Scott F. Hessell, Partner
Mr. Hessell
joined Sperling & Slater in 2006, after spending four years as a litigation
associate at the Chicago office of Kirkland & Ellis. He has represented clients in complex
commercial disputes nationwide before federal and state courts as well as
arbitration tribunals.
After law
school, Scott worked as a law clerk for the Honorable Karen LeCraft Henderson
at the United States Court of Appeals for the D.C. Circuit. At the University of Michigan, Scott was an
accomplished college debater, reaching the semi-finals of the National Debate
Tournament twice and winning the American Debate Association National
Championship. Scott is a member of the Trial Bar for the United States District
Court for the Northern District of Illinois and was selected in 2010 and 2011
as one of Illinois’ “Rising Stars” for business litigation based on a peer
survey conducted by Super Lawyers publication (representing top 2.5% of
all Illinois lawyers 40 and under).
Education
J.D. with Honors,
University of Chicago Law School, 2001
B.A. in Political Science, University of Michigan,
1997
Representative Matters
Tax Shelter Liability Litigation
Mr. Hessell
co-leads Sperling & Slater’s tax shelter liability practice, which for the
last seven plus years has had considerable success
recovering out-of-pocket damages (i.e.,
fees, penalties and interest) from professionals who designed, marketed and
implemented sham tax strategies in the late 1990s and early 2000s.
In
late 2009, Scott filed a lawsuit on behalf of an Illinois taxpayer who had $5.5
million in total out of pocket damages.
Six months after filing, we secured substantial settlements with the
investment bank and accounting firm involved in the client’s Son of BOSS
strategy.
Mr.
Hessell currently represents taxpayers in two of the largest Son of BOSS civil
cases filed, seeking over $100 million in total damages.
Complex Commercial Litigation
Represented customer duped by check advance scam who was then sued by
his long-time bank for a substantial overdraft. Hessell devised, implemented
and sustained a novel defense by a bank customer to UCC overdraft claims,
including first known federal trial involving these defenses. After four trial days cross-examining the
bank’s witnesses, the bank settled before finishing their case in chief and
under threat of discovery sanctions.
Represented
the bankruptcy trustee of Mego Financial Corporation in successfully
prosecuting Mego’s claims against its former directors/officers, as well as its
accountants.
Pursued
managing partner of several real estate
partnerships in state, federal, bankruptcy and criminal forums to seek return
of several million dollars of partnership funds misappropriated by defendant.
Participated in two arbitration trials before the
American Arbitration Association. Scott
was part of a trial team that successfully litigated Conseco, Inc.’s ownership
claims to the General Motors Building against Donald Trump and his
affiliates.
Class Action Litigation
Co-counsel for defendants in the class action Aliano
v. Amerigas, in which the client faced substantial exposure for alleged FACTA
violations. The court granted our motion
for judgment in the pleadings and dismissed the action. See 2009 WL 635547 (N.D.Ill. Mar 12,
2009) (No. 07cv4110) (Leinenweber).
Primary case management responsibility for a number
of purported statewide and nationwide product liability class actions in
federal and state courts and before the Judicial Panel on Multidistrict
Litigation. Among other pretrial motions
practice, he successfully argued a motion to dismiss a class action in Texas
state court.
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