Scott Kaiser handles litigation involving complex business transactions, securities, and employment disputes.  Mr. Kaiser’s litigation practice includes defense of government investigations, state and federal court proceedings, arbitrations and appeals.  Mr. Kaiser has represented clients in claims involving breach of contract, fraud, breach of fiduciary duty, negligence, tortious interference, and unjust enrichment, as well as claims under various state and federal statutes, including deceptive trade practice statutes and ERISA.  Mr. Kaiser has experience in both class actions and single plaintiff litigations.  Mr. Kaiser also has represented a Chapter 7 bankruptcy Trustee in bringing claims seeking the avoidance and recovery of fraudulent conveyances and preferential transfers and the turnover of estate property.  In addition to litigation matters, Mr. Kaiser has also drafted employment agreements, separation agreements, and employment policy manuals.

During law school, Mr. Kaiser was a member of the Journal on Legislation and was the Vice President of the Committee on Sports and Entertainment Law at Harvard Law School.

Select Representations

• Argued appeal before Appellate Division of New York Supreme Court seeking reversal of client’s conviction of attempted assault and criminal possession of a weapon.
• Represented a broker-dealer in obtaining a complete defense victory in NASD arbitration of a customer’s suitability claim.
• Represented Fortune 500 company in investigation by Securities and Exchange Commission of allegedly fraudulent transactions, including defense of Chief Executive Officer and other senior executives in deposition testimony before the Commission.
• Represented accounting firm that withdrew as auditor of a publicly traded company in investigation by Securities and Exchange Commission.
• Represented publicly traded company in investigation by Securities and Exchange Commission of alleged related party transactions and accounting restatement.
• Represented broker/dealer in class action brought by former employees asserting ERISA and common law claims, including constructive discharge, in seeking recovery of deferred compensation forfeited upon their resignation.
• Represented a court reporting firm in a declaratory judgment action, challenging the constitutionality of a state regulation prohibiting the firm from entering into contracts to provide court reporting services in multiple cases.  The regulation was repealed by the Supreme Court of Delaware after the litigation was commenced.
• Represented lender in obtaining dismissal of action alleging claims of breach of contract and anticipatory repudiation.
• Represented issuer of gift cards in class actions asserting claims related to gift card fees.
• Represented employer in claims of tortious interference with prospective economic advantages and contract.
• Analyzed securities fraud class action pending in United States federal court to advise foreign company as part of its due diligence considerations of potential acquisition of the defendant in the litigation.
• Analyzed and resolved various complaints brought by investment account holders against their broker-dealer.
• Analyzed investment recommendations made by broker/dealer in response to informal investigation of the Financial Services Authority of the United Kingdom into annuity investments.
• Prepared position statements on behalf of employers submitted to the Equal Employment Opportunity Commission and New York State Division of Human Rights responding to claims of discrimination brought by employees, including claims of discrimination on the basis of race, religion, disability, age, gender, sexual harassment and sexual orientation.
• Drafted employment agreements and separation agreements for hedge fund clients.

Bar and Court Admissions

New York, 2005

New Jersey, 2004

United States Court of Appeals for the Second Circuit

United States District Courts for the District of New Jersey and the Eastern and Southern Districts of New York

Education

Harvard University, J.D., 2004

Duke University, A.B., cum laude, 2001

Publications

• "Bridging the Digital Divide," Knowledge, Technology, and Power, Summer 2005

Speeches and Seminars

• "Bridging the Digital Divide," International Association of Mass Communication Research and International Communication Association Symposium on the Digital Divide, University of Texas, Austin, Texas, November 2001

Civic Involvement and Honors

• United States Attorney’s Office, Northern District of Texas, Dallas Division – Summer Associate, 2002

• Massachusetts Division of Career Services/Massachusetts Division of Unemployment Assistance – Legal Intern, Spring 2003
• Duke University Alumni Admissions Advisory Committee