An Ann Arbor native and University of Michigan alumnus, Scott joined Foster Swift upon graduation from Washington & Lee in 1979, where he served as Executive Editor of the Law Review.
Appreciative of the fact that he entered the profession at a time when he was able to immerse himself into a wide variety of legal disciplines versus specializing in just two or three areas, Scott has a broad palette of expertise and has handled cases involving just about every kind of law including insurance, estate planning, employee benefits, contracts, labor, civil rights, products liability, trade secrets, tax, corporate law, administrative law, utilities, environmental, oil and gas, criminal law, class actions, real estate, professional malpractice (attorneys, accountants, physicians, veterinarians, etc.), bankruptcy, education, defamation, sports and entertainment, personal injury, banking, collections, agri-business, natural resources. To date, he has tried over 60 cases in 25 different jurisdictions and has represented Foster Swift clients in litigation in every county in the Lower Peninsula and four counties in the Upper Peninsula.
Scott's broad expertise has uniquely qualified him to be an effective mediator. He is certified under Supreme Court rules to serve as a Circuit Court Civil Mediator. His range of legal knowledge also led to his selection as the firm's first General Counsel, a position he has held officially since 2006.
Today, in addition to serving as Foster Swift's general counsel, Scott's practice now focuses on:
- Energy Law: Assisting clients with oil and gas, wind power, alternative energy, administrative hearings, litigation, environmental, leasing, land use and matters before the Michigan Public Service Commission and the Michigan Department of Environmental Quality.
- Law of Lawyering: Counseling attorneys and law firms on the legal aspects to the practice of law including law firm partnership and employment issues, insurance, malpractice, client conflicts, and counseling attorneys on matters before the State Bar of Michigan such as grievances, Bar appeals and attorney discipline.
- Litigation: Representing clients in insurance, professional liability, products liability, contract disputes, intellectual property, trade secrets, personal injury, real estate, employment, civil rights, agri-business, and banking matters in all stages of arbitration, mediation and litigation.
- Construction: Providing legal counsel on construction defects, contracts, permits and licensing, land use and zoning, construction management, insurance and related-litigation.
- Appeals: Developing appellate briefs and oral argument strategies on behalf of clients.
Adding to an already diverse professional portfolio, Scott is active in many professional and community organizations in addition to holding a residential builder license for the State of Michigan.
U.S. District Court for the Western District of Michigan
U.S. District Court for the Eastern District of Michigan
Bankruptcy Court of the Western District of Arkansas
U.S. Sixth Circuit Court of Appeals
U.S. Supreme Court
— Representative Matters
- Provided lead counsel for the oil and gas industry in administrative hearings and testimony that resulting in overhaul of state-wide spacing rules for Antrim gas wells in Michigan.
- Defended successfully four class action matters involving the calculation of royalties on oil and gas and application of Michigan severance tax.
- Investigated trade secret theft matter, identified responsible individuals and successfully prosecuted in civil court.
- Represented successfully a reinsurance company in litigation that culminated in reported appellate decision of "first impression" in Michigan that clarified reinsurer's obligation when reinsured excess carrier contributes to settlement of underlying claim for less than limits of the primary policy.
- Won rare order of "preemptory reversal" in the Michigan Court of Appeals, reinstating a jury verdict of no cause for action in traffic accident case.
- Success in preliminary motions for partial summary judgment allowed a suit brought against our client, alleging claims under the Lanham Act for violation of trademarks and trade dress to be settled favorably for our client.