Scott J. Pashman Of Counsel

New York, NY

Phone: (646) 870-1733 Fax: (646) 233-1919 Download VCard

Scott J.  Pashman

Scott is an Of Counsel in the New York office of Morrison Mahoney. His practice focuses on complex civil and commercial litigation including the prosecution of health insurance fraud actions under the Racketeer Influenced and Corrupt Organizations Act (RICO), Medicare class action defense, and related insurance coverage disputes. Scott has extensive experience representing clients in complex litigation before state and federal courts. Scott previously practiced with one of New York City’s premier real estate litigation boutiques where he handled a wide variety of contract, fiduciary duty, and fraud litigation, including the representation of national title insurers in cases of forgery, mortgage fraud, and related coverage disputes. Scott began his career in the New York office of an Am-Law 100 firm where he worked on complex civil, criminal, and regulatory matters.

Representative Experience

  • Prevailed at trial in U.S. Bankruptcy Court representing home builder against Department of Justice, Tax Division, in litigation over the timing and discounting of taxable interest income
  • Obtained summary judgment dismissing federal court negligence action brought by home purchasers against title insurer arising from subsequent discovery of lead contamination and obtained Rule 11 sanctions awarding the title insurer reasonable legal fees incurred to defend the action
  • Represented lenders in defense of civil RICO and ERISA claims arising from the collapse of investment advisor Capital Consultants, LLC, in $160 million Ponzi scheme
  • Represented a major international law firm in insurance coverage litigation arising from the allegedly tortious inducement of partner defections from a competing firm
  • Represented 100 condominium unit purchasers in federal court litigation under the Interstate Land Sales Full Disclosure Act and obtained settlement described by media as the largest refund in history for New York City condominium development
  • Represented a New York merchant banker indicted for alleged violations of the Foreign Corrupt Practices Act in Department of Justice investigation into Kazakh oil
  • Represented a major financial institution in parallel Department of Justice and Securities and Exchange Commission investigations arising from the collapse of the market for mortgage-backed securities
  • Represented one of the Big Four accounting firms in Department of Justice investigation into promoters of allegedly improper tax shelters
  • Represented New York City landlords in defense of class actions alleging illegal patterns of rent overcharges in violation of the Rent Stabilization Law
  • Represented landlords and anonymous hosts in investigations by New York State Attorney General and New York City Mayor’s Office of Special Enforcement into allegedly illegal Airbnb apartment rentals
  • Successfully defended the operator of prominent social networking website against an attempt by early investors to subpoena confidential documents from the company’s founder
  • Obtained pre-answer dismissal of defamation complaint brought against prominent customer review website based on statutory immunity under federal Communications Decency Act


  • Note, Discharge of Student Loan Debt Under 11 U.S.C. § 523(a)(8): Reassessing “Undue Hardship” After the Elimination of the Seven-Year Exception, 44 N.Y. Law Sch. L. Rev. 605 (2001)

Honors & Awards

  • Two-time recipient of the Pro Bono Publico award from the Legal Aid Society for the representation of undocumented immigrants in removal proceedings
  • Selected to the New York Super Lawyers magazine list as a "Rising Star" in Business Litigation (2013-2015)

New York, NY Office

Wall Street Plaza
88 Pine Street, Suite 1900
New York, NY 10005
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Bar Admissions

  • New York
  • New Jersey
  • United States District Court for the Southern District of New York
  • United States District Court for the Eastern District of New York
  • United States District Court for the District of New Jersey
  • United States Tax Court


  • B.A. — Rutgers University
  • J.D., magna cum laude — New York Law School