Scott E. Mollen is a highly experienced commercial litigator, regarded as a powerful asset by clients facing high stakes legal challenges. Scott regularly advises prominent corporations, financial institutions, business executives and sophisticated commercial real estate interests in litigation, mediation, arbitration and negotiations concerning a range of issues, involving breaches of contract, fraud, fiduciary duties, partnership disputes, real estate development, financing, purchases and sales, leasing, zoning, real estate appraisals and government relations.
Trial and Appellate Practice
Scott is also a sought-after trial and appellate lawyer, who has successfully advised clients in numerous federal and state litigations - and in successful appeals to the New York State Appellate Division’s First and Second Departments, the New York State Court of Appeals and other courts.
His record of success includes the dismissal of a $15 billion claim against a company that held electronic bank check imaging patents, as well as the dismissal of a $100 million claim by a former corporate officer for breach of an employment and stock option agreement. Scott also achieved the dismissal of fraud and contract interference claims in a complex multi-party arbitration against an investor in the billion-dollar World Market Center venture in Las Vegas. In that arbitration, Scott’s client was the only party deemed to be a “prevailing party,” and the only one awarded legal fees by the arbitration panel.
Scott also helped defeat a land use challenge to the height of a $320 million hotel and residential condominium development, and fraud and breach of contract claims against the owner of a large New York City waterfront development site. Additionally, Scott helped prevail in an appeal of a $126 million foreclosure suit involving a Miami Beach hotel.
On behalf of the Grand Rabbi of the largest Hasidic sect in the world, Scott successfully argued an appeal in the New York Court of Appeals, involving a highly-publicized and emotionally-charged dispute over a reported $500 million in assets, which involved corporate governance issues and complex arguments regarding the separation of church and state.
Scott’s practice also involves government relations work for corporate clients doing business with government; representing clients in government investigations and disputes against the government; and representing government agencies, public officials and their families in a wide range of matters. Additionally, Scott was appointed as a Receiver for a prominent office building located in Nassau County and for a development site in Manhattan.
The New York Law Journal: Realty Law Digest Column
For nearly three decades, Scott has authored the Realty Law Digest, a weekly column in the New York Law Journal which analyzes real estate case law. Over this span, Scott has authored more than a thousand articles on cases involving everything from real estate development, construction, finance, joint ventures, brokerage, zoning, foreclosure, condemnation, environmental issues and landlord/tenant law. Scott is also a member of the New York Law Journal’s Board of Editors.