Co-team leader of the Litigation Practice Group, Scott Tyler has spent nearly two decades successfully representing some of the nation’s largest financial services, manufacturing, real estate, and other companies in a range of complex disputes. He offers a practical approach to achieve balance between business considerations and zealous advocacy. Rather than indiscriminately turning over every stone, Scott focuses his time—and his clients’ resources—on a more strategic path, mapping out a case step by step, from pleadings to motions, discovery, and on to trial. He is prepared to seek a prompt but favorable compromise or to fight aggressively for his clients’ interests as needed. As co-team leader, he guides other attorneys using the same thoughtful yet effective approach. Scott also has served on the firm’s management committee.
Financial Services Litigation
Scott has represented some of the largest of national banks as well as many regional and community financial services institutions in cases involving complex financial transactions that have gone awry. Working with special assets and workout groups and banking executives, he understands lenders’ unique challenges and devises strategies to resolve their disputes effectively. He has also represented banking executives named individually in such actions. Scott seeks and has obtained early dismissals of individual defendants through motion practice and otherwise, freeing them from further exposure and expense.
Real Estate and Construction Litigation
Scott has substantial experience in real estate litigation, representing clients in buyer-seller agreements, commercial lease disputes, commission claims, and construction disputes. In particular, where significant commercial leases are involved, Scott has obtained favorable outcomes for not only landlords, but also for tenants, by seeking to ensure that lease terms are fully enforced consistent with party intent and applicable law.
Scott has also resolved multimillion-dollar commercial construction project disputes. Representing owners, sureties, and contractors in cases involving storage and distribution facilities, corporate headquarters, manufacturing and industrial plants, hotels, and more, he has secured positive results in settlement, arbitration, on motion practice, and at trial. Implementing his practical litigation experience, he also protects his clients’ interests before issues arise by negotiating and drafting construction contracts with an eye to successful project completion including efficient resolution of claims.
Plaintiffs often assert novel or vague tort claims including constructive fraud; duress; unfair and deceptive trade practices; breach of fiduciary duty; civil conspiracy; and breach of the duty of good faith. Drawing upon his knowledge of complex financial and business transactions, Scott has extensive experience defeating these types of claims by discerning and focusing on their weaknesses. In arbitration and at trial, he has obtained numerous findings of no liability, as well as multi-million dollar damage awards for his clients.
Similarly, Scott has successfully represented clients in numerous commercial contract disputes, including those regarding the sale of goods, supply contracts, maintenance contracts, and other services agreements. He has the ability to separate superfluous issues from material ones, focusing instead on the most beneficial interpretation of the contract terms themselves. As a result, Scott has often prevailed in such cases through favorable settlements, dispositive motions, arbitration, and court and jury verdicts.
- Author, "Liquidating: Stipulated Damages for Delay in Public Construction Contracts,” 44 Duke L.J. 357 (1994)
- Law Clerk to Honorable Thomas J. McAvoy, United States District Court, Northern District of New York, 1995-1996
- AV peer review rated, Martindale-Hubbell legal directory
- Chairman, Town of Matthews Transportation Board, 2003-2004
- Vice President and General Counsel, Charlotte Trolley, Inc., 2004-2008
- Board of Trustees, Charlotte Urban Ministry Center, 2015-present