Scott D. Powers

Partner

[email protected]

Austin

P: +1.512.322.2678
F: +1.512.322.8392
Scott Powers

Scott Powers is an experienced trial lawyer who leverages his courtroom skills to help clients find creative solutions to difficult problems. He has represented clients at both the trial and appellate level in high-stakes litigation in state and federal courts across the country. For example, he led a trial team that was granted a $50 million jury verdict in federal court in Dallas, for which he was recognized as "Litigator of the Week" by Texas Lawyer.

In over fifteen years of practice, Mr. Powers has handled matters in a variety of areas, including securities litigation, insurance coverage litigation, energy litigation, intellectual property litigation and open records litigation. He recognizes that the best outcomes often come through negotiation rather than prolonged litigation, and he has experience negotiating settlements for his clients in a multitude of complex disputes, including, for example, a multi-party, cross-border settlement agreement that settled a dispute concerning $300 million in assets.

After graduating from law school, Mr. Powers served as a law clerk to the Honorable William Wayne Justice, Senior United States District Judge for the Western District of Texas.

Related Experience

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

Awards & Community

Recognized by Texas Lawyer for his work in the Janvey v. Maldonado case ranked the #1 verdict in the securities category and #7 overall, July 2016

Recognized by The National Law Journal in the "Top 100 Verdicts of 2015" for his work in the Janvey v. Maldonado case, April 22, 2016

Recognized as "Litigator of the Week" by Texas Lawyer, December 9, 2015

Named a Texas Super Lawyer-Rising Star (Thomson Reuters), 2004, 2007-2009

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