Scott Chesin

Scott A. Chesin is a partner in the Supreme Court & Appellate practice in Mayer Brown’s New York office. He handles appeals in state and federal courts throughout the country, and he regularly partners with trial lawyers at Mayer Brown and at other firms to develop legal strategies applicable to all phases of litigation: pre-trial, trial, post-trial, and appeal.

Scott has experience litigating a wide variety of substantive legal issues; his particular areas of interest are product liability defense, punitive damages, and criminal defense. According to Legal 500, Scott is an “appellate specialist” who comes “highly recommended” by clients. In 2013, the New York Law Journal named Scott to its list of “Rising Stars” – lawyers under 40 who are “top contributors to the practice of law and their communities.”

He has been listed as an appellate “Rising Star” by New York Super Lawyers since 2014. Also in 2014, he was appointed by the Second Circuit to its Criminal Justice Act panel, through which he accepts court appointments to represent indigent criminal defendants on appeal.

Scott’s appellate practice is national in scope, with a particular focus on New York and Florida-based matters: since joining Mayer Brown in 2004, Scott has briefed or argued appeals in the New York Court of Appeals, the Florida Supreme Court, the US Court of Appeals for the Second and Eleventh Circuits, the New York Appellate Divisions for the First and Second Departments, and Florida Fourth and Fifth District Courts of Appeal.

Scott has authored over 100 appellate briefs filed in courts all around the country (including in the US Supreme Court, six US Courts of Appeals, and multiple state appellate courts).

In addition to handling purely appellate matters, Scott regularly briefs and argues complex issues at the trial-court level. In the past four years, Scott has served as lead legal strategy counsel during 20 high-stakes jury trials. In addition, he has handled pre-trial motions practice and appellate preservation for over a dozen other cases that have either gone to trial or been resolved prior to trial.

As legal strategy counsel before and during trials, Scott handles all aspects of appellate preservation, including drafting and arguing motions in limine, dispositive motions, directed-verdict and post-trial motions, proposed jury instructions and verdict forms, and exhibit objections. Scott regularly publishes and lectures on the subject of appellate preservation.

Scott received his J.D. from Columbia Law School, where he was a James Kent Scholar and a member of the Law Review. He received his A.B., cum laude in History, from Harvard College, where he won the Wendell Phillips Prize for the most promising orator in his class. Following graduation from law school, Scott served as a law clerk to Judge Pierre N. Leval of the US Court of Appeals for the Second Circuit.

Education :

• Columbia Law School, JD, Senior Editor, Columbia Law Review
• Harvard University, AB cum laude in History

Admissions :

• New York
• Florida
• US Supreme Court
• US Court of Appeals for the Second Circuit
• US Court of Appeals for the Eleventh Circuit
• US District Court for the Eastern District of New York
• US District Court for the Western District of New York

Experience :

• Remet Corporation v. The Estate of Pyne, No. 129 (N.Y. Ct. App. 2015): Briefed and argued appeal concerning the scope and meaning of contractual indemnification clauses in environmental cleanup cases.  The lower court had held that our client was not entitled to indemnification for environmental cleanup costs associated with a Superfund site; in a unanimous decision, the Court of Appeals reversed and held that our client was entitled to full indemnification.
• Bristol-Myers Squibb Co. v. Mylan, No. 13-3437-cv (2d Cir. 2014): Briefed and argued appeal for Bristol-Myers Squibb regarding contract dispute with generic drug manufacturer.  The lower court had dismissed our client’s complaint for failure to state a claim; the Second Circuit unanimously reversed and remanded for further proceedings.
• Offshore Exploration and Production, LLC v. Morgan Stanley Private Bank, N.A., No. 14-341 (2d Cir.): Represented the national oil company of Colombia in a Second Circuit appeal concerning the propriety of a $75 million arbitral award in favor of our client and the national oil company of Korea.
• Mulholland v. Philip Morris USA Inc., Nos. 14-144, 14-265 (2d Cir.): Briefed and argued appeal for Philip Morris challenging a $5.5 million jury verdict in a wrongful-death case. Previously represented the defendant as lead legal issues counsel at trial.
• Star One S.A. v. Andesat S.A. E.M.A., 909 N.Y.S.2d 634 (1st Dep’t 2010): Briefed and argued appeal from the denial of a motion to disqualify opposing counsel in high-stakes arbitration. Appellate Division reversed and granted judgment in favor of our client.
• Mensing v. Wyeth, Inc., 588 F.3d 603 (8th Cir. 2009): Represented name-brand drug manufacturer in personal injury suit brought by a patient who was injured after ingesting a generic drug. The Eighth Circuit affirmed judgment in favor of our client.
• Represented Fortune 500 company in a four-week personal injury trial conducted in November and December of 2013 in Florida state court in Miami-Dade County. Responsible for legal strategy, issue preservation, and briefing and argument of all legal issues. The case ended in a defense verdict.
• United States v. Shellef, 718 F.3d 94 (2d Cir. 2013): Briefed and argued criminal appeal raising issues related to the proper application of the Speedy Trial Act.
• United States v. Pinzon (E.D.N.Y. 2009): Represented criminal defendant at the trial court level. Successfully argued for dismissal of original indictment and withdrawal of guilty plea. Negotiated plea agreement with the government on superseding indictment.