Scott combines an active client-focused practice with management of the firm’s national Litigation Practice. Much of his practice focuses on guiding clients through a wide range of contract and other commercial disputes, particularly in the commercial real estate, private equity, probate/fiduciary and retail and consumer product industries. He counsels clients on achieving the most effective and efficient means of resolving these unique disputes, either through negotiated agreements or litigation. Scott has successfully handled matters across the country in numerous federal and state courts and agencies. As head of the firm’s national Litigation Section, Scott helps set and manage the strategic direction of the group and implement its key initiatives, in addition to managing and leading a cross-geography team of attorneys specializing in all types of litigation and dispute resolution. He is also a member of the Firm’s Policy Committee.
Scott’s real estate work includes representing owners, developers, tenants and real estate funds in a range of disputes, including joint venture, ownership, construction, leasing and permitting matters. He has resolved real estate disputes and litigated real estate cases in numerous jurisdictions across the country for multiple fund clients.
In the private equity space, Scott represents funds in fiduciary disputes, in addition to handling disputes for and with fund portfolio companies. These cases include fiduciary, ownership, officer/director, M&A and related transactional matters. He also represents fund executives in various related disputes.
Scott has extensive experience handling high-profile and high-value probate related disputes for individual private clients. His work in this area includes handling trustee removal actions, executor and administrator fiduciary claims and a range of will and trust disputes. He has represented clients in these cases in both state and probate courts.
His retail and consumer practice includes representation on a broad range of disputes for a public international medical device manufacturer, a public international solar panel manufacturer, a public international software company, multiple automotive dealers and a national auto glass retailer.
He has appeared before the US District Court, United States Bankruptcy Court, Massachusetts Superior Court, Massachusetts District Court, Massachusetts Housing Court, and Massachusetts Probate and Family Court as well as various state, federal, and local regulatory bodies. He has tried numerous cases, and he has also argued appeals before the Massachusetts Appeals Court and the Supreme Judicial Court.
During law school, he was a member of the National Moot Court Team.
- Boston College (JD, magna cum laude)
- College of the Holy Cross (BA)
- Represents a national real estate fund in connection with the permitting and construction of a large multi-parcel development in the Greater Boston area.
- Successfully represented a holder of more than $500 million of debt on a Boston office tower complex in a bankruptcy filed by the property owner.
- Secured summary judgment and leveraged successful settlement for joint venture fund client in a dispute over ownership rights associated with an $80 million+ hotel property.
- Advised a Boston-area university in sale-leaseback dispute with more than $100M at issue arising out of post-closing transactions.
- Handled and resolved numerous lease disputes across the country, including litigation, involving industrial, office, residential and commercial leases for multiple real estate fund clients.
- Successfully defended a trustee in a removal dispute case in probate court involving trust assets exceeding $1 billion.
- Secured a favorable settlement in connection with an earn out dispute from a M&A transaction involving an international medical device manufacturer.
- Successfully defended a high profile individual in an estate dispute concerning several hundred million worth of assets.
- Represented national auto-glass retailer in a variety of multi-jurisdictional disputes.
- Successfully represented multi point regional automotive group in reversing an international manufacturer’s decision to terminate dealership point.
- Argued successfully before the Massachusetts Supreme Judicial Court to establish the law in the Commonwealth on judicial estoppel.
- Represented a hedge fund in a case where a former employee claimed an ownership stake in the fund which our client contended was obtained through a breach of fiduciary duty. The case involved novel issues of law on fiduciary duty and wiretap law.
- Represented a $2 billion photovoltaic manufacturer of energy solutions in a dispute with a supplier of inverters and associated warranty services. The case tuned on contractual notice requirements.
- Represented a national investment firm in connection with ongoing litigation related to a $150 million investment our client made in a company that has been plagued by fiduciary problems and mismanagement.
- Secured dismissal on summary judgment of claims asserted in connection with a film investment and production transaction.
- Obtained relief against commercial real estate borrower of $25 million to prevent stripping of value of security pledged through complex corporate structure.
- Represented a global medical technology company in multi-jurisdictional dispute with suppliers of key safety components of both digital mammography systems and MRI machines manufactured by our client.
- Extricated officer from claims by retail advertising company that officer had breached fiduciary duties and engaged in self-dealing.
- Represented the unsecured creditors’ committee in the Ch. 11 filing of an auto parts manufacturing company. Our representation included litigation against General Motors, LLC, the senior secured creditor and the debtors’ primary customer, for: (i) breach of contract; (ii) breach of fiduciary duty; (iii) fraud; (iv) unfair and deceptive business practices; (v) avoidance of liens; and (vi) equitable subordination.
Recognition & Awards
- Massachusetts Super Lawyers: Closely Held Business (2005 – 2021)
- Benchmark Litigation: Litigation Star (2020 – 2022)
- Best Lawyers in America: Commercial Litigation (2020 – 2022)
- Best Lawyers in America: Real Estate Law (2020 – 2022)
- Martindale-Hubbell AV Preeminent
- Member, Massachusetts Bar Association
- Member, American Bar Association
- Member, Boston Bar Association
- Hingham Historic Districts Commission