Overview

Scott advises employers on, and litigates, all aspects of labor and employment law. This includes cases involving alleged employment discrimination and wrongful discharge, harassment, unlawful retaliation, whistleblower claims, restrictive covenants, breach of employment contract, trade secrets, wage and hour issues, OSHA, MSHA, employment torts, state unemployment tax account liability, workers’ compensation, disability and leave issues.He counsels employers on employment investigations, terminations, employment handbooks and written policies, benefits, insurance, unions and related collective bargaining agreements, employment and independent contractor agreements, and health and wellness programs. Scott provides counseling on regulatory compliance obligations. He represents clients before state and federal courts, the Equal Employment Opportunity Commission and related state agencies, Occupational Safety and Health Commission and related state agencies, Mine Safety and Health Review Commission, Ohio Civil Rights Commission, Industrial Commission of Ohio, National Labor Relations Board, American Arbitration Association, among other forums. Litigation experience includes single plaintiff, collective, and class actions.

Scott counsels clients on, and litigates, all types of business issues including, but not limited to, distribution agreements, technical transfer agreements, breach of contract, privacy and security, torts, intellectual property, general liability, unfair competition, and international law. He serves as outside general counsel for clients. Scott is lead litigation counsel for actions filed throughout the United States.

Scott represents clients, which range from small to Fortune 500 size companies, involved in manufacturing, health care, distribution, cosmetics, energy, beverages, food services, auto parts, general merchandise, construction, technology, banking, pharmaceutical development, life sciences, real estate, aerospace, workforce solutions, printing and packaging, steel, agriculture, and insurance, among others. These clients are based throughout the world including, but not limited to, North America, Europe, South Korea, and other parts of Asia.

Experience
  • Counseling clients on, and successfully defending, complaints filed by employees alleging wrongful discharge, retaliation, and harassment based upon, but not limited to, alleged disability discrimination, race discrimination, age discrimination, gender discrimination, sexual harassment, and whistleblower retaliation. Successfully defending employers against these types of claims before the EEOC, OSHA, various state agencies, and state and federal courts.
  • Representing and advising clients on all facets of OSHA compliance, related investigations, and litigation involving alleged citations. This includes, but is not limited to, fall protection, training, safety policies, lockout tagout, crane and lift truck safety, asbestos and other potentially hazardous exposures, chemical spills and response, compliance with design and build, and demolition standards. Clients include companies involved in construction, manufacturing, transportation, distribution, health care, and other industries.
  • Representing clients relating to negotiation of union contracts, union avoidance, and grievances. Advising client on related issues.
  • Counseling clients on, and litigating, wage and hour claims.
  • Drafting employee handbooks, drug and alcohol policies, and conducting employee training on all types of employment issues.
  • Drafting and negotiating executive contracts.
  • Representing client relating to OSHA’s investigation of unanticipated collapse of a multilevel parking garage during construction resulting in multiple injuries. Client was responsible for building garage. Resolution with OSHA resulted in no finding that client violated an OSHA standard proximately causing this collapse.
  • Representing client relating to OSHA’s investigation of unanticipated collapse of a multilevel parking garage during construction. Client was involved with inspecting the processes relating to building this garage, preceding the collapse. After investigation, OSHA did not find client violated any OSHA standard relating to this collapse.
  • Representing client relating to OSHA’s investigation of an unanticipated collapse of a bridge over an interstate highway during its demolition resulting in fatality and other injuries. Resolution with OSHA resulted in no admission by client of a violation of a regulation proximately causing the collapse.
  • Representing client relating to OSHA’s investigation of incident resulting in electrocution of worker while working around power transmission machinery. Resolution with OSHA resulted in no finding that client violated any OSHA standard proximately causing incident.
  • Representing client relating to OSHA’s investigation of unanticipated drop of a 23 ton steel coil from a crane’s lifting device resulting in a fatality.   After investigation, OSHA did not find that client violated an OSHA standard  proximately causing unanticipated drop of coil or fatality.
  • Representing client relating to OSHA’s investigation of claim by employee that he was unlawfully discharged from his employment for making claim of a safety issue to OSHA. Successfully defended client in front of OSHA where after investigation, OSHA dismissed complaint.
  • Representing client relating to OSHA’s investigation of claim by employee that he was unlawfully discharged from his employment for participating in an OSHA investigation. Successfully defended client in front of OSHA where after investigation, OSHA dismissed complaint.
  • Representing client relating to the EEOC’s investigation of claim by employee that she was unlawfully discharged from her employment based upon her gender. Successfully defended client in front of EEOC where after investigation, EEOC dismissed complaint.
  • Representing client relating to the EEOC’s investigation of claim by employee that he was unlawfully discharged from his employment based upon his age and race. Successfully defended client in front of EEOC where after investigation, EEOC dismissed complaint.
  • Representing client relating to the EEOC’s investigation of claim by employee that she was unlawfully discharged from her employment after making complaints of sexual harassment. Successfully defended client in front of EEOC where after investigation, EEOC dismissed complaint.
  • Representing public entity client in connection to claim of disability discrimination before Ohio Civil Rights Commission by individual alleging that her rights to access the entity were unlawfully violated as a disabled individual. Successfully defended client at a hearing before the Ohio Civil Rights Commission where Commission dismissed complaint.
  • Representing client in federal court in connection with wage and hour claim involving plaintiffs, asserting collective and class action status, involving alleged failure to pay for all hours worked, unpaid overtime, and related claims.
  • Counseling clients on, and successfully defending, claims of alleged employee injuries and related extent of disability issues in connection with workers’ compensation claims before state agencies and in courts.
  • Serving as outside general counsel for clients on all types of issues that may face a client.
  • Counseling clients on, and litigating issues relating to, alleged misappropriation of trade secrets and intellectual property.
  • Representing clients before courts and the American Arbitration Association on breach of contract, tortious interference, fraud, and other business law claims.
  • Counseling clients based in South Korea in Korean language.
  • Counseling clients on, and litigating issues relating to, development and distribution of laboratory animals both in the United States and internationally. This experience includes issues that relate to trademarks, patents, distribution agreements, technical transfer agreements, and international law.
  • Representing client in federal court challenging constitutionality of minority business enterprise and female business enterprise set-aside program where utilized by government entity to deny client an award of a construction contract. Won on summary judgment.
  • Representing client on claim of breach of contract against other partial owners of privately owned movie theatre chain in court, recovering full amount alleged to be owed, plus attorney fees and interest. Won on summary judgment.
  • Representing client on breach of contract claim filed by construction contractor against client in court. Won on dismissal.
  • Counseling clients on, and successfully litigating, issues relating to insurance coverage for liability claims. Successfully defending numerous cases subject to insurance coverage.
  • Representing clients against claims of toxic tort. Won cases on summary judgment.
  • Representing clients in connection with claims involving alleged intentional tort and other general liability theories. Won cases on summary judgment.
Publications
Presentations
  • Numerous presentations on labor and employment issues including, but not limited to, investigating employee claims, proper hiring and discharge procedures, employer wellness programs, employee benefits, GINA, COBRA, ADAAA, FMLA, employee safety and health, OSHA, workers’ compensation, and insurance coverage. Presentations have been sponsored by Lorman's Educational Services, National Business Institute, PBS Television, and the Associated General Contractors of America, among others.
Distinctions
  • Selected for inclusion in The Best Lawyers in America 2018
  • Selected for inclusion in Ohio Super Lawyer Rising Stars by Law & Politics magazine
  • Named a Cincy Business magazine Leading Lawyer
Professional and Civic

Professional Associations

  • Defense Research Institute
  • American Bar Association
  • Ohio State Bar Association
  • District of Columbia Bar Association
Events