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Scott S. Rose
Partner


MAIN OFFICE:
New York
Willkie Farr & Gallagher LLP
787 Seventh Avenue
New York, N.Y. 10019-6099, U.S.A.
T 212-728-8502
F 212-728-9502
 
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Scott S. Rose is a partner in the Litigation Department of Willkie Farr & Gallagher LLP in New York. He specializes in complex commercial litigation, securities litigation, SEC and other governmental and regulatory investigations, accounting irregularities, internal investigations, and employment litigation and counseling. He has experience representing public and private companies, their officers and directors, hedge funds, and accounting firms in federal, state, and bankruptcy courts throughout the United States.

Prior Experience
Mr. Rose served as a law clerk to the Honorable Frederic Block, U.S. District Court, Eastern District of New York (1997-1998).

Selected Significant Matters

Securities and Shareholder Litigation
Mr. Rose’s representative Securities and Shareholder Litigation matters include:

  • Representing Big 4 accounting firm in securities class action arising out of alleged accounting improprieties at developer and distributor of video-game software.

  • Representing Big 4 independent auditor for family of mutual funds in state court class action arising out of the New York Attorney General and the SEC’s market timing investigation.

  • Representing former CFO of company that produces and markets metal-based specialty products in securities class action arising out of alleged accounting improprieties.

  • Representing underwriters in securities class action arising out of alleged misstatements and omissions relating to IPO and secondary offering for financial services company.

  • Representing investment firm in litigation seeking to enjoin gaming company’s going private transaction.

  • Representing management company in action challenging executive compensation and related matters at publisher, developer and distributor of interactive entertainment software.

  • Representing collectibles company in proxy contest with hedge fund investor.
Enforcement and Investigations
Mr. Rose’s representative Enforcement and Investigations matters include:
  • Conducting internal investigations involving a major computer company, a Federal Home Loan Bank, an insurance and financial services company, a reinsurance company, a supplier of equipment and services to the transportation industry, and a leading manufacturer of beverage dispensing systems.

  • Representing former CFO of company that produces and markets metal-based specialty products in SEC proceeding arising out of alleged accounting improprieties.

  • Representing hedge fund in internal investigations and SEC investigations and informal inquiries.

  • Representing reinsurance company in SEC and DOJ investigations arising out of accounting irregularities.

  • Representing insurance and financial services company in SEC investigation arising out of accounting irregularities.

  • Representing Big 4 accounting firm and its auditors in SEC and DOJ investigations arising out of accounting irregularities and restatements at companies for which it serves as auditor.
Commercial Litigation
Mr. Rose’s representative Commercial Litigation matters include:
  • Representing Big 4 accounting firm in five-week accountant malpractice jury trial in which the New Jersey Supreme Court, in a unanimous opinion, directed dismissal of the case in its entirety.

  • Representing hedge fund in major civil RICO litigation that resulted in dismissal of all claims.

  • Representing media company in Freedom of Information Act action against the Federal Reserve seeking disclosure of bank bailout records.

  • Representing investment bank in fraud and breach of contract action brought by forestry and pulp company.

  • Representing Simon Property Group in its hostile takeover bid for Taubman Centers, Inc.

  • Representing high-tech fabric company in bankruptcy court adversary proceeding alleging fraud in connection with parent company’s bankruptcy.

  • Representing media company in age, disability, and medical leave discrimination actions.

  • Representing employers in enforcement of employee non-competition and confidentiality agreements.

  • Representing insurance broker in breach of fiduciary duty, breach of contract, and negligence actions.

  • Representing life insurance company in class action alleging race discrimination in connection with the sale of small face life insurance policies.

  • Representing satellite company in breach of contract action before international arbitration tribunal.
Selected Publications and Lectures

Mr. Rose spoke at ALI-ABA’s Accountants’ Liability seminar on Audit Committees and Audit Committee Investigations and the Reinsurance Association of America’s Re Underwriting program on "Lessons Learned from the Finite Reinsurance Investigations."

Mr. Rose is the author of "Only In Our House: Delaware Chancery Court Holds Delaware Forum Selection Bylaws Are Facially Valid," VC Experts (July 2013); "Delaware Forum Selection Bylaws Under Attack," VC Experts (Feb. 2012); "The Special Inspector General for TARP: The New Enforcer and the Next Wave of Investigations," Financial Fraud Law Report (Sept. 2009); "TARP Enforcement: Latest Developments and Insights," The Metropolitan Corporate Counsel (July 2009); and "Demand Futility in New York State Court Derivative Actions Arising From Stock Options Backdating," The Metropolitan Corporate Counsel (Apr. 2009).

Education
1997, Cornell Law School, J.D.
1994, Bates College, B.A.

Bar Admissions
New York, 1998

Courts
  • United States Court of Appeals, 2nd Circuit, 2005
  • United States Court of Appeals, 6th Circuit, 2003
  • United States District Court, Southern District of New York, 1999
  • United States District Court, Eastern District of New York, 1999


Practice Focus
Litigation
Education
  • 1997, Cornell Law School, J.D.
  • 1994, Bates College, B.A.

Clerkships
  • Block, Frederic, United States District Court, Eastern District of New York, December 1997-December 1998

Bar Admissions
New York, 1998

Courts
  • United States Court of Appeals, 2nd Circuit, 2005
  • United States Court of Appeals, 6th Circuit, 2003
  • United States District Court, Southern District of New York, 1999
  • United States District Court, Eastern District of New York, 1999




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