Scott A. Keller

Practice Group Chair - Appellate (Firmwide) Partner

Scott Keller

Washington, D.C.

P: +1.202.639.7837 F: +1.202.585.1023

Austin

P: +1.512.322.2500

Intellectual Property

  • Successfully argued on behalf of car and technology manufacturers in major copyright case. Alliance of Artists & Recording Companies, Inc. v. Denso Int’l Am., Inc., 947 F.3d 849 (D.C. Cir. 2020).
  • Led 17-State amicus coalition in case successfully limiting patent venue. TC Heartland LLC v. Kraft Foods Group Brands LLC, 137 S. Ct. 1514 (2017).

Securities and Class Actions

  • Successfully obtained settlement for hedge fund after appealing fiduciary-duty class action certification order from Delaware Chancery Court. Mangrove Partners Master Fund, Ltd. v. Schechter, No. 191, 2019 (Del. June 20, 2019).

Antitrust

  • Successfully retained $450 million antitrust verdict. United States & Texas et al. v. Apple, Inc., 791 F.3d 290 (2d Cir. 2015), cert. denied, 136 S. Ct. 1376 (2016).

Federal and State Regulatory

  • Successfully represented 26-State coalition in Administrative Procedure Act challenge to federal agency action on immigration. United States v. Texas, 136 S. Ct. 2271 (2016) (per curiam).
  • Successfully co-led 29-State coalition obtaining unprecedented pre-review stay of EPA rulemaking. West Virginia & Texas et al. v. EPA, 136 S. Ct. 1000 (2016).
  • Successfully obtained stay of EPA regional haze rule implicating $2 billion in costs. Texas v. EPA, 829 F.3d 405 (5th Cir. 2016).
  • Successfully persuaded Texas Supreme Court to unanimously overrule seven different courts of appeals in holding that a deadline for challenging an agency decision was not jurisdictional. Tex. Mut. Ins. Co. v. Chicas, 2019 WL 1495202 (Tex. 2019),

Elections

  • Successfully defended state redistricting plans against constitutional and Voting Rights Act challenges. Abbott v. Perez, 138 S. Ct. 2305 (2018).
  • Successfully defended state redistricting plan against one-person, one-vote challenge. Evenwel v. Abbott, 136 S. Ct. 1120 (2016).
  • Successfully defended campaign finance laws. King Street Patriots v. Tex. Democratic Party, 521 S.W.3d 729 (Tex. 2017).
  • Successfully defended voter-ID law. Veasey v. Abbott, 888 F.3d 792 (5th Cir. 2018).

Water

  • Successfully represented a State in original jurisdiction interstate water dispute. Texas v. New Mexico, 138 S. Ct. 954 (2018).

Tax

  • Successfully defended against tax claims implicating potentially $3 billion. Graphic Packaging Corp. v. Hegar, 538 S.W.3d 89 (Tex. 2017).
  • Successfully defended state tax law. Hegar v. Tex. Small Tobacco Coal., 496 S.W.3d 778 (Tex. 2016).

Healthcare

  • Successfully defeated $1 billion counterclaims in Medicaid fraud case. Nazari v. State, 2018 WL 3077659 (Tex. 2018).

Preemption

  • Successfully defended state laws on immigration against preemption challenge. City of El Cenizo v. Texas, 890 F.3d 164 (5th Cir. 2018).
  • Prevailed in challenging municipal ordinance as preempted by state law. City of Laredo v. Laredo Merchants Ass’n, 550 S.W.3d 586 (Tex. 2018).

Punitive Damages

  • Successfully argued for application of exemplary damages cap. Wal-Mart Stores, Inc. v. Forte, 497 S.W.3d 460 (Tex. 2016).

Education

  • Successfully defended public-school finance laws against constitutional challenges. Morath v. Tex. Taxpayer & Student Fairness Coal., 490 S.W.3d 826 (Tex. 2016).

First Amendment

  • Successfully defended a state license plate program against a First Amendment challenge. Walker v. Tex. Div., Sons of Confederate Veterans, 135 S. Ct. 2239 (2015).

Fourth Amendment

  • Obtained summary reversal granting qualified immunity from trial to a police officer. Mullenix v. Luna, 136 S. Ct. 305 (2015) (per curiam).

Eighth Amendment and Prisoner Challenges

  • Successfully defended criminal sentence in federal habeas corpus case. Davila v. Davis, 137 S. Ct. 2058 (2017).
  • Successfully defended state law against Eighth Amendment challenge. Whitaker v. Collier, 862 F.3d 490 (5th Cir. 2017).