Scott M Himes

October 06, 2023 | New York Law Journal

Litigation occurs because parties are in a dispute. But not every issue, position, argument, and fact needs to be litigated to resolve the dispute. Parties often fight over issues that do not matter, and sometimes don't even exist. This article offers pointers for staying on the right course.

By Scott M. Himes

10 minute read

September 30, 2021 | New York Law Journal

Preparing for and taking a deposition means playing the long game. What you do at the deposition arms you for cross-examination at trial—as long as you handle the deposition with trial cross squarely in mind.

By Scott M. Himes

13 minute read

August 16, 2021 | New York Law Journal

Focus on this checklist for your next complaint. Doing so will help you get your case off to a solid start and, hopefully down the road, to a winning trial.

By Scott M. Himes

13 minute read

September 12, 2019 | New York Law Journal

Keeping these "don'ts" in mind when taking a deposition will focus you on the "dos" for a successful deposition and, relatedly, a well-tried case in the courtroom.

By Scott M. Himes

11 minute read

September 21, 2018 | New York Law Journal

Think about these pointers the next time you put pen to paper for an appellate brief. They will make a difference in persuading the appellate court to right a lower court's wrong.

By Scott M. Himes

13 minute read

May 08, 2018 | New York Law Journal

“Communicating your story credibly” should be the mantra for preparing and trying your case. Those few words speak volumes about how to win the case.

By Scott M. Himes

11 minute read

May 24, 2016 | New York Law Journal

Scott M. Himes writes that in its recent opinion in 'In re Kenneth Cole Productions, Inc., Shareholder Litigation', the New York Court of Appeals, following Delaware's lead, held that the board-friendly business judgment rule should apply to the challenge of a going-private merger if certain shareholder-protective conditions are met. The opinion sets forth a road map for how parties can structure such a merger to pass legal muster.

By Scott M. Himes

22 minute read

March 24, 2016 | New York Law Journal

Scott M. Himes and Brent Weisenberg write: In today's investment world, private equity firms, investment managers and other investors often acquire a substantial interest in a business and, as a consequence, earn the right to put "their people" on the company's board. That person is often well-versed in the portfolio company's business precisely because of the work of the investment firm, but because the person owes duties to both entities, this scenario can present challenging issues on the proper exercise of fiduciary duty.

By Scott M. Himes and Brent Weisenberg

21 minute read

July 15, 2013 | New York Law Journal

Scott M. Himes, a partner of Ballard Spahr Stillman & Friedman, writes: A well-crafted settlement agreement should be in every litigator's toolbox. Nonetheless, we have all received from opposing counsel a proposed agreement that is inadequate. And there are countless cases where a settlement agreement itself becomes the basis for a lawsuit, resulting in the parties' litigating over an agreement that had "settled" their dispute.

By Scott M. Himes

13 minute read

December 06, 2012 | New York Law Journal

Scott M. Himes, a member of Stillman & Friedman, writes: Particularly because the predicate acts and racketeering activity underlying a RICO violation may be far-ranging and multi-faceted, precisely when the claim accrues can be fact intensive and, perhaps, murky. And when the plaintiff knows, or should know, that the claim has accrued so as to trigger the statute of limitations is an important issue. A recent Second Circuit decision addressed these issues.

By Scott M. Himes

13 minute read