Scott A. Edelman

+1-212-530-5149
SEdelman@milbank.com
 
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Scott A. Edelman is a member of the Firm’s Litigation Department and one of three members of the firm’s Global Executive Committee. Mr. Edelman’s practice spans contested civil, criminal and SEC enforcement litigation matters, corporate investigations, as well as providing advice to corporate clients on corporate governance and related issues. Mr. Edelman joined Milbank in 1994 and became a partner in 1995. Prior to joining Milbank, Mr. Edelman was an Assistant United States Attorney in the Southern District of New York where he focused on the investigation and prosecution of securities-related crimes, tried numerous cases to jury verdict and argued numerous appeals before the Second Circuit. Prior to becoming an Assistant United States Attorney, Mr. Edelman started his career at Wachtell, Lipton, Rosen & Katz.

Mr. Edelman has been recognized as one of the nation’s 500 leading lawyers by Lawdragon, as well as one of the nation’s 500 leading litigators. In addition, Lawdragon recently recognized Mr. Edelman as one of the 100 Lawyers You Need to Know In Securities Litigation. Chambers USA cited Mr. Edelman as a leading practitioner in securities and white-collar crime & government investigations.

Among the notable civil litigation matters that Mr. Edelman has handled at Milbank are:

• representation of private equity fund Cerberus Capital Management and its affiliates in defending a claim brought by United Rentals, seeking to compel Cerberus’ affiliates to close on a multi-billion dollar merger. Represented by Milbank, Cerberus obtained complete relief after an expedited trial in Delaware Chancery Court, which held that Cerberus' affiliates were not obligated to close the merger transaction. See United Rentals, Inc. v. RAM Holdings, Inc., C.A. No. 3360-CC, 937 A.2d 810 (Del. Ch. 2007) (click here  to view the opinion);

• representation of the REFCO Creditors’ Committee in obtaining a $1.3 billion pre-judgment attachment against, and subsequent $508 million settlement with, Austrian Bank BAWAG;

• representation of Station Casinos in litigation in multiple state and federal litigations arising out of its failed merger with Crescent Real Estate Investment Trust; despite Crescent’s claim that it was entitled to a $54 million termination payment under the governing merger agreement, the case was settled with a $15 million payment from Crescent to Station;

• representation of Aquila, Inc. in litigations and arbitrations arising out of Aquila’s efforts to obtain control of Quanta Services Corporation, as well as numerous other litigations in state and federal courts. See Citadel Equity Fund, Ltd. v. Aquila, Inc., 371 F. Supp. 2d 510 (S.D.N.Y. 2005) (click here to view the opinion);

• representation of Jardine Lloyd Thomson, one of the world’s leading insurance brokerage firms, in a number of civil litigations arising out of the demise of Bennett Funding, one of the largest Ponzi Schemes in history;

• representation of Long Term Capital Management in obtaining the dismissal on motion of a claim asserted by one of its investors in the wake of the liquidity crisis that occurred at Long Term and resulted in its restructuring;. See Lakonia Management Limited v. Meriwether, No. 99 Civ. 5064 (S.D.N.Y. July 27, 2000) (click here to view the opinion)

• representation of Ashanti Goldfields, one of the world’s leading gold producers, and its executive officers in the defense of a securities class action litigated in the Eastern District of New York;

• representation of TIG Holdings, a large property and casualty insurer, and its executive officers in the defense of a securities class action litigated in the Southern District of New York;

• representation of Bermuda reinsurance company Overseas Partners in a number of RICO and antitrust class actions consolidated in the Southern District of New York arising out of allegations concerning a reinsurance arrangement between Overseas Partners and United Parcel Service.

Mr. Edelman has also been active in representing individuals and institutions in connection with various regulatory and criminal investigations. Among the matters that Mr. Edelman has handled are:

• representation of numerous audit committees in connection with investigations relating to their financial statements;

• representation of a former CEO and Chairman of one of the world’s leading pharmaceutical companies in connection with a variety of investigative and civil litigation matters;

• the representation of E. Kirk Shelton, former President and Chief Operating Officer of CUC Holdings, Inc. in a seven month jury trial in Hartford, Connecticut;

• representation of a leading New York securities lawyer in connection with investigations and prosecutions of various penny stock fraud schemes perpetrated by former clients of our firm’s client;

• representation of numerous other financial officers and Wall Street executives in connection with internal, SEC and criminal investigations into a variety of different practices.

Mr. Edelman is a graduate of Yale College, where he simultaneously obtained both BA (summa cum laude) and MA degrees, both in Economics, and was elected to Phi Beta Kappa. Mr. Edelman is a graduate of Harvard Law School, where he was a member of the Harvard Law Review and a John Olin Fellow in Law and Economics.