Scott M. Kessler

People

Scott Kessler litigates complex commercial and intellectual property disputes at both the trial and appellate levels. He has tried and argued numerous cases in federal and state courts. His experience encompasses corporate and private equity transactions, trademarks, copyrights, real estate, securities and class action defense.

Scott also has significant experience advising clients with regard to contract disputes, corporate and partnership dissolutions, and matters involving questions of trademark, copyrights and trade secrets.

Notable Work

Real Estate Investment Fraud:

Represented a large real estate owner and investor in Class A office and retail properties throughout the country in an expedited international arbitration brought by a group of “family and friends” investors claiming their investments were induced through a complex fraud and seeking rescission of their multi-million dollar investments.

International Arbitration:

Represented a corporate finance advisory boutique, serving companies in the life sciences industry, in international arbitration proceeding brought against a clinical stage biotechnology company focused on developing a chemical compound to treat ophthalmic diseases to obtain its success fees for finding, negotiating and closing a strategic transaction with a global pharmaceutical company to develop and commercialize the chemical compound.

Private Equity:

Represented a private equity firm and directors and officers of one of its portfolio companies against claims of minority shareholders for breach of fiduciary duty, aiding and abetting breach of fiduciary duty, gross negligence, and unjust enrichment in international arbitration proceeding.

Personal Care:

Represented a hair care products company in counterfeiting cases in two federal courts alleging additional claims for trademark infringement, false designation of origin and false advertising, trademark dilution, unfair competition and breach of contract relating to the purchase, distribution, marketing and/or sale of hair care products bearing unauthorized counterfeit trademarks.

Trade Secrets/Restrictive Covenants:

Represented a leading worldwide provider of aerospace fasteners and consumables for the commercial, business jet, and military markets in federal action asserting claims for breach of contract, misappropriation of trade secrets, breach of duty of loyalty, and injunctive relief against former employees.

Trademark Infringement:

Represented a trademark holder for bath, body and fragrance products in federal action for trademark infringement, false designation of origin, false advertising, unfair competition and deceptive acts and practices.

National Credit Card Processing Company:

Represented client in federal and state court proceedings in dispute with sales organization concerning claims for breach of contract, breach of fiduciary duty, conversion, and tortious interference with contract.

High Profile Recording Artist:

Represented world-famous rapper and song writer in copyright action against magazine publisher and its principals for violations of the artist's copyrights in certain songs by publishing virtually the entirety of the songs on its website and threatening to release a special edition of the magazine including copies of the sound recordings and compositions at issue.

Corporation Dissolution:

Represented the minority shareholders of a closely-held corporation in state court proceeding for corporate dissolution and parallel action involving claims for breach of fiduciary duty, breach of duty of loyalty, and fraudulent conveyances.

Marine Products:

Representation of private equity firm and manufacturer and distributor of marine products in federal court action for breach of contract, breach of the covenant of good faith and fair dealing, trademark infringement, unfair competition, misappropriation of trade secrets and conspiracy in connection with negotiations to purchase a competing manufacturer and distributor of marine products.

Aviation:

Represented a worldwide manufacturer of aircraft passenger cabin interior products in state court action with distributor of oxygen system products alleging claims of fraud and breach of contract.

Healthcare Services:

Represented client and its directors in state class action challenging fairness of merger.

Patent Infringement:

Represented a global transportation affiliate network in defense of patent infringement claim related to the use of a GPS device to retrieve an address on the basis that the patent was directed to an abstract idea and therefore the case should be dismissed for lack of patentable subject matter.

Medical Practice:

Represented a private medical practice in state court action to enforce non-compete and non-solicitation agreements.

Author:

Represented an individual co-author of popular guidebook concerning women's beauty products in jury trial involving claims for recovery of royalties, breach of contract, and breach of fiduciary duty.

Merchandizing:

Represented a merchandizing company in federal action to enjoin unauthorized sale and distribution of counterfeit clothing and novelty products.

Construction:

Representation of construction management company in court proceedings to prosecute claims for violation of non-compete agreement and for contempt.

Automotive:

Representation of automotive parts company and individual partners in appeal of distribution of partnership assets and breach of fiduciary duty.

Show all

The New York Law Journal, Co-Author, "Defending Attorney-Client Privilege in Communications With In-House Counsel: Recent Developments," May 6th, 2020
New York State Bar Association, Co-Author, "Mitigating the Effect of Event Cancellations During the COVID-19 Pandemic, May 5th 2020
Today's General Counsel Magazine, " "The Exchange" eDiscovery," Panelist, "Post-Amendment Preservation & Spoliation Sanctions," July 17, 2018
ARMA 2018 Annual Conference, Speaker, "Responding to Civil Discovery: Contrasting Federal and NY State law on Preservation and Spoliation," March 6, 2018
The Exchange Washington DC: Data Privacy and Cybersecurity Forum, Presenter, "Avoiding Lightning in the Cloud and Addressing New Threats," November 2, 2017
Today's General Counsel Magazine, Presenter, "Presumption of Litigation," November 16, 2016
Today's General Counsel Magazine, Presenter, "Where Proportionality Meets Possession," July 18, 2016
Today's General Counsel Magazine, Presenter, "Presumption of Litigation," May 11, 2016
The Exchange: Data Privacy and Cybersecurity Forum, Speaker, "Presumption of Litigation," April 4, 2016
The Exchange Washington DC: Cyber Security, Speaker, "Cyber Defense- Intersection between Privacy and Security," November 4, 2015
2015 Global Legal ConfEx, Speaker, "Managing Social Media in E-Discovery," October 27, 2015
The Exchange New York: E-Discovery, Speaker, "Meeting the Continuing Challenge of Litigation Holds and Preservation" and "The Practical Implications of the Proposed FRCP Amendments," July 20, 2015
New Jersey Law Journal, Co-Author, "New York Court of Appeals Reafirms the Separate Entity Rule," January 22, 2015
Today's General Counsel Magazine and Institute, Moderator, "On the Clients End - Liability and Managing Risk: No Such Thing as Perfect," November 18, 2014
Hofstra Law Alumni CLE Series, Presenter, "Employee Mobility in the Courts and Beyond," October 22, 2014
Global Litigation Conference and Exhibition, Presenter, "How to Plan and Maximize a Litigation Budget," October 1, 2014
Today's General Counsel Magazine and Institute, Presenter, "Meeting the Continuing Challenge of Litigation Holds and Preservation," and "E-Discovery Damage Control," July 16-17, 2014

New York State Bar Association, Member
New York County Lawyers' Association, Member
Jewish Lawyers Guild, Member
Queens & Bronx Builders Association, Member
Friends of the Israel Defense Forces NY Real Estate Division Annual Gala Committee

The Best Lawyers in America, 2024, Listed in New York for Electronic Discovery and Information Management Law
Super Lawyers Magazine 2014-2023, Listed in New York for Business Litigation

Scott M. Kessler

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