Scott helps a diverse range of clients resolve their business disputes in state and federal courts across the U.S. and in arbitrations. He works with high-regulated clients such as pharmaceutical manufacturers, health care companies, banking and real estate firms, private equity firms, and aircraft and industrial equipment manufacturers. Scott is particularly experienced with business and product tort disputes, breach of contract lawsuits, state and federal False Claims Act (qui tam) litigation, and bet-the-company commercial disputes.

Scott’s regulatory compliance practice includes managing government audits and investigations, particularly those involving defense contracts, pharmaceutical pricing, and the marketing and sale of government-reimbursed medications and equipment. He offers clients a deep understanding of the False Claims Act, Anti-Kickback laws, Medicaid Rebate Act, and Stark Law, providing clear-cut guidance in a shifting landscape. Scott’s track record includes obtaining summary judgments and dismissals of False Claims Act litigation involving billions of dollars.

In addition to his litigation practice, Scott regularly advises clients on litigation avoidance and risk mitigation matters, privilege assertion and preservation issues, and commercial negotiations involving underlying asset and valuation disputes. Scott also has helped lead trial teams in nationwide and multidistrict (MDL) litigation, including the largest U.S. MDL in history arising from the opioid epidemic.

False Claims Act (Whistleblower/Qui Tam) Litigation and Investigations

• Obtained summary judgment for a government aerospace/defense contractor in a federal False Claims Act case alleging billions of dollars in damages in connection with the F-35 Joint Strike Fighter Program.
• Obtained a complete dismissal of multiple multibillion-dollar federal and state False Claims Act/qui tam lawsuits under Rule 12(b) for a Fortune 20 health care company.
• Obtained dismissal of government contractor False Claims Act case by procuring the support and endorsement of the Department of Justice.
• Defending pharmaceutical, medical device, and health care consulting companies in federal False Claims Act and state qui tam/whistleblower lawsuits, many involving alleged violations of federal and state Anti-Kickback Statutes.
• Represented clients in jury trials under state False Claims Act statutes involving the alleged misbranding of medical products.
• Direct and in-person communications and negotiations with the DOJ regarding “Granston Memo” issues.

Products Liability and MDL Defense

• Helped obtain a complete defense verdict for an aircraft manufacturer in a nearly 3-month trial in New York City in which the jury awarded more than $100 million in compensatory and punitive damages as to the other defendants.
• Lead trial lawyer for an in-person jury trial under COVID-19 protocols for a private university in property damages litigation; obtained a complete and unanimous jury verdict for the client.
• Ongoing representation of a drug manufacturer and distributor in opioid multidistrict litigation, the largest MDL in history.
• Regularly represents and defends aircraft and aircraft component manufacturers in cases involving fatal air crashes and various products and design liability issues.

Commercial and Business Tort Disputes

• Obtained temporary injunctive relief for an investment firm, resulting in the take over and control of the company to which the client had loaned substantial amounts of money pursuant to a credit and pledge agreement.
• Obtained complete summary judgment for a Fortune 50 entertainment company in a multimillion-dollar premises liability and personal injury litigation matter.
• Lead counsel in representing one of the world’s largest airline carriers in disputes involving federal grant assurances, preferential airport gate access, and enforceability of federal airline industry legislation.
• Obtained summary judgment on behalf of a major international airport in litigation involving personal injury claims concerning the design and operation of the airport’s lightning detection and warning system.
• Lead counsel for a multinational engineering firm sued by one of its competitors. In advance of trial, Scott obtained summary judgment against the competitor on each of its claims, as well as on his client’s counterclaims, including the recovery of attorney’s fees.
• Lead trial counsel for a commercial waste disposal company defending claims in jury trial regarding the proper handling and treatment of industrial waste, as well as the recovery and retention of precious metals.
• Lead trial counsel for a national bank in a lender liability action, defeating the plaintiff’s claims while obtaining a complete recovery on the client’s counterclaim.
• Defended a lending institution in connection with the disputed sale and purchase of a professional sports franchise.
• Arbitrated environmental preservation and restoration claims on behalf of a prolific philanthropist and private equity principal.

• Best Lawyers in America®: Aviation Law and Commercial Litigation (2022-2026)