Listed in Best Lawyers since 2012
Scott Martin is the founding partner of Hausfeld LLP's New York office, has played a major role in defending many of the largest antitrust class action cases of the last two decades, and has negotiated resolutions of numerous regulatory investigations and actions on behalf of corporate clients. He has been consistently recognized for years as one of the leading antitrust litigators in New York and the country by every significant ranking organization, including The Best Lawyers in America (Antitrust Law and Litigation - Antitrust), among others. Clients, colleagues, and adversaries have referred to Scott as a “terrifically talented and surefooted” litigator” and “an astute operator who always adds value to proceedings” while also serving as a “business-orientd lawyer who looks to see what the overall issues are and determines how best to approach the representation of those interests, including common sense approaches to exit strategies where feasible.”
Scott’s practice extends to bench and jury trials in both federal and state courts, complex federal multidistrict actions, class actions involving direct and indirect purchasers, parens partial cases, FTC and DOJ investigations as well as other regulatory actions, and qui tam litigation. He also has two decades of counseling experience across a broad range of industries on pricing, distribution, competitive intelligence, joint ventures, and non-compete agreements, among other competition issues, and has designed antitrust compliance programs for some of the world’s largest corporations.
Scott is a frequent lecturer and panelist who has also published practical advice on various antitrust topics. In addition to serving on the Editorial Board of Antitrust Law Developments and Competition Law360, Scott is a co-editor (along with Irving Scher of Hausfeld) of the fifth edition of the multi-volume treatise Antitrust Adviser, and has authored the New York State chapter of the ABA's state antitrust treatise for each of the past three editions. Scott is a member of the Executive Committee of the New York State Bar Association’s Antitrust Section, and he has long been active in the leadership of the American Bar Association Section of Antitrust Law (including having serve as chair of the Trial Practice Committee and the Business Torts & Civil RICO Committee, among other positions).
Other Court Admissions
- Supreme Court of the United States
Areas of Concentration
- Complex commercial litigation
- Class action
- Obtained summary judgment for defendant in class action alleging attempted monopolization in waste disposal industry.
- Structured early resolution of monopolization claims in recycling industry.
- Obtained complete dismissal, in widely cited decision, of price discrimination claims against major retailer involving multiple plaintiffs and scores of automotive parts and products.
- Defeated injunctive class certification in case of first impression and obtained order precluding all damages in price discrimination and state law unfair competition litigation against major retailer, leading to dismissal of action.
- Negotiated resolution of significant DOJ actions with no action taken with respect to our client alone.
- Defended major health insurance company against monopolization allegations and other competition-related claims. Plaintiff abandoned claims after successive motions to dismiss.
- Obtained a complete defense jury verdict against a competitor’s challenge to bundled rebates on medical products, and subsequently reached resolutions of direct purchaser class actions and of a similar competitor action for less than one percent of asserted damages claims.
- Defended carbon fiber manufacturer in connection with a six-year criminal investigation by the DOJ into possible price-fixing and market allocation (no indictment issued), as well as related federal class action, opt-out case, state indirect purchaser class action, and False Claims Act litigation, all of which were resolved.
- Structured a widely-reported, crucial resolution of a massive litigation involving claims that the major recorded music companies and three major retail chains fixed the prices charged to consumers of pre-recorded CDs in violation of federal and state antitrust and consumer protection laws, with an innovative product-based settlement and a cash payment of less than ten percent of the amount originally sought.
- Coordinated multi-jurisdictional litigation involving business-critical non-compete issues for leading fund-raising organization.