Scott C. Thomas

Scott’s experience includes representing:

• Ramirez v. ExxonMobil, et al. (N.D. Tex): Trial counsel for ExxonMobil and three former executives, in a class-action securities fraud action.  After a three-week trial, the jury returned a complete defense verdict for all four defendants, clearing the company and its executives of any wrongdoing.
• United States of America v. Alan Andrew Beauchamp, et al. (N.D. Tex.): Trial counsel for Dr. William Daniel Nicholson IV, a well-known bariatric surgeon and founder of the Nicholson Clinic for Weight Loss Surgery in Dallas, in a case alleging healthcare bribes and kickbacks. Of the 21 defendants indicted, nine defendants pleaded not guilty and were tried in a single, seven-week trial. Nicholson was the only defendant acquitted of all charges*
• SEC v. Mark Cuban (N.D. Tex): Represented Mark Cuban in a civil insider trading case. After a three-week trial, the jury returned a verdict for Mr. Cuban, clearing him of any wrongdoing*
• Casey v. Simmons (Dallas County 192nd District Court): Represented one of three plaintiffs in a breach of fiduciary duty case in Dallas County. After a two-week trial, the jury awarded US$178.7 million in damages, including US$145 million in punitive damages, which was a Top 15 verdict of 2009 according to the National Law Journal. Obtained a favorable settlement for the firm’s client after entry of judgment on the verdict*
• E.T. v. Morath, et al. (W.D. Tex.): Trial counsel for seven children with disabilities challenging legality of Texas Governor’s executive order banning mask mandates in public schools. The proceedings were expedited and a bench trial was held seven weeks after the complaint was filed. After the trial, the court held that that the executive order violated the Americans with Disabilities Act, was preempted by federal law, and permanently enjoined its enforcement*
• Sabre Corporation, et al., v. The Insurance Company of the State of Pennsylvania, et al. (New York Supreme Court, Commercial Division): Represented Sabre and related entities in an insurance coverage case against two insurance companies relating to the insurers’ failure to defend and indemnify Sabre in a major piece of litigation. Obtained summary judgment at the trial court level declaring that the insurers had a duty to defend Sabre and a disqualifying conflict of interest prevented the insurers from controlling the defense. Scott argued the insurers’ appeal of that order to the Appellate Division of the Supreme Court, First Judicial Department, which unanimously affirmed the trial court’s summary judgment ruling. The case settled shortly before trial was scheduled on damages*
• ITG Fund Management LLC, et al. v. Bank of New York Mellon Trust Company, et al. (Dallas County 116th District Court): Lead counsel for two Oppenheimer Funds entities in a breach of contract and fiduciary duty case relating to an investment in a student housing facility in College Station, TX*
• Rysher Entertainment, et al. v. Cox Media (Los Angeles County Superior Court, CA): Represented Rysher Entertainment, 2929 Entertainment, and Qualia Capital as plaintiffs in a contractual indemnification case arising out of underlying litigation brought by the actor Don Johnson related to the television show Nash Bridges. Obtained summary judgment from the trial court holding that the defendant was liable, and the case settled shortly before a scheduled damages trial was to begin*
• Hillwood Investment v. Dallas Basketball Ltd., et al. (Dallas County 192nd District Court): Represented Defendant Mark Cuban and the Dallas Mavericks in a minority shareholder oppression and receivership case brought by a minority owner of the Dallas Mavericks. Obtained summary judgment on behalf of all defendants on all claims two weeks prior to trial. The case is pending on appeal*
• Hillwood Center Partners, L.P. v. Radical Cuban LLC, et al. (Dallas Co. TX; American Arbitration Association): Defended Mark Cuban and Dallas Mavericks entities. Obtained an award in favor of clients, including an award of fees in their favor on claims brought by Hillwood Center Partners, L.P/Ross Perot, Jr. regarding the alleged breach of contract and breach of fiduciary duty in the alleged wrongful diversion of certain profits of American Airlines Center to the Dallas Mavericks basketball operations*
• In re Fossil Derivative Shareholder Litigation (N.D. Tex.): Represented certain officers and directors of Dallas-based Fossil, Inc. in a shareholder derivative action alleging stock option backdating. Obtained favorable settlement for the officers and the company*
• Represented a Fortune 50 technology company in bringing a multimillion-dollar suit against former high-level employees who, while still employed by the client, covertly organized and began operating a competing business venture using the client’s resources, contacts, and trade secrets to steal product designs, market analyses, and other confidential and proprietary business information. After prevailing in jurisdictional dispute, the case settled*

*Matter handled prior to joining Latham