Scott Himes has more than 40 years’ experience as a trusted litigator and trial lawyer handling a wide array of challenging and complex cases.
Mr. Himes joined Kishner Miller Himes as a partner in September 2016. For 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 complicated 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.
Complex Contract Disputes
Other Unique/Noteworthy Matters
American Bar Association
New York City Bar Association
Federal Bar Council
Mr. Himes frequently is a speaker and presenter on litigation topics for legal education programs sponsored by the New York City Bar Association, of which he is a long-time member
AV Peer Review Rating, Martindale-Hubbell
Named to New York Metro Super Lawyers annually
“Taking Depositions in Discovery for Effective Cross-Examination at Trial,” New York Law Journal, September 30, 2021
“Reflections on the Well-Pleaded Complaint,” New York Law Journal, August 16, 2021
“Don’ts and More Don’ts of Taking Depositions,” New York Law Journal, September 13, 2019
“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
Hofstra University School of Law (J.D. 1978)
University of Wisconsin-Madison (B.A. 1975, with distinction)