Seth M. Schwartz has a wide-ranging trial and appellate litigation practice involving complex securities, commercial and corporate governance matters pending in federal and state courts throughout the country and before the SEC and FINRA. Mr. Schwartz has extensive experience representing mutual fund and hedge fund clients in connection with a wide variety of issues, including alleged excessive fees, securities valuation and trading practices, market timing, sales practices and employment disputes. The Legal 500 United States has cited Mr. Schwartz “for his expertise litigating complex securities cases involving mutual fund and hedge fund clients.”
Mr. Schwartz is representing Tremont Group Holdings, Inc. in a number of related class, derivative and individual actions arising out of hedge fund investments with Bernard Madoff. Mr. Schwartz also recently represented a major broker-dealer in a landmark case vacating the largest punitive damages award ever issued in an NASD arbitration and, in another case of first impression, Mr. Schwartz represented the investment adviser and principal underwriter for a family of mutual funds in a state enforcement action where dismissal was sought, inter alia, on the ground of preemption under the National Securities Market Improvements Act of 1996 (NSMIA). Mr. Schwartz also has been representing a major financial services firm in class actions challenging, under state wage laws, incentive compensation plans that award restricted stock subject to vesting.
In addition, Mr. Schwartz is defending or has defended a number of public companies and their senior executive officers in a variety of high-stakes securities class actions, including actions against Citigroup Inc.; Putnam Investments; NTL, Inc.; BlackRock Financial Management, Inc.; Kmart Corporation; Cendant Corporation; Health Management Systems, Inc.; The Dun & Bradstreet Corporation; USX Corporation; Terex Corporation; Freuhauf Trailer Corporation; and Sapiens International Corporation, N.V.
Mr. Schwartz is chair of the Committee on Professional Ethics of The Association of the Bar of the City of New York. He served as a member of the committee from 1993 to 1996.
