Scott Ewing

Practices

Education and Clerkships

J.D., Texas Wesleyan University School of Law, 2008, summa cum laude, Notes and Comments Editor, Texas Wesleyan Law Review

B.A., University of Texas at Austin, 1995

  • Judicial Intern for Magistrate Judge Charles Bleil, United States District Court for the Northern District of Texas, 2007;
  • Judicial Intern for Justice Bob McCoy, Court of Appeals for the Second District of Texas, 2007

Bar Admissions

Texas, 2008

Court Admissions

U.S. District Court for the Northern District of Texas

U.S. District Court for the Eastern District of Texas

Profile

Scott Ewing has served as a key advisor and counsel to numerous corporations and executives in civil and criminal investigations, antitrust matters, and class action litigation.  Scott has successfully defended some of the world’s most recognized businesses in complex matters involving civil and criminal components and has tried cases in state and federal court, as well as arbitration hearings and SEC administrative proceedings.  Scott frequently represents companies, directors, and officers in DOJ, SEC, and internal investigations. 

Apart from his civil and criminal litigation work, Scott also regularly counsels clients on a wide variety of antitrust issues, including resale price maintenance (“RPM”); advertised pricing; minimum advertised price (“MAP”) policies; internet minimum advertised price (“IMAP”) policies; Colgate policies; and customer and territorial restraints.  Scott’s work spans a broad variety of industries, including consumer products, electronics, lighting solutions, and restaurant franchises.  Clients frequently turn to Scott to formulate solutions to complex pricing issues, and he is routinely asked to speak on navigating antitrust concerns in the areas of product pricing and distribution.

While not working on behalf of his clients, Scott serves on the Memorial and History Committee of the Dallas Bar Association and proudly works with the North Texas chapter of the March of Dimes.

Scott was named a Texas Super Lawyers Rising Star in 2013-2015.

Touchdown

NFL Super Bowl Trial

Haynes and Boone Garners National Attention for "A Series of Touchdowns" Scored on Behalf of the NFL in Super Bowl Seating Trial

The verdict in the federal jury trial arising from the issues with the installation of temporary seating at Super Bowl XLV continues to garner national attention.  As quoted in the New York Times, Haynes and Boone partner and lead trial attorney Thad Behrens noted that “the NFL has always accepted responsibility for the problems that were experienced by some of its fans at Super Bowl XLV and has attempted from the beginning to compensate them for their genuinely received losses and inconvenience."  But on the most disputed issue in the trial—whether the League fraudulently induced two of the plaintiffs into purchasing seats with obstructed views for the game—the NFL prevailed decisively.  NBC Sports hailed the verdict as “a big win for the league.”  The Texas Lawbook called the verdict in the case the latest in “a series of touchdowns for the NFL’s lawyers, who all practice at Haynes and Boone.”  
 
When the case was filed in February 2011, the plaintiffs designed it as a multi-million dollar class action on behalf of potentially hundreds of Super Bowl XLV ticketholders.   The Haynes and Boone trial team began dismantling the opposition back in July 2012 when the Court dismissed nearly all of the tort claims in the case.  That victory was followed by another in 2013, when the team secured the denial of class certification.  
 
That led to Haynes and Boone’s successful defense of the League in the jury trial of the remaining eight Plaintiffs in the case. The Plaintiffs were seeking approximately $705,000 in actual and punitive damages. The Court granted a directed verdict in favor of the NFL on Plaintiffs’ punitive damages claims, and the jury ultimately awarded the Plaintiffs a total of only $75,850 – about $630,000 less than they were claiming. Of the victory, Thad Behrens said, “It has been a privilege and honor to represent the NFL in this case, and I couldn’t be more proud of the extraordinary team of Haynes and Boone lawyers and professionals who brought about this result for our client.”
 
The jury verdict in this case comes less than two months after Haynes and Boone obtained the dismissal of all claims brought against the NFL in connection with a class action brought in New Jersey arising from claims that the NFL’s distribution of tickets to Super Bowl XLVIII violated New Jersey’s Consumer Fraud Act.

Links to coverage - 

Texas Lawbook (subscription required)

NBC Sports

New York Times (subscription required)


Client Win

Haynes and Boone Team Breaks SEC’s Winning Streak in Administrative Proceedings

Haynes and Boone Breaks SEC Winning Streak in Litigated Administrative Proceedings

A team of Haynes and Boone lawyers have achieved a rare victory against the Securities and Exchange Commission (SEC) Division of Enforcement in a venue in which the government has lost only once over the last three years. Until the decision Wednesday, the SEC had won 22 of the last 23 litigated hearings before its administrative law judges, including every single case brought in FY 2014. 

The extraordinary victory came in the firm’s representation of Bill Yancey, the former CEO of Penson Financial and an accomplished, highly regarded brokerage executive with more than 30 years in the securities industry. When the action was first brought, the SEC’s enforcement staff publicly accused Mr. Yancey of failing to supervise two employees regarding securities trade closeout and delivery obligations.

Kit Addleman, the Dallas-based litigation partner who heads the firm’s SEC Enforcement Defense Practice, said the decision from Administrative Law Judge Jason S. Patil was a complete defense victory. As the judge stated in his opinion, the evidence and testimony presented by the Haynes and Boone team “was frankly overwhelming.”

The trial team consisted of Dallas Partners Addleman and Ron Breaux and Dallas Associates Scott Ewing and Sarah Mallett. They were aided by Houston Associate Robert Carlton and Dallas Associate Jamee Cotton


Selected Client Representations

  • DOJ Price Fixing Investigations – Representation of corporations and corporate executives in civil and criminal international cartel litigation in a variety of industries.
  • Conducting various internal investigations of corporate conduct for report to special committees of the Boards of Directors of public companies.
  • Antitrust counseling – advising public and private companies.
  • Successful defense of corporate executives in criminal international cartel litigation.
  • Represented AT&T on antitrust matters related to proposed acquisition of T-Mobile USA, including pre-merger planning.
  • Defeated class certification for the National Football League in lawsuit alleging claims of breach of contract and fraud against the NFL and the Dallas Cowboys for allegedly not providing prescribed seats to ticketholders at the Super Bowl XLV game.
  • Represented Fortune 200 defense company in a dispute involving claims of monopolization, group boycott, and tying.
  • Represented board of directors in connection with shareholder class action in Nevada alleging breaches of fiduciary duty in connection with board approval of merger.
  • Representing a motor-vehicle manufacturer in a complex commercial dispute.
  • Participating in internal investigation of corporate conduct for report to the Board of Directors of a Fortune 100 company.
  • Assisting in the defense of the former CEO of an international technology company in an SEC enforcement action for options backdating.

Publications and Speeches

  • "Navigating Antitrust Concerns," ALA Annual Conference Presentation, September 15, 2014. 
  • "Chancery's Guidance on How MFW Operates At Pleading Stage," co-author, Law360, September 10, 2014. 
  • “Navigating the Minefield of Product Pricing and Distribution,” Dallas Bar Association Antitrust & Trade Regulation Section, March 18, 2014. 
  • “Ethical Issues in Internal Investigations,” presented with Kathy Beasley at the Ethical Principles for Corporate Counsel seminar, October 10, 2013. 
  • “Supreme Court Securities Litigation Update,” presented with Thad Behrens, Dallas Bar Association Securities Section, June 24, 2013. 
  • "Avoiding Legal Pitfalls Related to Antitrust Issues and the Internet," presented with Bill Morrison at the American Lighting Association Annual Conference, September 9-11, 2012.

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