Holland & Knight LLP

616 Best Lawyers awards

Holland & Knight LLP logo

Awarded Practice Areas

Appellate Practice Bet-the-Company Litigation Commercial Litigation Litigation - Banking and Finance Litigation - Health Care Litigation - Municipal Litigation - Securities Mass Tort Litigation / Class Actions - Defendants Product Liability Litigation - Defendants

Biography

W. Scott O'Connell is a trial attorney and litigation strategist in Holland & Knight's Boston and New York City offices. Mr. O'Connell focuses his practice on complex commercial disputes involving significant financial and reputational exposure. He has considerable experience leading class action and aggregate litigation as well as parallel government enforcement and regulatory proceedings, most notably involving health service, financial service, energy, technology, telecommunications or manufacturing companies.

Mr. O'Connell has been lead counsel on more than 60 trials, arbitrations, evidentiary injunction proceedings and related appeals in federal and state courts around the country. He provides clients with customized and value-driven strategies for resolving cases on their terms.

In his class action, mass torts and aggregate litigation practice, Mr. O'Connell works closely with businesses to find and implement solutions that limit accruing exposure while also defending the case. He also has considerable experience counseling companies through crisis intervention, internal investigations and parallel proceedings.

In addition, Mr. O'Connell counsels health service providers with regard to reimbursements owed from Medicaid, Medicare and third-party payers. This work involves federal and state litigation as well as Administrative Procedures Act (APA) appeals. In addition, he represents individuals, business entities and political organizations in the defense of constitutionally protected rights and liberties.

Mr. O'Connell's experience includes representing academic medical providers, public universities and private for-profit education institutions in governance, internal investigations and commercial litigation. He has considerable experience defending class actions seeking discharge of private student loans connected to failed for-profit education institutions such as commercial flight schools and beauty academies. Mr. O'Connell is a term trustee of his alma mater, St. Lawrence University. In this role, he has served on the Executive Committee, Presidential Appraisal Committee, Audit Committee and Academic Affairs Committee. Mr. O'Connell is often called upon to assist with issues involving shared governance, board governance and institutional risk avoidance and management.

Prior to joining Holland & Knight, Mr. O'Connell was chair of the litigation department for a global law firm, based in its Boston and Manchester, New Hampshire, offices.

Mr. O'Connell also maintains an active docket of pro bono cases specifically related to the prevention of domestic violence and providing needed access to justice.

    Holland & Knight LLP

    616 Best Lawyers awards

    Holland & Knight LLP logo

    Overview

    • Cornell University, graduated 1991
    • St. Lawrence University, graduated 1987

    • New Hampshire, New Hampshire Bar Association
    • Massachusetts, Massachusetts Bar Association
    • New York, New York State Bar Association
    • Maine, Maine State Bar Association
    • Vermont, Vermont Bar Association
    • District of Columbia, The District of Columbia Bar
    • New Hampshire, New Hampshire Bar Association
    • Massachusetts, Massachusetts Bar Association
    • New York, New York State Bar Association
    • Maine, Maine State Bar Association
    • Vermont, Vermont Bar Association
    • District of Columbia, The District of Columbia Bar
    • Cornell University, graduated 1991
    • St. Lawrence University, graduated 1987

    Client Testimonials

    Scott is, without question, one of the most talented attorneys in practice today. In addition to having a razor-sharp intellect that is able to make complex issues understandable to judges, juries, and obstreperous opposing counsel, he is fundamentally committed to serving his clients' best interests. He is truly the best of the best.

    Rebecca McMahon (Cayhoga Community College)

    Awards & Focus

    Lawyer of the Year Badge - 2023 - Litigation - Health Care Lawyer of the Year Badge - 2022 - Appellate Practice Lawyer of the Year Badge - 2021 - Appellate Practice Lawyer of the Year Badge - 2020 - Bet-the-Company Litigation Lawyer of the Year Badge - 2019 - Appellate Practice Lawyer of the Year Badge - 2018 - Litigation - Health Care Lawyer of the Year Badge - 2016 - Litigation - Securities Lawyer of the Year Badge - 2014 - Litigation - Banking and Finance Lawyer of the Year Badge - 2013 - Litigation - Securities
    Named "Lawyer of the Year" by Best Lawyers® for:
    • Litigation - Health Care, Boston (2023)
    • Appellate Practice, Boston (2022)
    • Appellate Practice, Manchester (2021)
    • Bet-the-Company Litigation, Manchester (2020)
    • Appellate Practice, Boston (2019)
    • Litigation - Health Care, Manchester (2018)
    • Litigation - Securities, Boston (2016)
    • Litigation - Banking and Finance, Boston (2014)
    • Litigation - Securities, Boston (2013)
    Recognized in The Best Lawyers in America® 2026 for work in:
    • Appellate Practice
    • Bet-the-Company Litigation
    • Commercial Litigation
    • Litigation - Banking and Finance
    • Litigation - Health Care
    • Litigation - Municipal
    • Litigation - Securities
    • Mass Tort Litigation / Class Actions - Defendants
    • Product Liability Litigation - Defendants
    Additional Areas of Practice:
    • Arbitration
    • Banking and Finance Law
    • Consumer Protection Law
    • Corporate Governance Law
    • Criminal Defense: White-Collar
    • Financial Services Regulation Law
    • Mass Tort Litigation
    • Product Liability Litigation
    • Securities / Capital Markets Law
    Special Focus:
    • Class Actions
    • Closely-Held Businesses
    • COVID-19
    • Dispute Resolution
    • Finance
    • Shareholder Disputes
    Awards:
    • Manchester Union Leader Forty Under 40

    Case History

    Cases
    • Tuttle v. State of New Hampshire
    Co-Lead Counsel in successful state constitutional challenge of insured medical providers stopping the transfer of $110 million from the New Hampshire Medical Malpractice Joint Underwriting Association to the general fund. Trial court found the legislation an unconstitutional taking of property and an unconstitutional impairment of contract. On appeal, the New Hampshire Supreme Court affirmed in a 3 to 2 decision finding the legislation to be an unconstitutional impairment of contract.
    • Hair Excitement v. L’Oreal USA
    Lead trial and appellate counsel in defense verdict after 5 day trial in which plaintiffs unsuccessfully sought $10 million in damages for alleged unfair and deceptive trade practices under RSA 358-A. The trial judge ruled that L’Oreal’s anti-gray market and anti-diversion campaigns which resulted in the termination of the plaintiff’s rights to its product was not unfair and deceptive trade practices. The New Hampshire Supreme Court affirmed and made new law that RSA 358-A does not provide a right to a jury trial.
    • Honsador Holdings et al. v. Key Principal Partners
    Lead defense trial counsel in six week jury trial in Hawaii for breach of fiduciary duty and unfair and deceptive trade practices. Plaintffs sought $120 million in damages but obtained judgment for much less and under the final demand.
    • Palmer v. Champion Mortgage,
    Successful appeal in the First Circuit Court of Appeals on an issue of first impression concerning the limitations period for the right of recission under the Truth in Lending Act ("TILA).
    • Smart v. American Welding and Tank,
    Lead defense trial counsel in defenseof wrongful death contribution action. After being assessed contribution, successfully got the case reversed and had no liability assessed. Indeed, was awarded attorneys'' fees and costs at the conclusion of the case.

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