Scott D. Musoff represents financial institutions, corporations and individuals in federal and state trial and appellate courts, as well as in arbitration proceedings.
Mr. Musoff has extensive experience in securities and other complex commercial litigation. He currently is representing, among others, Merrill Lynch & Co., Inc. and Société Générale in litigation relating to subprime and other matters. Recently, Mr. Musoff successfully represented Canadian Imperial Bank of Commerce in the dismissal of a putative class action suit alleging that CIBC and its officers misled investors about CIBC’s exposure to CDOs backed by subprime residential mortgages. Mr. Musoff won summary judgment in favor of Merrill Lynch in what was termed a “landmark” case addressing the interpretation of credit default swap agreements with a monoline insurer. He was also a member of the team that represented Merrill Lynch before the United States Supreme Court in the first case in which the court addressed the provisions of the Securities Litigation Uniform Standards Act of 1998.
He also has advised underwriters and issuers in securities litigation around the country, including Washington Mutual; Tower Semiconductor Ltd.; APAC Teleservices, Inc.; Bear, Stearns & Co. Inc.; CIBC World Markets Corp. and SG Cowen Securities Corp. Mr. Musoff was the lead trial lawyer in a 29-day NASD arbitration brought against a major brokerage firm, after which the panel dismissed all the claims in their entirety.
Mr. Musoff has also successfully argued appeals in the New York Court of Appeals, the Second Circuit Court of Appeals and the First Department. Mr. Musoff also counsels clients in a variety of other litigation matters, including having represented E. I. du Pont de Nemours and Company in connection with certain disputes relating to DuPont’s divestiture of Conoco, Inc.; a financial institution in a $200 million action for breach of contract, fraud and tortious interference arising out of its role as agent to a DIP lending group; and a financial services firm in a RICO action.
Additionally, Mr. Musoff has done a substantial amount of pro bono work. Among other successes, he won the largest known federal jury verdict in a housing discrimination case against a New York City cooperative.
Mr. Musoff has been repeatedly selected for inclusion in Chambers USA: America’s Leading Lawyers for Business and The Best Lawyers in America.
