Scott is a trial lawyer who concentrates his practice on complex commercial litigation, with a particular emphasis on class actions. He is the firm’s managing partner and serves on its Executive Committee. Scott has considerable jury and nonjury trial experience, and represents clients in state and federal courts throughout the United States. He has advocated for clients in a broad range of matters, including antitrust, fraud and business torts, health care, breach of contract and intellectual property.
He is also a business counselor who guides Fortune 500 companies, entrepreneurs and wealthy individuals in high-stakes disputes and transactions that affect their vital interests. Scott regularly advises businesses on critical operational issues – corporate structure and governance, bankruptcy, and more – to ensure bespoke strategies are in place to protect their interests. He also guides individual clients through sophisticated personal transactions, joint ventures, and governmental investigations.
Clients and peers recognize Scott as an industry leader in litigation and strategic business counseling. In Chambers USA: America’s Leading Lawyers for Business, Scott is recognized for his “excellent courtroom representation” and for being a litigator who “can credibly negotiate with opposing parties.” He is also described as “excellent litigation counsel and a sound business advisor.”
Scott spends considerable time speaking, writing and engaging in civic-minded endeavors. He serves community and bar-related organizations in various capacities and is a member of the Economic Club of Chicago. Scott also donates significant time to pro bono matters, including court-appointed matters.
The majority of Scott’s practice is devoted to the defense of class action litigation. Representative class action matters include:
- Lead trial counsel in defense of a nationwide class action in the wood-products industry alleging violations of the antitrust laws and seeking billions in damages.
- Lead trial counsel for a health maintenance organization in a putative class action by health care providers alleging inadequate reimbursement.
- Successfully defeated requests for certification of a nationwide class of more than 13,000 putative class members in a product liability matter.
- Obtained dismissal with prejudice for a health maintenance organization in a putative class action alleging antitrust and RICO claims.
- Obtained dismissal with prejudice for a large health system in a putative class action alleging violations of federal and state laws.
- Successfully resolved a putative class action, with dispositive motions pending, for a regional health system against allegations of consumer fraud.
- Successfully opposed a request for consolidation by the Judicial Panel on Multi-District Litigation of putative class actions under federal and state laws.
- Obtained reversal of trial court certification as appellate counsel for a regional health maintenance organization against allegations of “down-coding” by contracted health care providers.
- Successfully resolved a putative class action, with dispositive motions pending, for a national distributor of home health care products against allegations of consumer fraud.
- Defended a multi-national conglomerate in Multi-District Litigation proceedings involving more than 500 consolidated cases seeking to pierce the corporate veil and hold the conglomerate responsible for the alleged product liability of its domestic subsidiary.
- Trial counsel where the court rejected requests for injunctive relief against an indenture trustee and a putative class of holders of more than $350 million of public notes surrounding much-publicized defaults of a public company.
In addition to his class action experience, Scott also has substantial experience representing public and private companies, as well as individuals, in complex litigation and investigations. Representative matters include:
- Trial counsel in five-week jury trial on fraud and breach of fiduciary duty claims seeking more than $550 million.
- Defended Fortune 25 company, in its capacity as an indenture trustee, in a dispute over the secured status of more than $1 billion of public debt.
- Counsel for Fortune 25 company in connection with regulatory investigation.
- Obtained dismissal for Fortune 25 company for lack of jurisdiction in an action under the False Claims Act.
- Trial counsel in lease recharacterization dispute involving several hundred million dollars.
- Trial counsel in multi-week trial relating to a $416 million leveraged lease project financing.
- Counsel for directors of a publicly-traded REIT in connection with claims of conspiracy, fraud, and defamation by a former executive officer.
- Obtained summary judgment in breach of contract action for a Fortune 25 company.
- Obtained dismissal with prejudice of claims for breach of fiduciary duty related to health insurance benefits for a public company.
- Supreme Court of Illinois
- U.S. Supreme Court
- U.S. District Court for the Northern District of Illinois
- U.S. District Court for the Northern District of Illinois (Trial Bar)
- U.S. District Court for the Central District of Illinois
- U.S. District Court for the Western District of Michigan
- U.S. Court of Appeals for the Third Circuit
- U.S. Court of Appeals for the Sixth Circuit
- U.S. Court of Appeals for the Seventh Circuit
- U.S. Court of Appeals for the Ninth Circuit