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Scott Schreiber is the founding Chair of legacy Arnold & Porter's Securities Class Actions and Shareholder Derivative Litigation, and the Securities Enforcement and Litigation practices. He 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 on behalf of major insurance companies, and representing foreign corporations, hedge funds, universities and limited partnerships. He has particular experience in representing REITs, their directors, and management in corporate governance, business disputes, mergers and acquisitions, as well as securities, derivative, and other litigation.

Mr. Schreiber 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.

Recognition

Chambers USA
Insurance: Insurer (Washington, D.C.) (2024)
Litigation: Securities (Washington, D.C.) (2013-2023)
Litigation: General Commercial (Washington, D.C.) (2009-2017)
Benchmark Litigation
Litigation Star – Commercial; Professional Liability; Securities; White Collar (2024)
National Practice Area – Commercial; Professional Liability; Securities; White Collar (2024)
Litigation Star (2013-2015)
Best Lawyers
Litigation: Securities (2007-2023)
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Credentials

Education

  • J.D., Columbia Law School
  • B.A., Bates College, cum laude

Admissions

  • District of Columbia
  • New York

Government & 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

  • U.S. Court of Appeals for the 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