criminal enforcement as illustrated by the A U Optronics trial; the structure of antitrust enforcement in the United States, and recent civil trials of interest.