Professionals

Scott Thomas

Partner

Overview
Experience
Credentials
Insights & News

Scott is an accomplished trial lawyer with substantial experience in commercial litigation, securities litigation, and white-collar criminal cases in federal and state courts in Texas, New York, and California. His jury trial successes include the lone acquittal in a healthcare fraud case with 21 defendants.

Scott has obtained favorable results for clients such as Mark Cuban, Sabre Corporation, the Dallas Mavericks, 2929 Entertainment, and many others in litigation in federal and state courts in Texas, New York, and California. He has represented technology, financial service, and entertainment companies, as well as individuals, in areas such as securities, fiduciary duty, fraud, minority shareholder claims, trade secrets, insurance disputes, breach of contract, and criminal investigations and trials.

For the past several years, Scott has represented billionaire entrepreneur Mark Cuban and several of his companies in high-stakes litigation. One such example is representing Mr. Cuban in a civil insider trading suit brought by the Securities and Exchange Commission. After a three-week trial in federal court in Dallas, Mr. Cuban was cleared of all claims and any wrongdoing.

In 2021, Scott served as trial counsel to seven school children who challenged the Texas Governor’s executive order banning mask requirements in Texas schools. After a bench trial that was held just seven weeks after the case was filed, the Court ruled in the school children’s favor holding that the executive order violated the Americans with Disabilities Act and permanently enjoined the enforcement of the Governor’s executive order.

In 2019, Scott was trial counsel to Dr. William “Nick” Nicholson IV in a healthcare fraud case in a federal court in Dallas. After a seven-week trial of nine defendants, Dr. Nicholson was the only defendant acquitted of all charges.

Scott represents both plaintiffs and defendants and has obtained favorable results for his clients, including a verdict for one of three individual minority shareholders of over US$178M in 2009, which was recognized as one of the nation’s top verdicts according to the National Law Journal. Recently, he has obtained summary judgments in favor of his clients as plaintiffs in significant indemnification leading to settlements right before trial.

Scott has also represented privately and publicly held companies in securities and contractual disputes. These matters include cases brought by shareholders against officers and directors of a publicly held company for matters such as stock option backdating, insurance disputes, rogue employees and executives, and disputes over contracts related to intellectual property.

Prior to his legal career, Scott worked at the international accounting firm of PricewaterhouseCoopers, LLP (1999–2001).

Key Matters

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.
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.
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.
Casey v. Simmons (Dallas County 192^ndDistrict 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$178.7M in damages, including US$145M 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.
ITG Fund Management LLC, et al. v. Bank of New York Mellon Trust Company, et al. (Dallas County 116^thDistrict 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 192^nd 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.
Schroeder v. Wildenthal, et al. (N.D. Tex.) – Represented a former Managing Partner of Akin Gump law firm in case alleging claims of conspiracy and breach of fiduciary duty. Obtained dismissal of all claims, which was affirmed by the U.S. Court of Appeals for the Fifth Circuit.
Worldwide Express Operations LLC, et al. v. DHL Express USA Inc. (Dallas County 192^nd District Court) – Represented Worldwide Express, and obtained a jury verdict in the client’s favor finding that the defendant, DHL Express, had committed fraud, trade secret misappropriation, and a breach of contract, to the tune of US$7.1M. Additionally, the jury zeroed out DHL’s US$28M counterclaim for millions of packages shipped by Worldwide’s franchisees during the Christmas high season when DHL decided it would announce its pullout from the U.S. market.
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 computer/printer company in bringing 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.

Recent Experience

Secured Full Dismissal on Brink of Trial of Criminal Charges Against Dentist in Alleged US$158M Health Care Fraud and Money-Laundering Scheme

Secured Headline-Grabbing Win Blocking Enforcement of Texas Governor’s Order Prohibiting Masks in Schools During Pandemic

Secured Sole Acquittal for Doctor in Massive, High-Stakes Multi-Defendant Health Care Fraud Trial

Capabilities

Litigation/Trials

Commercial Litigation & Disputes

Trade Secrets, Non Competes & Restrictive Covenants

Securities, M&A & Corporate Governance Litigation

Government Investigations, Enforcement & Compliance

Financial Services

Insurance

Media & Entertainment

Sports

Key Matters

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.
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.
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.
Casey v. Simmons (Dallas County 192^ndDistrict 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$178.7M in damages, including US$145M 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.
ITG Fund Management LLC, et al. v. Bank of New York Mellon Trust Company, et al. (Dallas County 116^thDistrict 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 192^nd 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.
Schroeder v. Wildenthal, et al. (N.D. Tex.) – Represented a former Managing Partner of Akin Gump law firm in case alleging claims of conspiracy and breach of fiduciary duty. Obtained dismissal of all claims, which was affirmed by the U.S. Court of Appeals for the Fifth Circuit.
Worldwide Express Operations LLC, et al. v. DHL Express USA Inc. (Dallas County 192^nd District Court) – Represented Worldwide Express, and obtained a jury verdict in the client’s favor finding that the defendant, DHL Express, had committed fraud, trade secret misappropriation, and a breach of contract, to the tune of US$7.1M. Additionally, the jury zeroed out DHL’s US$28M counterclaim for millions of packages shipped by Worldwide’s franchisees during the Christmas high season when DHL decided it would announce its pullout from the U.S. market.
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 computer/printer company in bringing 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.