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. Scott's practice focuses on receivables transactions - particularly those structured as "true sales" - and represents both purchasers and sellers in matters involving not only direct transfers, but also those structured as sales through supply chain platforms.


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 major commercial bank in connection with its purchase of trade receivables in multiple transactions opposite numerous originating companies, including those in the cloud services, auto parts, chemical, technical support, industrial equipment and toy industries.
  • Represented a major commercial bank in connection with its purchase of trade receivables from a company that provides data center colocation and interconnection services, structured using a two-step sale process through an aggregator SPV.
  • Represented the factoring arm of a major European commercial bank in connection with its purchase of trade receivables from U.S. subsidiaries of its customers.
  • Represented a U.S. investment fund in connection with multiple transactions involving its factoring of various long-term receivables generated by a major industrial OEM under both equipment supply contracts and long term servicing agreements.
  • Represented a major commercial bank in connection with multiple sale/leaseback transactions involving fuel cell equipment to be installed and operated at various Walmart, Amazon and Home Depot facilities in the U.S.
  • 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 a trade receivables facility involving the factoring of specified receivables from three of its principal customers, one of which involved direct sales to a commercial bank and the other of which involved sales through a "fin-tech" platform.
  • Represented a recycling company and its subsidiaries, as borrowers and guarantors, in connection with its 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 secured revolving credit, term loan and letter of credit facility.
  • Represented a high net worth individual in connection with a 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 secured term loan financing to consummate a reverse acquisition and a 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 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).
  • Legal 500 US, recommended lawyer, Finance - Structured finance: securitization, The Legal 500, 2018

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