בילדער פון ערכאות

Scott E. Mollen smollen@herrick.com


Office New York, NY

Phone (212) 592-1505

FAX (212) 545-3370

Practice Litigation
Real Estate


Position Partner

Legal Education St. John's University School of Law, J.D., 1972

Undergraduate Education New York University

Bar Admissions New York

Articles / Publications "Realty Law Digest" a weekly column appearing in the New York Law Journal since 1987

Co-authored with Mark A. Levine, and Pamela Elkins-Richardson, "Plans Promote the Rebuilding of Downtown," The New York Law Journal, November, 2001

"Alternate Dispute Resolution of Condominium and Coopertive Conflicts," 73 St. John's Law Review 75, 1999


Scott E. Mollen's practice areas include general commercial litigation (breach of contract, real estate, securities, fiduciary duties, partnerships, lender liabilities, anti-trust, class actions, joint ventures and appellate practice), alternate dispute resolution (ADR), governmental relations, general business counseling and white collar crime.

Scott has advised major corporations, business executives, real estate owners and developers, commercial and retail tenants, investors and lending institutions. He has also served as an advisor to several government agencies, public officials and families of public officials.

Among his well known victories was his successful defense of the nation's largest condominium converter (partially owned by a former Governor's then wife) in numerous civil litigations and investigations by the United States Attorney's office and the New York State Attorney General. Scott prevailed before the New York Court of Appeals in cases which delineated the fiduciary duties of partners in law firms and invalidated a New York City public procurement process which could have been utilized to award hundreds of millions of dollars of public projects.

Recently, Scott successfully defended one of New York City's largest manufacturers in a criminal investigation by the Anti-Trust Division of the U.S. Department of Justice involving an alleged commercial kick-back scheme (the investigation was terminated with no charges filed) and achieved a favorable resolution for several real estate entities and executives in an alleged collusive bidding and illegal "secondary auction scheme."

In 1997, Scott achieved a dismissal of criminal charges against a former Deputy Mayor of New York City.

In 2001-2002, Scott helped resolve the high profile, hard fought litigation involving a sponsor's effort to convert one of New York City's largest "Mitchell-Lama" subsidized housing projects to conventional housing. The resolution involved the creation of entirely new subsidy programs by the City and by the sponsor for certain tenants and an approximate $550 million dollar condominium conversion.

Scott also successfully defended one of New York City's largest sellers of rehabilitated one and two family homes (approx. 3,000 homes) in an investigation by the New York State Attorney General. Under a settlement agreement, neither corporate nor individual targets pled guilty to or were found to have violated any statute or regulation. A key component of the settlement involved the creation of a "custom tailored" alternate dispute resolution process which provided significant advantages to consumers, but also saved the client millions of dollars.