Scott Himes Biography

Mr. Himes joined Kishner Miller Himes as a partner in September 2016. For about 30 years, he was a partner in the highly-regarded litigation/white collar defense “boutique” firm Stillman & Friedman, P.C. He became a partner in the large national firm Ballard Spahr LLP when Stillman & Friedman merged with Ballard in 2013. He began his career as a litigation associate at another major firm, Kaye Scholer.

Over the years, Mr. Himes has been involved in many high-profile and significant cases (some described in Representative Matters below), including representations of public figures and well-known business entities. In joining Kishner Miller Himes, Mr. Himes “returns to his roots” of litigating in a small-firm environment that provides top-quality legal services, often in complex and difficult situations.

As his primary area of practice, Mr. Himes concentrates on civil litigation, with an emphasis on complex commercial and business disputes. His litigation practice encompasses many areas of substantive law for numerous types of clients in diverse business settings, including matters involving breach of contract, real estate, fraud, securities fraud (both private actions and enforcement proceedings), RICO, partnership and fiduciary duty disputes, insurance, professional liability, intellectual property, trade secrets, business torts, and employment disputes.

Mr. Himes handles matters throughout all phases of litigation, including trials and appeals, as well as counseling clients in various dispute situations. Much of his experience is in complex cases for major business entities, but he has also handled many cases for individuals and smaller-scale businesses involved in complicated disputes. While frequently on the defense side, he also represents clients as plaintiffs or claimants. Many of his matters involve multiple parties and multiple jurisdictions. In addition to litigating in federal and state courts, Mr. Himes represents clients in regulatory proceedings and investigatory matters. He often represents professionals, such as attorneys, law firms and physicians, in challenging and sensitive matters. Mr. Himes takes great pride, in particular, in helping clients navigate successfully through contentious legal proceedings. He is frequently called upon by out-of-state lawyers to take on complex cases in the New York courts.

When not working, Scott is an avid reader, particularly enjoying historical fiction and spy novels, as well as a serious fan of professional football.  He is a long-time resident of Brooklyn Heights, where he and his wife Carol have raised their two now-adult sons, Daniel and Adam.  On weekends, Scott will often be seen around the neighborhood walking the family labradoodle Sydney.

Representative Matters

Complex Contract Disputes

  • Represented a major international real estate conglomerate in two related lawsuits involving multimillion-dollar financing transactions that did not close, involving two trials
  • Represented two corporations that are part of an international college system in a contract dispute, prevailing at trial
  • Represented a major insurance company in a substantial coverage dispute in the Southern District of New York and the Second Circuit
  • Represented a major financier/investor in a dispute over contractual obligations involving a limited liability corporation
  • Represented computer-technology entrepreneurs in their action against a well-known public company in the computer industry for breach of contract involving the sale of their business and technology, resulting in a substantial judgment following trial
  • Represented a major telecommunications company in an action against it alleging breach of a services agreement, achieving dismissal in the lower court and an affirmance on appeal

Securities

  • Defended officers and directors of public companies in securities fraud cases alleging financial disclosure misrepresentations, including representation of the former CEO of a major telecommunications company in numerous class actions and derivative cases in federal and state courts around the country, as well as in government enforcement proceedings
  • Defended a large law firm sued for securities law violations in connection with its role in a securities offering
  • Represented a group of investors in recovering damages against a major brokerage firm for securities fraud related to the handling of the investors’ accounts
  • Represented a limited partnership investor in an action for investment fraud and mismanagement, obtaining a preliminary injunction and ultimately a substantial judgment
  • Defended a senior corporate officer in a government enforcement action asserting that he received improper compensation through an unlawful scheme involving lucrative initial public offerings

Investment/Finance/Corporate Governance

  • Defended a prominent public figure in an investment mismanagement case involving RICO, breach of fiduciary duty, and other claims
  • Represented a former high-ranking government official sued for fraud and related claims arising from an investment dispute over a joint venture franchise business
  • Represented the managing partners of limited partnerships sued in connection with investment in the partnerships
  • Represented the former CEO of a major public company in derivative lawsuits asserting claims relating to backdating of company stock options
  • Defended the founder/former CEO of a major public company sued in connection with the acquisition of a business
  • Advised management of a major public company in the steel industry in connection with corporate governance matters and internal allegations of improprieties
  • Represented an accountant sued in multiple cases involving alleged Madoff-related investment fraud, winning dismissal of the cases in the trial court and an affirmance on appeal
  • Represented executives of an investment fund in connection with breach of fiduciary duty claims against them as directors of a portfolio company of the fund

Business Torts/Fraud

  • Represented an inventor and his company in an action asserting theft of their trade secrets, with related patent issues
  • Defended an individual in a complex international dispute involving claims of wrongdoing related to the handling of a substantial estate located abroad
  • Defended a lawyer in an action alleging fraud and related claims in connection with real estate transactions
  • Represented a former senior corporate officer sued in derivative cases asserting fraudulent insurance transactions
  • Represented a private equity firm investment manager in connection with claims against him for unfair competition and a violation of a restrictive covenant in an employment agreement

Real Estate

  • Represents, in similar but unrelated cases, the purchasers of luxury co-op apartments who assert that they were induced to buy based on misrepresentations of significant features of the apartments
  • Represents brokers seeking payment of a million-dollar-plus commission for their services in facilitating the sale of a major commercial development property
  • Represents a co-op owner suing the co-op board for retaliatory actions related to her proposed sale of a unit in the building, involving issues under the business judgment rule
  • Represents, in similar but unrelated cases, property owners seeking to recover damages and other relief against developers for construction defects

Other Unique/Noteworthy Matters

  • Handled an investigation of a major law firm involving conflict of interest claims in a bankruptcy context, culminating in a detailed report submitted to a bankruptcy court
  • Represented the medical staff of a New York City hospital in opposing a plan to sell and close the hospital, successfully preventing the sale and closure following trial
  • Conducted an investigation, ordered by a federal court, concerning the proposed settlement of Holocaust class action litigation against German banks, resulting in a comprehensive report submitted to the court
  • Handled a physician licensure matter before a hospital regulatory body
  • Handled a widely publicized cooperative housing dispute in New York State court
  • Represented a major maritime shipping company in connection with a claim that the company had violated a court order and for related matters

Professional Activities

American Bar Association

Member, Litigation and Business Law Sections

New York City Bar Association

Member; current member, Litigation Committee; past member, Federal Legislation and Federal Courts Committees

Federal Bar Council

Recognition & Accomplishments

AV Peer Review Rating, Martindale-Hubbell

Named to New York Metro Super Lawyers annually

Publications

“Pointers for Drafting an Effective Appellate Brief,” New York Law Journal, September 24, 2018

“The Essence of Litigating Successfully: ‘Communicating Your Story Credibly,'” New York Law Journal, May 8, 2018

“The CFTC Turns to Insider Trading Enforcement,” The Journal of Investment Compliance, July 2016

“‘Modified’ Business Judgment Rule for Going-Private Transactions,” New York Law Journal, May 24, 2016

Co-author, “Courts Allow States to Regulate Out-of-State Internet Financial Services Providers,” Conference on Consumer Finance Law, Quarterly Report, Vol. 69, No. 1, April 2016

Co-author, “The Quagmire of the ‘Dual Fiduciary,’” New York Law Journal, March 24, 2016

“Best Practices For Motions Brief Writing: Part 2,” Law360, March 7, 2016

“Best Practices For Motions Brief Writing: Part 1,” Law360, March 4, 2016

“The Amorphous ‘Personal Benefit’ Requirement for Insider Trading Tipping Liability,” Bloomberg BNA Securities Regulation & Law Report, October 21, 2013

“A Best Practices Primer for Drafting Settlement Agreements,” New York Law Journal, July 15, 2013

“Second Circuit Clarifies ‘Inquiry Notice’ for RICO’s Statute of Limitations,” New York Law Journal, December 6, 2012

Co-author, “Difficult Issues: Indemnification and Fee-Advancement,” Law Journal Newsletters Business Crimes Bulletin, November 30, 2012

“Pre-Action Disclosure of Internet Speakers’ Identities,” New York Law Journal, March 30, 2012

“Implications of ‘Janus’ for Securities Fraud Liability of Corporate Insiders,” New York Law Journal, October 31, 2011

“Ruling Clarifies Preclusion of State Court Fraud Actions,” New York Law Journal, September 30, 2010

“The Supreme Court Limits Transnational Securities Fraud Cases,” Bloomberg BNA United States Law Week, July 20, 2010

“The Collision of Healthcare and Corporate Law in a Hospital Closure Case,” 34 Journal of Health Law 335, Summer 2001

“Measuring Damages for Fraud-Based Mismanagement of a Securities Portfolio,” 27 Securities Regulation Law Journal 74, Spring 1999

Education

Hofstra University School of Law (J.D. 1978)

Editor-in-Chief, Hofstra Law Review

University of Wisconsin-Madison (B.A. 1975, with distinction)

Bar & Court Admissions

New York
U.S. District Court for the Southern and Eastern Districts of New York
U.S. District Court for the District of Colorado
U.S. District Court for the Eastern District of Michigan
U.S. Court of Appeals for the Second Circuit
U.S. Court of Appeals for the Fourth Circuit
U.S. Court of Appeals for the Fifth Circuit