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, breach of collective bargaining agreements, trade secrets, wage and hour issues under the Fair Labor Standards Act and related state statutes, safety and health, employment torts, state unemployment tax account liability, workers’ compensation, disability and leave issues, and unfair labor practice charges. 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, alleged misappropriation of trade secrets and intellectual property.

Scott serves as outside general counsel for clients. He counsels clients on, and assists clients with meeting, regulatory compliance obligations involving federal, state, and international obligations involving a variety of business issues. This includes issues relating to, but not limited to, privacy and security, employment, sales and distribution of products and business services. Scott also assists clients with, and litigates, contracts, issues of breach of contract, torts, intellectual property, general liability, unfair competition, and international law.

Scott's litigation experience includes single party, collective, and class actions. He has successfully represented clients at jury trials, bench trials, and administrative proceedings. His experience includes representing 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.

Scott represents clients, which range from small to Fortune 500 size companies, involved in retail, manufacturing, health care, distribution, cosmetics, energy, logistics, 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.

Experience
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 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. Successfully obtained dismissal of numerous complaints and charges.
  • Representing client in federal court against wage and hour claim 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.
  • 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 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 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.
  • 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.
  • 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.
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, 2019 and 2020
  • 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