Scott D Thomson

Counsel, New York

Scott D Thomson

Counsel, New York

+1 212 957 7563
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Scott D. Thomson’s practice focuses on U.S. and international commercial litigation, eDiscovery, antitrust matters, securities litigation, white collar criminal defense, regulatory enforcement, foreign sovereign immunity litigation, and internal investigations. He has been recognized by The Legal 500 in its securities litigation coverage and has been included on the Super Lawyers New York Metro list since 2017.

Prior to joining the firm, Scott practiced with Sullivan & Cromwell and O’Melveny & Myers. Scott is a graduate of Columbia Law School, where he was a Harlan Fiske Stone Scholar and was on the Editorial Board of the Columbia Journal of Transnational Law. Before attending law school, he was a member of the U.S. Foreign Service and served in the Dominican Republic and the United Kingdom. He is proficient in Spanish.

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Scott D. Thomson’s practice focuses on U.S. and international commercial litigation, eDiscovery, antitrust matters, securities litigation, white collar criminal defense, regulatory enforcement, foreign sovereign…

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Education

Columbia Law School (J.D., 1997); College of Charleston (B.A., English, 1986)

Bar Admissions

New York State; U.S. District Courts for the Southern and Eastern Districts of New York

Activities and Affiliations

Member, American Bar Association (Section of Antitrust Law)

Member, Federalist Society

Litigation

eDiscovery matters, including:

Supervision of multi-firm reviews in Milan and Montevideo of documents in Spanish, Portuguese, Italian, English and other languages for a conglomerate being investigated in multiple jurisdictions; and

Supervision of document review in a case involving representation of a CFO charged with accounting and securities fraud violations by the SEC.

Representation of two individuals in federal investigation of the market for guaranteed investment contracts (GIC) and similar municipal derivatives.

Representation of a hedge fund in a contract dispute arising out of a joint venture in the purchase of the distressed debt of a large manufacturer.

Representation of a hedge fund in a private insider trading case in the Southern District of New York, alleging violations of Rule 10b-5 and the tender offer rules.

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Bankruptcy Related Litigation

Represented major U.S. real estate investment trust in bankruptcy litigation of large chain retailer involving the right to assume or reject leases.

Represented investment bank in complex litigation involving estate of bankrupt former energy company’s attempt to recover amounts paid to redeem commercial paper from hundreds of counterparties.

Cohen & Gresser is pleased to announce that 25 of the firm’s lawyers are included on the 2024 New York Metro Super Lawyers list and 13 lawyers are included on the 2024 New York Metro Rising Stars list across a range of practice areas.

Super Lawyers once again named C&G co­-founder Mark S. Cohen and partner Jonathan S. Abernethy to the Super Lawyers list of the Top 100 lawyers in the New York metropolitan area.

Super Lawyers and Rising Stars are annual lists of outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Only 5 percent of the lawyers in each state are selected as Super Lawyers, and only 2.5 percent are selected as Rising Stars.

The C&G lawyers recognized on the New York Metro Super Lawyers list are:

The C&G lawyers recognized on the New York Metro Rising Stars list are:

   
Related Attorneys:
Jonathan S Abernethy, Kwaku Andoh, Luke Appling, Elizabeth F Bernhardt, Karen H Bromberg, Jason Brown, Joanna K Chan, Mark S Cohen, S Gale Dick, Christian R Everdell, Robert J Gavigan, Lawrence T Gresser, Oliver Haker, Johannes Jonas, Nicholas J Kaiser, David F Lisner, Ellen Paltiel, Douglas J Pepe, Matthew V Povolny, Bonnie J Roe, Stephen M Sinaiko, Mark Spatz, Daniel H Tabak, Scott D Thomson, Alexandra Wald, Sharon L Barbour, Randall W Bryer, Shannon Aimée Daugherty, Drew S Dean, Christine M Jordan, William E Kalema, Phoebe H King, Sri Kuehnlenz, Marvin J Lowenthal, Barbara K Luse, Alexandra K Theobald, Myia Williams, Benjamin Zhu
Related Practices:
Litigation and Arbitration, Corporate, White Collar Defense and Regulation, Intellectual Property and Technology
Office:
New York
Cohen & Gresser is pleased to announce that 29 of the firm's lawyers are included on the 2023 New York Metro Super Lawyers list and 11 lawyers are included on the 2023 New York Metro Rising Stars list across a range of practice areas.

Super Lawyers named C&G co­founder Mark S. Cohen one of the Top 10 lawyers in the New York metropolitan area. Partners Jonathan S. Abernethy and Karen H. Bromberg have also been named to the Super Lawyers list of the Top 100 lawyers in the New York metropolitan area. Additionally, Karen has been recognized as one of the Top 50 women lawyers within the same region.

Super Lawyers and Rising Stars are annual lists of outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Only 5 percent of the lawyers in each state are selected as Super Lawyers, and only 2.5 percent are selected as Rising Stars.

The C&G lawyers recognized on the New York Metro Super Lawyers list are:

The C&G lawyers recognized on the New York Metro Rising Stars list are:

Related Attorneys:
Jonathan S Abernethy, Kwaku Andoh, Luke Appling, Elizabeth F Bernhardt, Karen H Bromberg, Jason Brown, Joanna K Chan, Mark S Cohen, S Gale Dick, Christian R Everdell, Robert J Gavigan, Lawrence T Gresser, Oliver Haker, Johannes Jonas, Nicholas J Kaiser, David F Lisner, Ellen Paltiel, Douglas J Pepe, Matthew V Povolny, Bonnie J Roe, Stephen M Sinaiko, Mark Spatz, C Evan Stewart, Daniel H Tabak, Scott D Thomson, Alexandra Wald, Sharon L Barbour, Randall W Bryer, Shannon Aimée Daugherty, Drew S Dean, Christine M Jordan, William E Kalema, Sri Kuehnlenz, Marvin J Lowenthal, Barbara K Luse, Benjamin Zhu
Related Practices:
White Collar Defense and Regulation, Mergers and Acquisitions, Litigation and Arbitration, Intellectual Property and Technology, Securities Litigation, Real Estate, Corporate Finance
Office:
New York
Reuters covered the recent summary judgment by the New York Supreme Court to dismiss allegations brought against Goldman Sachs & Co. LLC and two other Wall Street banks in a case alleging a boycott in violation of the Donnelly Act, New York’s antitrust statute.

Article:
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Related Attorneys:
Daniel H Tabak, Scott D Thomson, Ronald F Wick
Related Practices:
Antitrust and Competition Litigation, Commercial Litigation, Litigation and Arbitration, Antitrust and Competition
Offices:
New York, Washington, D.C.
Cohen & Gresser is pleased to announce that 37 of the firm's New York and Washington D.C.­based attorneys have been named to the 2021 Super Lawyers List across a wide range of practice areas. C&G co-­founder Mark S Cohen and partners Jonathan S Abernethy and Daniel H Tabak have also been named to the Super Lawyers list of the top 100 lawyers in the New York metropolitan area, and partner Karen H Bromberg has been recognized as one of the top 50 women lawyers in the New York metropolitan area.

Super Lawyers ranks outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Only five percent of the lawyers in each state are selected as Super Lawyers, and only 2.5 percent are selected as Rising Stars.

Super Lawyers

Jonathan S Abernethy: Criminal Defense: White Collar

Kwaku Andoh: Mergers & Acquisitions

Elizabeth Bernhardt: Business Litigation

Thomas E Bezanson: Personal Injury – Products: Defense

Colin C Bridge: Criminal Defense: White Collar

Karen H Bromberg: Intellectual Property

Jason Brown: Criminal Defense: White Collar

Joanna K Chan: Securities Litigation

Mark S Cohen: Business Litigation

S Gale Dick: Business Litigation

Christian R Everdell: Criminal Defense: White Collar

Lawrence T Gresser: Business Litigation

Oliver S Haker: Business Litigation

Johannes Jonas: Mergers & Acquisitions

Nicholas J Kaiser: Real Estate

Jeffrey I. Lang: Business Litigation

Melissa H Maxman: Antitrust Litigation

Ellen Paltiel: General Litigation

Nathaniel P T Read: Business Litigation

Bonnie J Roe: Securities & Corporate Finance

Stephen M Sinaiko: Business Litigation

C Evan Stewart: Securities Litigation

Daniel H Tabak: Business Litigation

Scott D Thomson: Business Litigation

Alexandra Wald: Business Litigation

Ronald F Wick: Antitrust Litigation

Rising Stars

Luke Appling: Civil Litigation

Sharon L Barbour: Criminal Defense: White Collar

Drew S Dean: General Litigation

William Kalema: Business Litigation

Sri Kuehnlenz: Civil Litigation

Winnifred A Lewis: Securities Litigation

Marvin J Lowenthal: Criminal Defense: White Collar

Barbara K Luse: Criminal Defense: White Collar

Matthew V Povolny: Business Litigation

Benjamin Zhu: Criminal Defense: White Collar

Related Attorneys:
Jonathan S Abernethy, Kwaku Andoh, Elizabeth F Bernhardt, Karen H Bromberg, Jason Brown, Joanna K Chan, Mark S Cohen, S Gale Dick, Christian R Everdell, Lawrence T Gresser, Oliver Haker, Johannes Jonas, Nicholas J Kaiser, Melissa H Maxman, Ellen Paltiel, Bonnie J Roe, Stephen M Sinaiko, Daniel H Tabak, Scott D Thomson, Alexandra Wald, Ronald F Wick, Luke Appling, Sharon L Barbour, Drew S Dean, William E Kalema, Sri Kuehnlenz, Marvin J Lowenthal, Barbara K Luse, Matthew V Povolny, Benjamin Zhu
Related Practices:
Antitrust and Competition Litigation, Litigation and Arbitration, Commercial Litigation, White Collar Defense and Regulation, Criminal Defense, Intellectual Property and Technology, Mergers and Acquisitions, Class Action Defense, Real Estate, Real Estate Litigation, Corporate, Corporate Finance, Securities Litigation, Antitrust and Competition
Offices:
New York, Washington, D.C.
Cohen & Gresser is pleased to announce that 35 of the firm's New York and Washington D.C.­based attorneys have been named to the 2020 Super Lawyers List across a wide range of practice areas. C&G co-­founder Mark S Cohen and partners Jonathan S Abernethy and Daniel H Tabak have also been named to the Super Lawyers list of the top 100 lawyers in the New York metropolitan area, and partner Karen H Bromberg has been recognized as one of the top 50 women lawyers in the New York metropolitan area.
Article:
35 C&G Attorneys Named Super Lawyers and Rising Stars 2020
Related Attorneys:
Jonathan S Abernethy, Kwaku Andoh, Karen H Bromberg, Jason Brown, Joanna K Chan, Mark S Cohen, S Gale Dick, Christian R Everdell, Lawrence T Gresser, Oliver Haker, Nicholas J Kaiser, Melissa H Maxman, Ellen Paltiel, Bonnie J Roe, Stephen M Sinaiko, C Evan Stewart, Daniel H Tabak, Scott D Thomson, Alexandra Wald, Ronald F Wick, Luke Appling, Sharon L Barbour, Drew S Dean, Sri Kuehnlenz, David F Lisner, Marvin J Lowenthal, Barbara K Luse, Matthew V Povolny
Related Practices:
Litigation and Arbitration, Commercial Litigation, Products Liability, Mass Torts and Consumer Class Actions, Securities Litigation, Antitrust and Competition Litigation, Corporate, Corporate Finance, Mergers and Acquisitions, Intellectual Property and Technology, White Collar Defense and Regulation, Real Estate, Antitrust and Competition
Offices:
New York, Washington, D.C.
We are pleased to announce that 33 of our New York and Washington D.C.-based C&G attorneys have been recognized by Super Lawyers this year across a wide range of practice areas. Super Lawyers also selected C&G co-founder Mark S Cohen and partners Jonathan S Abernethy and Daniel H Tabak to its list of the top 100 lawyers in the New York metropolitan area, and partner Karen H Bromberg to its list of the top 50 women lawyers in the New York metropolitan area.
Article:
33 C&G Attorneys Named Super Lawyers and Rising Stars
Related Attorneys:
Mark S Cohen, Jonathan S Abernethy, Daniel H Tabak, Karen H Bromberg, Lawrence T Gresser, S Gale Dick, Christian R Everdell, Nicholas J Kaiser, Melissa H Maxman, Bonnie J Roe, Stephen M Sinaiko, C Evan Stewart, Alexandra Wald, Ronald F Wick, Joanna K Chan, Oliver Haker, David F Lisner, Matthew V Povolny, Scott D Thomson, Luke Appling, Sri Kuehnlenz, Marvin J Lowenthal
Related Practices:
Litigation and Arbitration, Commercial Litigation, Products Liability, Mass Torts and Consumer Class Actions, Securities Litigation, Antitrust and Competition Litigation, Corporate, Corporate Finance, Intellectual Property and Technology, White Collar Defense and Regulation, Real Estate, Antitrust and Competition
Offices:
New York, Washington, D.C.
We are pleased to announce that thirty of our New York and Washington, D.C.-based C&G attorneys have been recognized by Super Lawyers this year across a wide range of practice areas. Super Lawyers also selected C&G co-founders Mark S Cohen and Lawrence T Gresser to its list of the top 100 lawyers in the New York metropolitan area, and partners Karen H Bromberg and Alexandra Wald as two of its top 50 women lawyers in New York. Super Lawyers ranks outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Fewer than five percent of all lawyers in the U.S. receive this honor.
Article:
Download PDF
Related Attorneys:
Lawrence T Gresser, Mark S Cohen, Karen H Bromberg, Alexandra Wald, Melissa H Maxman, Ronald F Wick, S Gale Dick, Stephen M Sinaiko, Daniel H Tabak, Scott D Thomson, David F Lisner, Matthew V Povolny, Jonathan S Abernethy, Marvin J Lowenthal, Luke Appling, Bonnie J Roe, Oliver Haker, C Evan Stewart, Joanna K Chan
Related Practices:
Antitrust and Competition Litigation, Commercial Litigation, Corporate Finance, Corporate, Intellectual Property and Technology, Litigation and Arbitration, Products Liability, Mass Torts and Consumer Class Actions, Securities Litigation, White Collar Defense and Regulation, Antitrust and Competition
Offices:
New York, Washington, D.C.
Twenty-eight of our New York and Washington D.C.-based Cohen & Gresser attorneys have been recognized by Super Lawyers this year across a wide range of practice areas. Super Lawyers also named C&G co-founding partner Mark S Cohen to its list of the top 100 lawyers in the New York metropolitan area, and partners Karen H Bromberg and Alexandra Wald to its top 50 women lawyers in New York list. Super Lawyers ranks outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Fewer than five percent of all lawyers in the U.S. receive this honor.
Article:
Download PDF
Related Attorneys:
Mark S Cohen, Karen H Bromberg, Alexandra Wald, Melissa H Maxman, Ronald F Wick, Lawrence T Gresser, Stephen M Sinaiko, Daniel H Tabak, Scott D Thomson, Matthew V Povolny, Jonathan S Abernethy, Luke Appling, Mark Spatz, Bonnie J Roe, Oliver Haker, C Evan Stewart, Joanna K Chan
Related Practices:
Antitrust and Competition Litigation, Corporate, White Collar Defense and Regulation, Litigation and Arbitration, Intellectual Property and Technology, Products Liability, Mass Torts and Consumer Class Actions, Securities Litigation, Antitrust and Competition
Offices:
New York, Washington, D.C.
Sanctuary for Families honored Scott D Thomson and Matthew V Povolny for their pro bono work advocating for a victim of human trafficking entitled to public benefits.
Related Attorneys:
Scott D Thomson, Matthew V Povolny
Office:
New York
The Legal 500 has recognized Cohen & Gresser for its achievements in securities litigation and white collar criminal defense in its recently released 2016 U.S. guide. The guide notes C&G's "outstanding" white collar defense group and its "seasoned securities professionals who are smart, aggressive, and yet user-friendly."
Article:
View
Related Attorneys:
C Evan Stewart, Daniel H Tabak, Jonathan S Abernethy, Lawrence T Gresser, Mark S Cohen, S Gale Dick, Scott D Thomson
Related Practices:
Litigation and Arbitration, White Collar Defense and Regulation, Securities Litigation
Office:
New York
The SEC has recently signaled a renewed focus on the investigation and prosecution of accounting fraud with the creation of a Financial Reporting and Audit Task Force. The Task Force will use sophisticated computer algorithms to mine financial filings looking for potential irregularities. The SEC is expected to take a close look at companies particularly in the technology sector, and at revenue recognition. This article examines recent public statements and SEC enforcement actions that help provide clues to the SEC’s renewed focus in this area.

Publication:
New York Law Journal
Related Attorneys:
Mark S Cohen, Scott D Thomson, Jonathan S Abernethy
Related Practices:
Securities Litigation, White Collar Defense and Regulation
Office:
New York

Regardless of which side ultimately benefits, the Supreme Court's message for antitrust litigants is clear: Class action is an exception to the usual rule.

Publication:
InsideCounsel
Related Attorneys:
Lawrence T Gresser, Scott D Thomson
Related Practices:
Regulatory Compliance, Corporate, Securities Litigation
Office:
New York
Recent Supreme Court decisions have made the arbitration clause a potent weapon against class actions in many areas of the law. Certainly in the wake of Concepcion, Italian Colors, and Oxford, businesses should consider including in their contracts specific language regarding arbitration clauses.
Publication:
InsideCounsel
Related Attorneys:
Scott D Thomson, Lawrence T Gresser
Related Practices:
Class Action Defense
Office:
New York

Dell’s board of directors played a starring role in helping Michael Dell defeat the legal challenge of taking Dell Inc. private in a $25 billion dollar buyout. The committee’s role in protecting the transaction is a text book lesson on navigating complex transactions.

Publication:
InsideCounsel
Related Attorneys:
Scott D Thomson
Related Practices:
Corporate, Securities Litigation, Regulatory Compliance
Office:
New York

When a sovereign nation defaults, investors in its debt securities are often left without recourse. NML Capital, Ltd. v. Republic of Argentina is reimagining, and may even protect, the rights of U.S. corporations holding foreign sovereign debt.

Publication:
InsideCounsel
Related Attorneys:
Scott D Thomson
Related Practices:
Corporate, Regulatory Compliance, Securities Litigation
Office:
New York

A discussion on per se liability and how it relates to the allegations of price fixing recently made against Apple.

Publication:
Download PDF
Related Attorneys:
Mark S Cohen, Scott D Thomson
Related Practices:
Litigation and Arbitration
Office:
New York

How the U.S. Sherman Act has been used to prosecute international cartels in cases of price-fixing abroad.

Publication:
Download PDF
Related Attorneys:
Mark S Cohen, Scott D Thomson
Office:
New York

While press coverage treated the government approval of this merger as a fait accompli, this article will explore the potential for parties involved to face exacting antitrust scrutiny.

Publication:
Download PDF
Related Attorneys:
Mark S Cohen, Scott D Thomson
Office:
New York

The FTC has proposed to formalize the process of withdrawing a merger notification and refiling it.  This article discusses the requirements of SEC’s proposed new rule, § 803.12(c) governing this process.

Publication:
Download PDF
Related Attorneys:
Mark S Cohen, Scott D Thomson
Office:
New York
Topics covered included recent trends in criminal enforcement as illustrated by the AU Optronics trial; the structure of antitrust enforcement in the United States, and recent civil trials of interest.
Related Attorneys:
Mark S Cohen, Scott D Thomson
Office:
New York
Related Attorneys:
Scott D Thomson
Office:
New York

Practices