W. Scott Locher
Partner
Scott has a commercial litigation practice. He has extensive experience in handling and managing all phases of discovery and case preparations for complex, major commercial disputes in federal and state courts and arbitration forums. He has litigated a broad range of types of cases, claims, and procedural matters involving a large variety of industries, including power, gas storage, bank, health care, asbestos, environmental service, real estate, e-commerce, pipe, E&P, medical device, food, and grocery businesses. Scott serves as an Assistant General Counsel to the firm.
Representative Experience
- 2010. Tried defense of complex $3 million fraudulent transfer and preference case against client. Case settled during trial.
- 2005-2009. Managed massive discovery effort, evidence organization, and trial preparation for complex fraudulent conveyance lawsuit against Fortune 500 company involving global power company. Case settled before trial after second summary judgment motion was defeated. Client's net recovery exceeded $150 million. First summary judgment opinion: MC Asset Recovery, LLC v. Southern Company, 2006 WL 5112612 (N.D. Ga. 2006).
- 2005-2006. Prosecuted collection lawsuit for manufacturer and defended its distributor's wrongful termination, antitrust, tortious interference counterclaims. Case settled before trial. Client's net recovery exceeded $2.5 million.
- 2003. Prosecuted arbitration for client to recover $3 million in stock held in escrow on assertions client breached warranties in merger agreement. Case settled before hearing.
- 2002-2004. Managed large discovery effort, evidence organization, trial preparations, and participated in three-week trial of complex fraudulent conveyance lawsuit against Fortune 500 company involving maker of Vlasic, Swanson, and other food brands. VFB LLC v. Campbell Soup Co., 2005 WL 2234606 (D.Del. 2005).
- 2001-2004 Arbitrations. Managed large discovery efforts, and second-chaired prosecuting four complex arbitration actions (three to awards) against a Fortune 500 company involving a power island's energy service contracts. Client's net recovery exceeded $54 million, plus through declaratory relief client preserved value in litigated contracts exceeding $30 million.
- Asset purchase agreement warranty cases. In 2000-2005, second-chaired trial of complex lawsuit for breach of asset purchase agreement warranties against Fortune 500 company. In 1999, second-chaired defense of $16 million arbitration action against client for breach of warranties in asset sale agreement. Arbitration award for client, take nothing award against opponent. In 1997, defended arbitration action against environmental waste company for breach of asset purchase agreement warranties. The case settled during arbitration hearing.
- Partnership agreement, 2005. Defended local businessmen against claims of formation and breach of partnership agreement. Claims against clients dismissed with prejudice.
- ERP software, 2002-2003. Prosecuted lawsuit against Fortune 500 company and consultant for failed ERP software implementation project. Client's net recovery exceeded $3 million.
- Change in control agreement, 1998-2000. Defended client against its executive officer's $8 million claims based on a change in control agreement. Case settled before trial.
- Preference action, 1999. Defended preference action, prevailing on summary judgment, preserving client's state court $8.5 million fraud judgment against debtor.
- Forum selection clauses. Obtained dismissals of clients based on forum selection clauses.
- Personal jurisdiction. Significant experience defending and prosecuting personal jurisdiction matters, including in Minucci v. Sogevalor, S.A., 14 S.W.3d 790 (Tex. App.—Houston [1st Dist.] 2000, no writ).
- Claim preclusion. Managed defense and handled briefing in Dummar v. Lummis, 2007 WL 81808 (D.Utah, 2007). Judgment for client, affirmed on appeal. 543 F.3d 614 (10th Cir. 2008).
- Finance leases, 1999-2006. Represented Fortune 500 company in finance lease collection actions; successfully defended finance leasing company, obtaining dismissal on forum selection clause grounds; and successfully defended local businessman against finance lease claims, proving forgery.
- Fair Credit Reporting Act claims, 2004. Defended law firm against Fair Credit Reporting Act claims, obtaining dismissal with prejudice.
- Trademark infringement, 1999-2002. Prosecuted and defended trademark infringement claims arising from asset sale agreements. Case settled before trial.
- E-Commerce, 1998-1999. Prosecuted breach of e-commerce service contract claims against Fortune 500 company. Case settled before trial.
- Health care insurers, 1997-2000. Defended health care insurers in series of coverage and tort cases brought by care providers and patients.
- Broker arbitrations: 1999-2001. Prosecuted claims for and defended claims against broker in series of NASD arbitrations.
- Finder's fee, 1998. Prosecuted finder's fee claim for local investment bank. Settlement for client.
- Bond Indenture, 1997. Managed large discovery effort and second-chaired trial in Spartanburg, S.C. bankruptcy court over bond holders' position. Clients prevailed at trial, resulting in substantial settlement for client.
- Gas contract, 1995-1997. Extensive involvement, including managing large discovery effort, in defending complicated $80 million gas contract dispute. Case settled before trial.
- Collection, 1995-1997. Prosecuted over 25 collection actions against major food manufacturers for grocery store, achieving collections in all cases.
- Fraudulent conveyance/equitable subordination. Managed large discovery effort, trial preparations, and second-chaired trial of fraudulent conveyance lawsuit against bank client involving a bike retail company. Judgment for client. Salisbury v. Texas Commerce Bank-Houston, N.A., 171 B.R. 972 (Bankr. N.D. Tex. 1994).
- Led defense of law firm in fee disgorgement claim, 2004.
- Managed all firm discovery in actions involving Enron, 2001-2004.
- Handled numerous pro bono divorce cases.
- Did briefing for successful defense of client in Birdwell v. Skeen, 983 F.2d 1332 (5th Cir. 1993).
