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M. ScottYoung

PartnerScott.Young@ThompsonHine.com
Cincinnati

O 513.352.6617

Washington, D.C.

O 202.263.4134

M. ScottYoung

Partner

Focus Areas

Labor and Employment
  • 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, DOL, various state agencies, state and federal courts.
  • Representing and advising clients on legal implications of the Coronavirus (COVID-19) nationally and globally, including compliance with applicable federal, state, and local orders and other applicable laws for employees, contractors, customers, and related best practices. Defending clients, and advising clients, as relating to COVID-19 claims by employees and third parties before state and federal agencies, and 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, demolition, and electrical standards.
  • Counseling clients on, and successfully defending claims, alleging breach of contract and failure to pay appropriate wages under federal and state laws. Successfully defending employers against these types of claims before agencies, state and federal courts.
  • Counseling clients on, and successfully defending claims, alleging violations of collective bargaining agreements and unfair labor practices regarding issues of discharge, discipline, terms and conditions of employment, compensation, among other issues. Representing clients at arbitration hearings over alleged breaches of collective bargaining agreements. Successfully obtained dismissal of numerous complaints and charges.
  • Assisting clients with the negotiations of collective bargaining agreements with unionized workforces.
  • Representing clients in federal court against wage and hour claims by current and former employees, asserting collective and class action status, involving alleged failure to pay for all hours worked, unpaid overtime, and related claims. Successfully obtained dismissal of claims and also resolved claims for less than anticipated defense costs.
  • Representing clients in court against employee claims of breach of contract. Successfully defended claims and resolved on terms favorable for clients.
  • Counseling clients on, and successfully representing clients in court, on issues involving alleged violations of noncompete agreements and thefts of trade secrets.
  • 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 client before the Ohio Civil Rights Commission (OCRC) in connection with claim by employee that he was unlawfully discharged based upon his age. Successfully defended client in front of OCRC where after investigation, OCRC dismissed complaint.
  • 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 OSHA’s investigation of unanticipated collapse of a multilevel parking garage during construction resulting in multiple injuries. Client was responsible for building garage. After investigation, OSHA made no finding that client violated an OSHA standard causing 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 made no finding that client violated an OSHA standard causing 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. After investigation, OSHA made no finding that client violated an OSHA standard causing collapse.
  • Representing client relating to OSHA’s investigation of incident resulting in electrocution of worker while working around power transmission machinery. After litigation before the Occupational Safety and Health Review Commission, OSHA made no finding that client violated an OSHA standard 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 made no finding that client violated an OSHA standard causing unanticipated drop of coil and fatality.
  • Representing client relating to OSHA’s investigation of electrocution and death of worker electrocuted when working on an electrical control panel. After investigation, OSHA made no finding that client violated an OSHA standard proximately causing the electrocution and death of worker.
  • Representing client against state agency in court over issue involving appropriate state unemployment tax rates after reorganization of company into multiple corporate entities. Won on summary judgment.
  • Representing client before state agency over issues involving alleged underpayment of state unemployment taxes. Won following hearing before state administrative agency law judge.
  • Representing client relating to claim of employer intentional tort in Court involving the drop of a 23 ton steel coil from a crane’s lifting device resulting in a fatality to employee. Won case on motion for summary judgment.
  • Representing client relating to claim of employer intentional tort in Court involving the employee’s development of cardiac issues and need for heart transplant from alleged work-place exposures to toxic chemicals. Won case on motion for summary judgment.
  • Representing clients in connection with the defense of alleged employer intentional tort, wrongful death and other serious injury claims in courts resulting from employee and contractor fatalities and/or serious injuries. Won cases on summary judgment.
  • Representing clients in connection with the defense of alleged claims of negligence, premises liability, breach of contract, and wrongful death and other serious injury claims in courts in connection with contractor fatalities and/or serious injuries on job sites. Won cases on summary judgment.
  • 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.
Business Litigation
  • Representing clients before courts on breach of contract, tortious interference, fraud, and other business law claims.
  • Representing client in federal court challenging program utilized by government entity to deny client an award of a construction contract. Won on summary judgment.
  • Representing client before American Arbitration Association on claim of breach of contract relating to distribution agreement, including allegations involving breach of contract, fraud, breach of duty of good faith and fair dealing, tortious interference with contractual and/or business relationships, promissory estoppel, and unjust enrichment. Case resolved on terms favorable for client.
  • Representing client on issues relating to alleged breach of intellectual property rights and distribution agreement subject to American Arbitration Association.
  • Representing client before civil rights commission as relating to allegations of disability discrimination by reason of alleged failure to comply with state and federal law concerning handicap accessibility. Following hearing before civil rights commission, won judgment for client.
  • Representing client in connection with claims that it violated the on Federal Telephone Consumer Protection Act, related state telemarketing act, consumer sales practice act, and invasion of privacy claims in federal court.
  • Representing client in court in connection with claim that it is liable for damages under theory of product liability. Won on summary judgment.
  • Representing client on claim of breach of contract against other partial owners of 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 of breach of real estate agreements with associated claims for damages. Won cases at trial.
  • Representing clients in connection with claims involving alleged intentional tort, negligence, premises liability, and other general liability theories in both court and before arbitrators. Won cases on summary judgment, following trial, and arbitration hearings.
Life Sciences
  • Representing clients in connection with meeting regulatory compliance obligations for distribution and sales of life science products and services throughout United States, Europe, South Korea and other parts of Asia. This includes pharmaceutical, non-pharmaceutical, cosmetics, diets, bedding, among other products.
  • Representing and advising clients on legal implications of the Coronavirus (COVID-19), including compliance with applicable federal, state, and local orders and laws.
  • Assisting clients in connection with growing business through negotiating, drafting, and securing contracts, products, and services with related protections of rights and meeting legal compliance obligations.
  • Counseling clients on, and litigating issues relating to, development and distribution of laboratory animals and related products both in the United States and internationally. This includes assisting clients with obtaining trademarks, negotiating distribution agreements, technical transfer agreements, addressing and protecting patent rights, and application of international law.
  • Counseling clients on issues relating to intellectual property and distribution rights for various life science products considering United States and international laws. These clients include companies and government agencies in the United States, Europe, South Korea and other parts of Asia.
International
  • Counseling clients on the labor provisions of the United States-Mexico-Canada Agreement (USMCA) and related enforcement mechanisms, including but not limited to potential litigation avenues to ensure compliance by competitors as applicable.
  • Representing clients, with operations around the world, in connection with their business relationships in the United States including distribution and other contractual agreements.
  • Advising clients on global considerations, when considering employment policies implemented in the United States.
  • Representing clients, based around the world, in connection with litigation matters in the United States.
  • 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.
  • Selected for inclusion in The Best Lawyers in America© 2018-2023 for Employment Law-Management, and Litigation-Labor and Employment
  • Listed as a Labor and Employment Litigation Star by Benchmark Litigation, 2021
  • Selected for inclusion in Ohio Super Lawyer Rising Stars by Law & Politics magazine
  • Named a Cincy Business magazine Leading Lawyer

Professional Associations

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

Education

  • Case Western Reserve University School of Law, J.D., 1993
  • St. John's College, B.A., 1989

Bar Admissions

  • Ohio
  • District of Columbia

Court Admissions

  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Federal Claims
  • U.S. District Court for the Central District of Illinois
  • U.S. District Court for the Southern District of Indiana
  • U.S. District Court for the Northern District of New York
  • U.S. District Court for the Northern District of Ohio
  • U.S. District Court for the Southern District of Ohio
  • U.S. Supreme Court
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