Scott M. Himes
Top rated Business Litigation attorney in New York, New York
Kishner Miller Himes P.C.Practice Areas: Business Litigation, General Litigation, Civil Litigation; view more
Licensed in New York since: 1979
Education: Hofstra University School of Law
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Kishner Miller Himes P.C.
40 Fulton St12th Floor
New York, NY 10038 Visit website
Details
A highly regarded civil litigation attorney at both the trial and appellate levels, Scott M. Himes has been a partner at Kishner Miller Himes P.C. since September 2016. Mr. Himes is based in the firm’s New York City office, and he represents people and businesses throughout the greater metropolitan area. Admitted to practice in New York since 1979, Mr. Himes is also admitted to practice before the U.S. District Courts for the Southern and Eastern Districts of New York, the U.S. District Courts for the Eastern District of Michigan, the U.S. District Court for the District of Colorado, and the U.S. Court of Appeals for the 2nd Circuit.
Mr. Himes has been involved in numerous complex and high-profile cases during his distinguished career. They have included allegations of securities fraud, breach of contract actions, professional negligence, partner and shareholder disputes, real estate, breaches of fiduciary duties, trade secrets, employment law, intellectual property infringement, and real estate, among others. Although Mr. Himes usually appears on the defense side of these matters, he has often represented plaintiffs as well. His clients have included real estate conglomerates, insurance companies, investors, officers and directors, government officials and other public figures, inventors, lawyers and accountants, and shipping companies.
Mr. Himes has developed an excellent reputation among his colleagues for his successful track record and high degree of ethics, and his honors have included an AV Preeminent* peer review rating through Martindale-Hubbell. He has written several articles for the New York Law Journal and other publications on topics related to his practice area, and he is a member of the Federal Bar Council and the Association of the Bar of the City of New York. Mr. Himes attended what was then known as Hofstra University School of Law and was the editor-in-chief of the Hofstra Law Review before graduating in 1978.
*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Rating™ fall into two categories – legal ability and general ethical standards.
Practice areas
Business Litigation, General Litigation, Civil Litigation: Plaintiff, Securities LitigationFocus areas
Litigation, Non-Compete Agreements, Restraining Order, Trade Secret
- 30% Business Litigation
- 30% General Litigation
- 20% Civil Litigation: Plaintiff
- 20% Securities Litigation
First Admitted: 1979, New York
Professional Webpage: https://kishnerlegal.com/scott-himes-biography/
- U.S. Court of Appeals for the Fifth Circuit
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Court of Appeals for the Second Circuit
- U.S. District Court for the Eastern District of Michigan
- Federal Bar Council
- U.S. District Court for the District of Colorado
- U.S. District Court for the Southern and Eastern Districts of New York
- New York
- New York City Bar Association, Member; current member, Litigation Committee; past member, Federal Legislation and Federal Courts Committees
- American Bar Association, Member, Litigation and Business Law Sections
- AV Peer Review Rating, Martindale-Hubbell
- Named to New York Metro Super Lawyers annually
- University of Wisconsin-Madison, B.A., with distinction, 1975
- “The Collision of Healthcare and Corporate Law in a Hospital Closure Case,” 34 Journal of Health Law 335, Summer 2001
- “Measuring Damages for Fraud-Based Mismanagement of a Securities Portfolio,” 27 Securities Regulation Law Journal 74, Spring 1999
- Co-author, “Courts Allow States to Regulate Out-of-State Internet Financial Services Providers,” Conference on Consumer Finance Law, Quarterly Report, Vol. 69, No. 1, April 2016
- “The Supreme Court Limits Transnational Securities Fraud Cases,” Bloomberg BNA United States Law Week, July 20, 2010
- “Ruling Clarifies Preclusion of State Court Fraud Actions,” New York Law Journal, September 30, 2010
- “Implications of ‘Janus’ for Securities Fraud Liability of Corporate Insiders,” New York Law Journal, October 31, 2011
- “Pre-Action Disclosure of Internet Speakers’ Identities,” New York Law Journal, March 30, 2012
- Co-author, “Difficult Issues: Indemnification and Fee-Advancement,” Law Journal Newsletters Business Crimes Bulletin, November 30, 2012
- “Second Circuit Clarifies ‘Inquiry Notice’ for RICO’s Statute of Limitations,” New York Law Journal, December 6, 2012
- “A Best Practices Primer for Drafting Settlement Agreements,” New York Law Journal, July 15, 2013
- “The Amorphous ‘Personal Benefit’ Requirement for Insider Trading Tipping Liability,” Bloomberg BNA Securities Regulation & Law Report, October 21, 2013
- “Best Practices For Motions Brief Writing: Part 1,” Law360, March 4, 2016
- “Best Practices For Motions Brief Writing: Part 2,” Law360, March 7, 2016
- Co-author, “The Quagmire of the ‘Dual Fiduciary,’” New York Law Journal, March 24, 2016
- “Don’ts and More Don’ts of Taking Depositions,” New York Law Journal, September 13, 2019
- “‘Modified’ Business Judgment Rule for Going-Private Transactions,” New York Law Journal, May 24, 2016
- “The CFTC Turns to Insider Trading Enforcement,” The Journal of Investment Compliance, July 2016
- “The Essence of Litigating Successfully: ‘Communicating Your Story Credibly,'” New York Law Journal, May 8, 2018
- “Pointers for Drafting an Effective Appellate Brief,” New York Law Journal, September 24, 2018
Selections
- Super Lawyers: 2007, 2009 - 2024