Scott D. Powers

Partner

Scott Powers Photo

Austin

P: +1.512.322.2678 F: +1.512.322.8392

Mr. Powers has handled a variety of complex business litigation matters, including:

Securities Litigation

  • Represented an SEC receiver appointed in connection with a multi-billion dollar securities fraud; handled numerous litigation matters in the federal bankruptcy and district courts and in the Fourth and Fifth Circuit Courts of Appeal
  • Lead trial lawyer in breach of fiduciary duty case against former treasurer of entity in Receivership, received $50 million jury verdict in favor of Receiver
  • Argued case in Fifth Circuit Court of Appeals and received affirmance of a summary judgment against five national political committees
  • Represented Receiver against foreign-appointed liquidator in bench trial involving dispute arising under Chapter 15 of the U.S. Bankruptcy Code
  • Represented Receiver in district court and at the Fifth Circuit Court of Appeals in dispute over enforcement of arbitration agreements
  • Represented a national financial services firm in Texas state district court, in Texas federal district court, and at the Fifth Circuit Court of Appeals in cases alleging securities fraud
  • Represented a broker-dealer in Texas state court lawsuit filed by former investment advisor alleging securities fraud and related theories
  • Represented a multinational oilfield services company in Texas state court shareholder derivative lawsuit and in Texas federal court securities class action lawsuit
  • Represented a consumer products company in Texas state court lawsuit involving allegations of breach of fiduciary duty in connection with proposed merger

Insurance Coverage Litigation and Counseling

  • Represented an SEC receiver in dispute concerning insurance coverage owed to the entity in receivership, including in the negotiation of a $65 million settlement agreement to settle the dispute
  • Represented a financial services firm in the submission of insurance coverage claims and in disputes with insurance carriers over the recovery of proceeds
  • Provided advice and counseling to companies in various industries in connection with their evaluation of existing and prospective insurance policies

Energy Litigation

  • Represented a leading multinational energy company in a Texas state court lawsuit alleging Texas Clean Air Act violations
  • Represented a manufacturer of fracking equipment in Texas state court lawsuit alleging business disparagement
  • Represented a global management consulting and technology services company in contract dispute with natural gas delivery company and in related investigation by state public utility regulatory body
  • Represented an investment bank in Texas state court lawsuit alleging breach of loan agreement related to investment in drilling rig technology and seeking repossession of collateral for loan
  • Represented an international chemical company in connection with third-party discovery related to chemical plant explosion

Intellectual Property Litigation

  • Represented a consumer products company in Nevada federal district court patent infringement lawsuit and in Texas state court lawsuit alleging violation of patent license agreement
  • Represented an international medical products company in Texas federal district court lawsuit involving allegations of patent infringement and civil conspiracy
  • Represented a leading manufacturer of medical equipment in patent infringement lawsuit in California federal district court
  • Represented a nationally known cellular phone company in Texas state district court lawsuit alleging trademark infringement
  • Represented a manufacturer of rail equipment in Texas state district court lawsuit alleging misappropriation of trade secrets
  • Represented a consumer products company in Texas state district court lawsuit alleging trademark infringement

Commercial Litigation

  • Represented a consumer products company in Texas and Florida state district court lawsuits and in private arbitrations alleging breach of contract and related theories
  • Represented a medical billing service provider at Texas administrative agency, in Texas state and federal district courts, the Austin Court of Appeals, the Texas Supreme Court, and in Louisiana state and federal district courts in lawsuits and administrative matters concerning disputes with insurance carriers and third-party administrators
  • Represented a nationally known cell phone company in class action lawsuits in state district courts in Texas and Florida involving alleged violations of the Telephone Consumer Protection Act
  • Represented a medical products company in Texas federal district court lawsuit alleging breach of a distribution agreement
  • Represented a global management consulting and technology services company in private arbitration related to breach of an outsourcing contract by a subcontractor
  • Represented former employees of manufacturer of golf course equipment in Texas state district court lawsuit alleging fraud and negligent misrepresentation

Open Records Litigation

  • Represented a municipal pension system in Texas state district court, Fort Worth Court of Appeals and Texas Supreme Court in Texas Public Information Act litigation
  • Represented clients in various industries (e.g., consulting firms and companies in the fields of technology, telecommunications, and infrastructure) in preparing and submitting briefing to the Office of the Texas Attorney General in support of claims for confidentiality of records and in Public Information Act lawsuits in Texas state district court