Bingham

 Bingham
  1. New York
  2. T
     +1.212.705.7487
  3. F
     +1.212.702.3622

Services

Education

  1. Columbia University School of Law, Juris Doctor, Harlan Fiske Stone Scholar (1979)
  2. University of Pennsylvania, Artis Baccalaureate, Summa Cum Laude (1976)

Admissions

  1. Admitted to practice in New York
  2. U.S. Court of Appeals, Federal Circuit
  3. U.S. Court of Appeals, First Circuit
  4. U.S. Court of Appeals, Second Circuit
  5. U.S. Court of Appeals, Third Circuit
  6. U.S. Court of Appeals, Seventh Circuit
  7. U.S. Court of Appeals, Eighth Circuit
  8. U.S. District Court, Eastern District of New York
  9. U.S. District Court, Southern District of New York
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Kenneth I. Schacter

Partner

Ken Schacter is a highly experienced trial lawyer who handles a broad range of civil and white collar criminal matters. His practice emphasizes securities litigation; SEC administrative and enforcement actions; complex criminal, antitrust and civil RICO matters; intellectual property litigation; and a wide variety of other general business litigation.

Ken has substantial trial experience before juries, judges and arbitration panels throughout the United States. He has tried more than 30 cases to verdict or award and has also argued dozens of appeals. Ken has represented public and privately held companies and corporate executives in a wide range of white collar criminal matters, including cases involving insider trading and other securities-related matters, antitrust, False Claims Act, and tax cases, among others.

Ken gained valuable experience as an assistant U.S. attorney for the Southern District of New York during the mid-1980s, handling many groundbreaking insider trading cases, including the so-called “Yuppie Five” case and major prosecutions of other corporate insiders. One such case, brought against a director of a large U.S. oil company, involved the first successful use of the U.S.-Switzerland Treaty on Mutual Assistance in Criminal Matters. While an assistant U.S. attorney, Ken also investigated and prosecuted complex cases involving financial frauds, tax evasion, official corruption, arms smuggling and terrorism.

Experience

  • Represents a major financial services firm in numerous individual and class actions filed by investors in mortgage-backed securities asserting claims under the Securities Act of 1933 and state Blue Sky laws
  • Represents a large foreign-based bank in antitrust suits alleging bid-rigging in the municipal derivatives market
  • Represents a regional broker-dealer in a putative class action asserting claims relating to offerings of non-publicly traded real-estate investment trusts (REITs)
  • Represents a major broker-dealer in customer arbitrations before FINRA and in New York state court relating to trading losses incurred during the 2008 financial crisis
  • Represents a government-sponsored enterprise (GSE) in a number of putative class and derivative actions alleging misrepresentations and omissions in the GSE’s public filings
  • Represented a major broker-dealer in a class action arising from the client’s bank sweep practices
  • Represents a major manufacturer of TFT-LCD panels in connection with class and individual actions alleging price-fixing of panels used in TVs, computer monitors, laptops, cell phones and other products
  • Represented a former senior executive of a major technology company charged as a tipper in an insider trading case
  • Represented the departmental chair of one major New York medical school in a False Claims Act investigation concerning Medicaid billings and, in a separate matter, the departmental chair of another major New York medical school in an investigation concerning the use of NIH research funds
  • Served as lead trial counsel for a direct mail marketer in a civil False Claims Act case brought by the U.S. Department of Justice; the trial of the case resulted in a verdict for our client
  • Represented a leading money management firm and institutional investor in a major securities fraud case arising from its investment in asset-backed securities
  • Represented a Japanese pharmaceutical company in the prosecution of a $750 million civil RICO and securities fraud action against the seller of a U.S. generic drug company
  • Represented a perfume manufacturer in a securities fraud class action arising from the company’s public statements about a new cosmetic product
  • Represented acquiring companies in numerous actions and arbitrations relating to earnouts
  • Represented the former CEO of a leading financial services firm in a securities fraud class action and other litigation arising from the collapse of the company
  • Represented two Japanese industrial manufacturers in separate price-fixing cases, both involving criminal investigations and civil actions
  • Represented an investment adviser in litigation brought by the estate of a former client alleging fraud and breach of contract in the handling of the client’s managed account
  • Represented a well-known manufacturer of time management products in a securities fraud case arising from its acquisition of a calendar manufacturer
  • Represented a large, internationally recognized jeans manufacturer in a lengthy battle for corporate control
  • Represented a group of investors victimized by a Ponzi scheme orchestrated by a partner in one of the United States’ leading law firms
  • Represented a hedge fund in a lengthy and complex antitrust and securities manipulation case relating to the well-publicized “squeeze” of the Treasury market in 1991
  • Represented a broker-dealer in several litigation and arbitration proceedings concerning copyrighted securities trading software and claims of “raiding” by other firms
  • Obtained a preliminary injunction on behalf of a major pharmaceutical company enjoining a former business partner from terminating a contract for development of a new drug on the threshold of FDA approval

Events

  • Chair, Expert Witness 2012, Practicing Law Institute Program (Jun. 27, 2012)
  • Chair, Expert Witness 2011, Practicing Law Institute Program (Jan. 7, 2011)
  • Panelist, Avoiding and Managing Disputes: Design of Mediation Process, Mediation Advocacy and Negotiating Strategies, IQPC, The 2nd Securities Litigation Conference (May 18, 2007)

Publications

Memberships

  • American Bar Association
  • Association of the Bar of the City of New York
  • New York State Bar Association

Awards & Honors

  • Legal 500, Financial Services Litigation (2012)
  • Super Lawyers, (Securities Litigation), New York Metro (2006-2008, 2010, 2012), Criminal Defense, White Collar & Antitrust Litigation (2012)
  • Super Lawyers, Corporate Counsel Edition, Securities Litigation (2009), Securities Litigation (2012)
  • Phi Beta Kappa

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