Scott Martin is a shareholder in the Litigation Practice of Greenberg Traurig’s New York office. He focuses his practice in the areas of antitrust and complex commercial litigation. He has been instrumental in the defense of numerous high-profile antitrust class actions and civil and criminal international cartel cases for more than a decade. Scott’s experience extends to bench and jury trials in federal and state courts, complex federal multidistrict actions, class actions involving direct and indirect purchasers, parens patriae cases, Federal Trade Commission (FTC) and Department of Justice (DOJ) investigations as well as other regulatory actions, foreign discovery proceedings and qui tam litigation. Scott also regularly counsels across a wide 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.
Clients interviewed by leading legal publications have commented that Scott is a “terrifically talented and surefooted” litigator, “an astute operator who always adds value to proceedings,” and a business-oriented 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.”
- Antitrust Law
- Litigation - Antitrust
- Other Court Admissions —
- Supreme Court of the United States
- Areas of Concentration —
- Complex commercial litigation
- Class action
- Significant Representations —
- 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.
- Part 2 —
- 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.
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