Scott L. Vernick
A nationally ranked trial lawyer, Scott represents Fortune 500 companies in commercial litigation matters that focus on technology, intellectual property, health care, privacy and data security. For a diverse range of clients, including First Data Corporation, Bausch & Lomb Incorporated and Merck & Co., Inc., Scott has tried cases in state and federal courts across the country, and before arbitral forums.
Scott’s recent work includes:
- Defending Euphrates, Inc. against derivative and other claims in New York state court. The allegations involve both Euphrates and Chobani Inc., the well-known Greek yogurt company.
- Defending First Data Corporation in U.S. District Court for the Eastern District of New York in a putative class action arising out of a merchant processing agreement.
- Defense and prosecution of claims arising out of a “change of control” provision stemming from a business combination between Merck & Co., Inc. and Schering-Plough Corporation. The case was settled after a multi-week arbitration administered by the International Centre for Dispute Resolution.
For seven consecutive years, Chambers USA has ranked Scott – also previously a BTI Client Service All-Star – as a leading litigation attorney in Pennsylvania. According to Chambers, clients say Scott:
- "is an indefatigable attorney - when it came to the crunch, he dug in and did what was needed."
- "is one of those guys who understands that it's about moving your business forward. He is pragmatic and focuses on business resolution."
- "emphasizes the importance of early assessment and constant assessment of the merits and weaknesses of a case. He's top-notch."
Over the past decade, Scott has developed a particular fluency in the rapidly evolving field of privacy and data security. He routinely counsels multinational and mid-sized businesses on how to mitigate risk and overcome the challenges posed by the current state and federal enforcement environment. For several years, Scott has contributed to the “Combating Cyberthreats” section to West/Thompson Reuters’s Data Security and Privacy Law guide.
Scott’s broad litigation practice encompasses:
- Licensing and technology transfer agreements
- Intellectual property, trade secrets, restrictive covenants and unfair competition
- Software and hardware technology service agreements
- Merchant processing and electronic payments
- Mergers, acquisitions and corporate changes-of-control
- Government contracting and procurement
- Commercial lending, FCRA, FDCPA and TIL
Scott serves as national trial counsel for First Data Corporation, and his clients include:
- ARAMARK Corporation
- Banc of America Merchant Services, LLC
- Chase Paymentech Solutions
- Coby Electronics Corporation
- Coventry Health Care, Inc.
- GATX Corporation
- GlaxoSmithKline plc
- Hyatt Corporation
- Magellan Health Services
- Open Solutions Inc.
- Syneron, Inc.
- Unisys Corporation
- Giray v. Ulukaya, et al. Case No. 652838 (NY Supreme Court, Manhattan 2012). Defense of Euphrates, Inc. The former wife of the founder of Euphrates, Inc. and Chobani, Inc. alleges that she is the majority shareholder of both Euphrates, Inc. and Chobani, Inc., and has filed derivative and other claims against Euphrates, Inc. for a diversion of corporate opportunity and breach of fiduciary duty.
- Veitch v. Davis, et al. Case No. 12-1918 (Berks County, PA 2012). Defense of acquiring bank in a shareholder derivative action.
- Open Solutions Inc. v. Abington Savings Bank Case No. 3:11-CV-00831 (D. Conn. 2012). Prosecution of breach of contract and unfair trade practices claims.
- Spread Enterprises, Inc. v. First Data Merchant Services Corporation, et al. Civil Action No. 11-CV-4743 (E.D.N.Y. 2011). Defense of putative class action suit arising out of a merchant processing agreement.
- On behalf of a global pharmaceutical and vision care company, prosecution of claims arising out of a license agreement. (ICDR 2011).
- On behalf of a global pharmaceutical company, defense of a wrongful death action based upon allegations of failing to control access to toxic chemicals. (NJ Superior Court 2011).
- On behalf of a global pharmaceutical and vision care company, defense of claims brought by a non-practicing entity. Multi-week arbitration. (ICDR 2009).
- Representation of nationwide debt collector in enforcement action brought by the FTC. (2011-2013).
- Representation of global hospitality company, global food services company and national restaurant franchisor in response to data security events.
- Centocor Ortho Biotech, Inc. v. Schering-Plough Corporation, et al. (ICDR 2009). Defense and prosecution of claims arising out of a “change of control” provision stemming from a business combination between Merck & Co., Inc. and Schering-Plough Corporation. Multi-week arbitration.
- Coventry Health Care, Inc., et al. v. Caremark, Inc. Civil Action No. 3:09-cv-1009 (M.D. Tenn. 2009). Plaintiff Coventry alleged that Caremark improperly approved reimbursements for certain pharmacy claims submitted through the Department of Defense and for certain Medicaid claims for which Caremark billed Coventry.
- Elliott Green v. Bennett DeLoney & Noyes, P.C., et al., Civil Action No. 3:03-cv-05291-AET-TJR (D.N.J. 2003). Defense of potential class action under the Fair Debt Collection Practices Act (FDCPA) and the Fair Credit Reporting Act (FCRA).
- Public Consulting Group, Inc. v. Unisys Corporation (AAA). Defense of claims based upon a teaming agreement. Three week arbitration.
- Southshore Baseball, LLC v. ARAMARK Sports and Entertainment Services, LLC (N.D. Ind. 2008). Defense of a declaratory judgment action arising from a purported termination of a concession services agreement. Motion for summary judgment in favor of ARAMARK.
- Medpro, Inc. and Physicians Information Services, et al. v. Syneron, Inc. et al. (D.N.J. 2008). Defense of claims based on allegations of a denial of service attack and computer hacking.
- The Hartford Fire Insurance Company v. First Health Group, Corp. (AAA 2009). Defense of claims based on allegations of incorrect payment of claims submitted to workers’ compensation provider network. Deployed early case evaluation to reach a settlement.
- Jacob Apelbaum v. First Data Corporation, et al. (E.D.N.Y. 2008). Defense of Section 1983 and defamation claims based on statements allegedly made to the United States Secret Service. Summary judgment in favor of First Data Corporation.
- First Vietnamese American Bank v. STAR Networks, Inc., et al. (Superior Court of California 2008). Defense of claims based on membership in an electronic payments network. Deployed early mediation strategy to reach a settlement.
- HT of Highlands Ranch, Inc. v. Highline Capital Corp. (D.N.J. 2008). Defense of claims under Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1961, et seq.
- Unilever Ice Cream v. Jack & Jill Ice Cream Co. (Bergen County, NJ 2008). Defense of claims for fraud and breach of a distribution agreement.
- David Ney v. Open Solutions Inc. (E.D. Pa. 2008). After four-day jury trial, defense verdict in connection with claim by former employee for unpaid sales commissions.
- John B., et al. v. Dave Goetz, Commissioner, Tennessee Dept. of Finance and Admin., et al. (M.D. Tenn. 2008). Five-day e-discovery hearing devoted to ESI and cost-sharing issues.
- First Data Corporation v. Securityholder Representative of Peace Software International, Ltd. (2008). Deployed early mediation strategy to resolve post-merger claim for fraud and accounting adjustments.
Scott is a former member of the firm’s Executive Committee and is a former Office Managing Partner of the Philadelphia office, the largest of the firm’s 19 offices.
Beyond Fox RothschildA recognized authority on privacy and data security, Scott is routinely quoted on these issues in outlets ranging from Forbes and Crain’s New York Business to Law360 and The National Law Journal. Scott’s commentary has also been featured in The Huffington Post and he has appeared on The O’Reilly Factor, Studio B with Shepard Smith and local ABC affiliates.
Data Breach 411 App
Sensitive data. Gone. Stolen by faceless thieves who breached the company’s seemingly secure network. But combatting potential catastrophe and navigating proper response protocol has never been easier, thanks to a new iPhone app launched by Fox. Scott was instrumental in the creation of the app, which promises a guide to swift damage control at the fingertips.
The app is currently available for free in the iTunes Store. To download it, click here.
Honors and Awards
- Named as one of the leading litigation attorneys in Pennsylvania, Chambers USA (2007 through 2013)
- Selected to the 2009 BTI Client Services All-Star Team for Law Firms (2009)
- Martindale-Hubbell "AV" rated
- Included in a list of "Super Lawyers" by Philadelphia Magazine and Law & Politics Magazine (2006 through 2012)