Kevin H. Scott is an attorney at Huang Ybarra Gelberg & May LLP. Mr. Scott’s practice is focused on commercial litigation at the trial and appellate levels. Mr. Scott’s practice ranges from two-party business and employment disputes to complex, multi-party cases involving securities, antitrust, bankruptcy, and environmental law.
Prior to joining Huang Ybarra Gelberg & May LLP, Mr. Scott was a litigator at Munger, Tolles & Olson LLP. While there Mr. Scott handled a wide variety of complex civil litigation in disputes involving contract, tort, securities, malpractice, and malicious prosecution claims in state and federal courts across the country.
Early in his legal career, Mr. Scott served as a judicial law clerk, first for the Honorable Mariana R. Pfaelzer in the Central District of California and then the Honorable Raymond C. Fisher in the Ninth Circuit Court of Appeals. Mr. Scott also served as a summer clerk at the United States Department of Justice, Antitrust Division.
Mr. Scott received his J.D. from Stanford Law School, where he was an editor on the Stanford Journal of Law, Business & Finance and received the Hilmer Oehlmann Jr. award in legal research and writing. Mr. Scott received undergraduate degrees in economics and history from Stanford University; as an undergraduate Mr. Scott was elected to the Phi Beta Kappa society and received departmental honors.
Before law school, Mr. Scott spent several years as an analyst at Cornerstone Research providing economic and financial analysis to economists testifying as experts in antitrust, securities and intellectual property litigation. As an attorney Mr. Scott regularly draws on this experience in working with testifying experts and critiquing the analysis of opposing experts.
Outside his legal practice, Mr. Scott engages in community and athletic pursuits. He serves on the executive committee of the Bet Tzedek New Leadership Council, which supports comprehensive free legal services for low-income families and individuals in the Los Angeles Area. Mr. Scott has completed numerous marathons and long-course triathlons, including the 2013 Lake Tahoe Ironman.
Mr. Scott is admitted to practice in California and the U.S. District Courts for the Central and Northern Districts of California.
- Secured dismissal of multi-million dollar False Claims Act case at the pleading stage.
- Represented founder of startup company in theft of trade secrets litigation; successfully defeated Temporary Restraining Order and Preliminary Injunction motions.
- Represented financial institutions in residential mortgage-backed securities (RMBS) litigation in federal and state courts across the country, obtaining favorable results including summary judgment and judgment on the pleadings.
- Represented a biotechnology company in a wrongful termination case based on alleged complaints of purportedly illegal and unethical marketing practices. Obtained numerous favorable evidentiary rulings after which the case settled on the second day of trial.
- Obtained summary judgment on behalf of former general counsel and assistant general counsel of Fortune 50 insurer in malicious prosecution claim on the ground that due process required dismissal because counsel’s ethical obligations to their client precluded them from mounting a full defense.
- Represented a Fortune 500 company in suit to recover a contractual indemnity worth several hundred million dollars from the current and former parents of a financially distressed indemnitor.
- Represented a California public utility in an arbitration with a co-owner concerning a $100 million dispute over management of a power plant. The matter settled on the eve of arbitration on favorable terms for the client.
- Defended two large financial institutions in a multi-defendant case seeking over $100 million relating to the alleged looting of a technology company by former management and advisors.
- Represented the former officers and directors of a major financial institution in defending claims relating to institution’s creation and marketing of auction-rate securities.
- Represented a syndicate of sophisticated financial institutions in a fraudulent conveyance case originally filed in New York State Court. Successfully sought removal to federal court based on bankruptcy and Edge Act jurisdiction, transfer to Minnesota bankruptcy court, and stay of proceedings.
- Obtained summary judgment on behalf of employer on Labor Code 970 (wrongful inducement to relocate) and misclassification claims.
- Counseled a “big four” professional sports franchise regarding territorial rights and antitrust issues relating to the contemplated relocation of a competing team.
- Represented several hedge fund and investment clients in evaluating and pricing litigation risk with respect to target companies.