Bingham

Bingham

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 financial institutions and other public and privately held companies, as well as corporate executives in a wide range of securities cases, including putative class actions, white collar criminal matters, cases involving insider trading and other securities issues, 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 Fortune 100 company and manufacturer of GPS devices in connection with claims arising from FCC-filed objections to a proposed new broadband wireless network
  • Represents a major national bank in a series of putative class actions arising from a Ponzi scheme
  • Represents a regional broker-dealer in a putative class action asserting claims relating to offerings of non-publicly traded real-estate investment trusts (REITs), and a second putative class action brought by IRA holders concerning valuation of the REITs
  • Represents the originator and seller of a large commercial mortgage in an appeal in a repurchase case
  • 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 major broker-dealer in an action in New York state court concerning the sale of commercial mortgage-backed securities
  • Represented a large foreign bank in antitrust suits alleging bid-rigging in the municipal derivatives market
  • Represents a large multinational company sued by a hedge fund in a securities fraud case
  • Represented 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 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
  • Represented 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
  • Represented a direct mail marketer in a civil False Claims Act case brought by the U.S. Department of Justice
  • 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 a Japanese manufacturer in a wrongful death action
  • Represented two Japanese industrial manufacturers in separate price-fixing cases, both involving criminal investigations and class 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
  • Represented a major pharmaceutical company in an action to enjoin a former business partner from terminating a contract for development of a new drug on the threshold of FDA approval

Events

  • Chair, Expert Witness 2014, Practicing Law Institute Program (Jun. 26, 2014)
  • Chair, Expert Witness 2013, Practicing Law Institute Program (Jun. 27, 2013)
  • 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
  • Federal Bar Council
  • New York State Bar Association

Awards & Honors

  • Legal 500, Financial Services Litigation (2012–2014)
  • Super Lawyers, (Securities Litigation), New York Metro (2006–2008, 2010, 2012–2014)
  • Super Lawyers, Corporate Counsel Edition, Securities Litigation (2009), Securities Litigation (2012)

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