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About Scott Eisman

Scott Eisman is a Special Counsel in our dispute resolution practice, based in New York.

Scott recently rejoined Freshfields after spending several years as an Assistant Solicitor General in the New York State Office of the Attorney General.  While in government service, Scott represented the State of New York at all three levels of both the New York and federal judiciaries. He argued nearly twenty appeals and dispositive motions and wrote dozens of briefs. A US Supreme Court brief that he co-authored received the National Association of Attorneys General’s 2019 Supreme Court Best Brief Award.

Scott has extensive experience representing financial institutions and corporations in complex commercial disputes. He has also represented clients in connection with investigations by the US Department of Justice, the Securities and Exchange Commission, and the Commodity Futures Trading Commission. Earlier in his career, Scott was an associate at a global law firm and a law clerk to the Honorable Louis L. Stanton of the United States District Court for the Southern District of New York.

Recent work

Scott’s experience includes:

  • Representing a private equity firm in a post-closing dispute over the allocation of liabilities under a contract to purchase a chemical company.
  • Defending a major financial institution in multiple class actions alleging collusion in precious-metals markets.
  • Representing Volkswagen in the resolution of its criminal and regulatory investigations in the United States arising from its diesel emissions issues, as well as in connection with related regulatory investigations and civil litigations in dozens of other countries.
  • Prevailing before the US Supreme Court in a challenge to the addition of a citizenship question on the decennial census.
  • Obtaining reversal in the Second Circuit Court of Appeals of an order dismissing claims that a dietary-supplement manufacturer misled consumers about the efficacy of its products.
  • Obtaining a dismissal in the district court and affirmance by the Second Circuit Court of Appeals on behalf of an issuer of a structured product in a suit alleging violations of the Securities Act of 1933.
  • Representing a financial institution in connection with various lawsuits relating to residential mortgage-backed securities and collateralized debt obligations.

Qualifications

Scott earned his JD from Columbia University in 2010, where he was a Harlan Fiske Stone Scholar and Managing Editor of the Columbia Law Review. He earned his BS from Cornell University in 2007. He is admitted to practice in the State of New York, the United States District Court for the Southern and Eastern Districts of New York, the United States Courts of Appeals for the Second and Fifth Circuits, and the United States Supreme Court.