Scott Thomas is a Principal in Fish & Richardson’s Dallas office. Mr. Thomas is a trial lawyer with a broad commercial litigation practice focusing on complex business litigation, securities litigation, and shareholder disputes. He has represented public and closely held companies, as well as individuals, in areas such as securities, fiduciary duty, fraud, minority shareholder claims, trade secret, and breach of contract.
For the past several years Mr. Thomas has represented billionaire entrepreneur Mark Cuban and several of his companies in high stakes litigation. One of the most recent examples 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 wrong-doing. Mr. Thomas has also represented the Dallas Mavericks, the American Airlines Center and other related entities in several litigation and arbitration matters.
Mr. Thomas 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 $178 million in 2009, which was recognized as one of the nations’ top verdicts according to the National Law Journal.
Mr. Thomas 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.
Before joining Fish & Richardson, Mr. Thomas served as a law clerk to the Honorable A. Joe Fish, Chief Judge, United States District Court for the Northern District of Texas (2004-2005). Prior to his legal career, Mr. Thomas worked at the international accounting firm of PricewaterhouseCoopers, LLP (1999-2001).
SEC v. Mark Cuban (N.D. Tex) – Represented Mark Cuban in civil insider trading case. After a three week trial, the jury returned a verdict for Mr. Cuban, clearing him of any wrongdoing.
Hillwood Investment v. Dallas Basketball Ltd., et al – (Dallas County 192nd 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.
Casey v. Simmons (Dallas County 192nd District Court) – Represented one of three plaintiffs in a breach of fiduciary duty case in Dallas County. After a two-week trial, the jury awarded $178.7 million in damages, including $145 million 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.
Schroeder v. Wildenthal, et al. (U.S. Dist. Court – 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. – 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 $7.1M. Additionally, the jury zeroed out DHL’s $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 US market.
Hillwood Center Partners, L.P. v. Radical Cuban LLC, et al – (Dallas Co. Tex.; American Arbitration Association) Defended Mark Cuban and Dallas Maverick 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.
American Airlines, Inc. v. Sabre, Inc. (AAA) – Counsel for Sabre in arbitration involving alleged overcharge of $34 million in connection with data processing for airline reservation system. Panel of arbitrators, chaired by Justice Deborah Hankinson, issued take nothing judgment for Sabre.
In re Fossil Derivative Shareholder Litigation (U.S. Dist. Court – 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.
Trade Secret & Intellectual Property Litigation
Represented a Fortune 50 computer/printer company, in bringing multi-million 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.