Scott E Waxman

Practice Areas

Scott Waxman is a founding partner in the firm’s Wilmington, Delaware office and a member of the firm’s global advisory council. His practice focuses on organizational and operational issues related to limited liability companies, limited and general partnerships, statutory trusts, and special purpose corporations, as well as general commercial and financial transactions, including structured financings, securitizations, mergers and acquisitions, joint ventures, private equity and hedge funds, preferred securities transactions, insurance premium financing transactions, life settlement transactions and special purpose/bankruptcy remote structures. Scott is also experienced in related matters, such as the Uniform Commercial Code and federal and state taxation, as well as other matters, such as unclaimed property audits.

Scott frequently advises clients, assists litigators and serves as an expert witness before domestic and international tribunals on matters relating to the organization, operation, management, governance, dissolution, winding up, and restructuring of limited liability companies, limited and general partnerships, statutory trusts, and special purpose corporations, as well as advising on issues relating to the fiduciary duties of general partners, managers, directors, trustees, and special committees. A significant part of Scott’s practice also involves advising financial institutions and service providers in the many roles in which they serve, such as trustee, indenture trustee, collateral agent, servicer, backup servicer, escrow agent, securities intermediary, paying agent, and independent manager/director.

Scott is a past chair of Delaware's Alternative Entities Subcommittee, which is responsible for drafting Delaware's preeminent partnership and limited liability company statutes – a committee on which he has served for more than two decades. In addition, he serves on Delaware's Statutory Trust Committee, which is responsible for drafting Delaware's renowned statutory trust statute. Service on these small and prestigious committees provides Scott with a unique opportunity to participate in the crafting of some of Delaware's most important legislation, while simultaneously giving him a unique perspective into the legislative history and intent behind the annual changes to these statutes.

Professional Memberships

Delaware State Bar Association: Alternative Entities Subcommittee (Past Chair); Statutory Trust Committee, Section of Commercial Law; Section of Taxation

Pennsylvania State Bar Association

American Bar Association: Taxation Section; Business Law Section

Publications

Co-author, “How Can a Hedge Fund Investor Pledge its Hedge Fund Interest as Collateral for a Loan without Obtaining the Consent of the Hedge Fund’s Manager or General Partner?,” The Hedge Fund Law Report, Volume 3, Number 25, 25 June 2010.

Education