Scott combines a robust practice with management of the firm’s national Litigation Practice. He guides clients through a wide range of contract and other commercial disputes, particularly in the commercial real estate, private equity and retail and consumer product industries. His private equity work involves ownership, merger and acquisition, and other disputes related to deals and business structures. His commercial real estate work involves handling disputes around transactions, ownership, construction, access, and related issues. Scott has successfully handled litigation matters across the country in numerous federal and state courts and agencies.
Scott is the Section Head for the Litigation Practice. He represents clients in a variety of commercial disputes, focused primarily on real estate and corporate and probate fiduciary matters. Much of Scott's practice involves fiduciary disputes between shareholders of private companies. He counsels clients on achieving the most effective and efficient means of resolving these unique disputes, either through litigation or negotiated agreements.
Scott’s Real Estate work includes representing clients regarding commercial lease disputes and advising development and construction clients in the contracting and permitting process. His practice also includes litigating construction disputes, land use decisions, issues related to joint ownership matters, and commercial lease cases.
He has appeared before the US District Court, United States Bankruptcy Court, Massachusetts Superior Court, Massachusetts District Court, Massachusetts Housing Court, and Massachusetts Probate and Family Court as well as various state, federal, and local regulatory bodies. He has tried numerous cases, and he has also argued appeals before the Massachusetts Appeals Court and the Supreme Judicial Court.
Scott is Co-chair of Mintz Professional Development (MLPD), which provides and coordinates all of the firm’s attorney training programs. In addition to serving as an instructor for MLPD, he has been an instructor for Massachusetts Continuing Legal Education.
During law school, he was a member of the National Moot Court Team.
He coaches various Hingham youth athletic teams.
Education
- Boston College (JD, magna cum laude)
- College of the Holy Cross (BA)
Experience
- Argued successfully before the Massachusetts Supreme Judicial Court to establish the law in the Commonwealth on judicial estoppel.
- Successfully represented a holder of more than $500M of debt on a Boston office tower complex in a bankruptcy filed by the property owner.
- Represented a hedge fund in a case where a former employee claimed an ownership stake in the fund which our client contended was obtained through a breach of fiduciary duty. The case involved novel issues of law on fiduciary duty and wiretap law.
- Represented a $2 billion photovoltaic manufacturer of energy solutions in a dispute with a supplier of inverters and associated warranty services. The case tuned on contractual notice requirements.
- Secured summary judgment for joint venture client in a dispute over ownership rights associated with a $80 million+ hotel property.
- Representing a national investment firm in connection with ongoing litigation related to a $150 million investment our client made in a company that has been plagued by fiduciary problems and mismanagement.
- Secured dismissal on summary judgment of claims asserted in connection with a film investment and production transaction.
- Obtained relief against commercial real estate borrower of $25M to prevent stripping of value of security pledged through complex corporate structure.
- Represent a global medical technology company in multi-jurisdictional dispute with suppliers of key safety components of both digital mammography systems and MRI machines manufactured by our client.
- Extricated officer from claims by retail advertising company that officer had breached fiduciary duties and engaged in self-dealing.
- Represented the unsecured creditors’ committee in the Ch. 11 filing of Clark-Cutler-McDermott Company, an auto parts manufacturing company. Our representation included litigation against General Motors, LLC, the senior secured creditor and the debtors’ primary customer, for: (i) breach of contract; (ii) breach of fiduciary duty; (iii) fraud; (iv) unfair and deceptive business practices; (v) avoidance of liens; and (vi) equitable subordination.
Recognition & Awards
- Massachusetts Super Lawyers: Closely Held Business (2005 – 2019)
- Benchmark Litigation: Litigation Star (2020)
- Best Lawyers in America: Commercial Litigation (2020)
- Best Lawyers in America: Real Estate Law (2020)
- Martindale-Hubbell AV Preeminent
Involvement
- Member, Massachusetts Bar Association
- Member, American Bar Association
- Member, Boston Bar Association
- Hingham Historic Districts Commission
Recent Insights
Viewpoints
Private Equity Opportunity in Litigation Financing
April 18, 2018|Alert
News & Press
Events
Viewpoints
Private Equity Opportunity in Litigation Financing
April 18, 2018 | Alert | By Scott Ford, Kurt Steinkrauss
Making “Material Adverse Change” Mean What You Choose It to Mean — Neither More nor Less
April 9, 2014 | Alert | By Robert Burwell, Scott Ford
News & Press
Old-School Mass. Courts Ill-Equipped For Pandemic, Attys Say
March 26, 2020 | Law360
