Scott D. Berson

Partner
Norton Rose Fulbright US LLP

New York
United States
T:+1 212 408 1144
New York
United States
T:+1 212 408 1144
Scott D. Berson

Scott D. Berson

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Biography

Scott Berson represents lenders and borrowers in connection with structured as well as more conventional financings, both secured and unsecured, and corporate clients in connection with other transactional matters.


Professional experience

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JD, New York University School of Law, 1995
BA, with honors, Amherst College, 1992

  • New York State Bar
  • Represented a U.S. based fuel broker and various of its domestic and foreign subsidiaries, as sellers, in three separate trade receivable financings, totalling in excess of $500 million, as well as in connection with various supply chain programs in which it participates.
  • Represented a leading pharmaceutical company, as seller, in an up to $600 million trade receivables facility involving the factoring of specified receivables from three of its principal customers.
  • Represented a U.S. investment fund in connection with its factoring of a long-term receivable generated by a major industrial OEM under a long term servicing agreement.
  • Representing a major commercial bank in connection with a $100 million sale and leaseback of fuel cell equipment to be installed and operated at various Walmart facilities in the U.S. 
  • Represented a recycling company and its subsidiaries, as borrowers and guarantors, in connection with its US$90 million term loan and revolving credit facility, secured by substantially all of the assets of the borrower and guarantors. 
  • Represented a U.S. based fuel broker and various of its domestic and foreign subsidiaries, as borrowers and guarantors, in connection with its $1.2 billion secured revolving credit, term loan and letter of credit facility.
  • Represented a high net worth individual in connection with a US$300 million revolving credit facility secured by the individual's fine art collection. 
  • Represented one of the largest U.K.-based hedge funds in connection with its obtaining a US$530 million secured term loan financing to consummate a reverse acquisition and a US$40 million secured revolver to provide working capital, secured by substantially all of the domestic and foreign assets of the company and its subsidiaries. 
  • Represented a major financial institution, as administrative agent, in connection with the restructuring of senior and second lien credit facilities through a consensual strict foreclosure. 
  • Represented the arranger of two separate US$200 million senior life settlement transactions involving the financing of a pool of U.S. life insurance policies, one of which was funded solely through a foreign equity offering and the other of which was funded with both debt (U.S. and foreign) and equity (through a foreign offering). 
  • Represented a family office in connection with its $75 million investment in a senior life settlement fund.
  • Represented a major financial institution in connection with its purchase from various originators of payment rights under structured settlements. 
  • Legal 500 US, recommended lawyer, Finance - Structured finance: securitization, The Legal 500, 2018
  • Legal 500 US, recommended lawyer, Mergers, Acquisitions and Buyouts: M&A: National Firms , The Legal 500, 2008-2009
  • Co-author, "Synthetic Leasing – The New Financial Phoenix," Inside the Minds: Winning Legal Strategies for Banking Law, Asparte Books, 2005

Speaker, Introduction to Cryptocurrencies, Blockchain & Smart Contracts, ACC Minnesota In-House Counsel Conference, June 2018