Scott Schreiber, founding Chair of the Securities Class and Derivative Litigation and Securities Enforcement and Litigation Practices,  is a seasoned litigator with extensive experience serving as lead trial counsel in defending against actions filed  in federal courts and administrative tribunals by the SEC, PCAOB and class and derivative action plaintiffs. He regularly represents corporations, directors, officers, board committees and accountants in civil litigation and business disputes, securities fraud class actions, shareholder derivative and breach of fiduciary duty litigation, including actions related to M&A, public disclosures and accounting disputes. He also represents these clients in connection with regulatory, investigative, enforcement and criminal matters. He advises directors and special board committees in responding to shareholder litigation demands, in conducting independent investigations and in litigation arising out of such demands. Mr. Schreiber also focuses on litigating insurance coverage and bad faith cases and  representing foreign corporations, hedge funds, universities and limited partnerships.

He has also rendered public sector service, having been appointed as Special Counsel to the US Congress, Committee on the Judiciary, Subcommittee on Civil and Constitutional Rights, and as Special Assistant Counsel to the US Senate Select Committee on Intelligence. He served as Law Clerk to the Hon. William H. Timbers, US Court of Appeals, Second Circuit.

Experience

  • iStar Corporation Derivative Litigation (S.D.N.Y.). Represented Board of Directors in defending breach of fiduciary duty claims.
  • In re Juniper Derivative Litigation (N.D.Cal and Cal.). Represented Special Litigation Committee in responding to shareholder demand and in subsequent litigation.
  • In re Exide Derivative Litigation (D.N.J.). Represented Board of Directors in defending breach of fiduciary duty claims.
  • Represented Audit Committee of a real estate investment trust in investigating and responding to shareholder demands.
  • In re Federal Home Loan Mortgage Corp. Derivative Litigation (S.D.N.Y.). Represented accounting firm in derivative action.
  • Represented Special Litigation Committee of pharmaceutical company in responding to shareholder demands.
  • Represented Special Litigation Committee of medical device company in responding to shareholder demands.
  • Pericon Family Trust and Banyan v. Ordan and Sunrise Senior Living, Inc., et al. (E.D. Va. and Del.). Represent acquirer in defending  breach of fiduciary duty claims in connection with a merger transaction.

Perspectives

Accountants' Liability 2015: Confronting Enforcement and Litigation Risks
Supreme Court Clarifies Liability for Statements of Opinion Under Section 11 of the Securities Act
Arnold & Porter Advisory
Accounting Risks and Exposures in the International Arena

Accountants’ Liability 2014: Confronting Enforcement and Litigation Risks, ALI, Washington, DC

Auditing and Accounting Issues and Substantive Defense Strategies in SEC and PCAOB Proceedings

Accountants’Liability 2014: Confronting Enforcement and Litigation Risks, ALI, Washington, DC

D & O Insurance: The Latest Nuances in Coverage for Financial Institutions, the Impact of Bank Failures and the FDIC's Failed Bank Litigation,

Financial Institutions Insurance, Leading Underwriting, Claims and Coverage Strategies, ACI

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Recognition

Washington, DC Super Lawyers 2008-2016 for Securities Litigation and Business Litigation
The Best Lawyers in America 2011-2016 for Securities Litigation and Securities Regulation
Chambers USA: America's Leading Lawyers for Business 2013-2015 for Litigation: Securities (DC)
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Credentials

Education
  • JD, Columbia Law School
  • BA, Bates College, cum laude
Admissions
  • District of Columbia
  • New York
Government and Military Service
  • Special Counsel, US Congress, Committee on the Judiciary, Subcommittee on Civil and Constitutional Rights
  • Special Assistant Counsel, US Senate Select Committee on Intelligence
Clerkships
  • United States Court of Appeals, Second Circuit, The Honorable William H. Timbers
Activities
  • Co-Chair, Directors’ and Officers’ Subcommittee of the Professional Liability Litigation Committee, American Bar Association

  • President and Chairman, Board of Directors, Woolly Mammoth Theatre Company

  • Educator/Teacher, United States Holocaust Memorial Museum

Overview

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