Overview

A skilled and experienced civil litigator, David C. Scott has won judgments and jury verdicts in complex, high-stakes cases in state and federal trial and appellate courts across the country. David works with each client to meet specific business and legal objectives, whether by aggressively pursuing early disposition of litigation through motion practice, creatively leveraging and shaping settlement opportunities, or efficiently and effectively litigating a case from the pleadings all the way through appeal.

David’s areas of primary concentration include class actions, commercial disputes, regulatory enforcement actions, insurance and medical bill review, business torts, and shareholder derivative actions.

He has litigated cases in trial courts in Illinois, Alabama, Arkansas, California, Colorado, Kentucky, Missouri, Minnesota, New Mexico, New York, North Carolina, Oklahoma, Oregon, Pennsylvania, Texas, and Washington, among other jurisdictions. David has briefed appeals in the Courts of Appeals for the Third, Fourth, Seventh, Tenth, and Eleventh Circuits, as well as Illinois appellate courts, and argued before the Eleventh Circuit. He has also arbitrated disputes under the American Arbitration Association’s Procedures for Large, Complex Commercial Disputes and International Dispute Resolution Procedures.

David’s successful representations recently earned him recognition as a Rising Star in Illinois Super Lawyers.

David also serves as one of the firm's E-Discovery partners, assisting clients and colleagues with e-discovery issues and projects, training associates and staff on e-discovery best practices, and tracking the latest developments in e-discovery law.

  • Experience

    David’s representations include:

    • Obtaining summary judgment for an international elevator and escalator company in a contract dispute arising from a $360 million asset purchase agreement in the Western District of Pennsylvania.
    • Representing a national insurance carrier in multiple putative class actions relating to medical bill review issues, including obtaining dismissal of consumer protection act claims based on a medical bill review issue of first impression under Washington law in the Western District of Washington, summary judgment on consumer protection act claims in Washington state court, and voluntary dismissal of all class claims asserted on behalf of a putative nationwide class in the Northern District of Oklahoma.
    • Representing a major financial institution in litigation brought by the Federal Home Loan Bank of Chicago alleging violations of securities laws and common law misrepresentation in connection with the sale of private mortgage-backed securities.
    • Obtaining a $13 million jury verdict on behalf of a Fortune 500 commercial products company following a two-week trial in the Western District of North Carolina on breach of contract, trade dress, and false advertising claims, plus a $2.75 million award of attorneys’ fees and injunctive relief. Irwin Industrial Tool Co., et al. v. Worthington Cylinders Wisconsin, LLC, et al., 747 F. Supp. 2d 568 (W.D.N.C. 2010).
    • Obtaining summary judgment on 10 of 11 counts asserted against a futures commission merchant, and favorable resolution of the lone remaining count, in a lawsuit over the plaintiff’s trading losses. Shroff v. Rosenthal Collins Group, LLC, et al., 2009 WL 2704582 (N.D. Ill. Aug. 25, 2009).
    • Representing the officers and directors, and Special Litigation Committees, of public companies in investigating and defending against shareholder derivative demands and actions asserting claims of breach of fiduciary duty, abuse of control, waste of corporate assets, insider trading, and other alleged wrongdoing.
    • Receiving a favorable arbitration award for a leading manufacturer of writing instruments on claims against a Chinese supplier in a proceeding before the American Arbitration Association (AAA).
    • Obtaining summary judgment in two related liability insurance disputes in federal court in Alabama, both affirmed on appeal. Home Ins. Co. v. Hartford Fire Ins. Co., 164 Fed. Appx. 950, 2006 WL 231646 (11th Cir. 2006); Twin City Fire Ins. Co. v. Colonial Life & Acc. Ins. Co., 375 F.3d 1097 (11th Cir. 2004). 
  • Credentials

    Education

    • University of Chicago Law School, J.D., 2003
      The University of Chicago Law Review, Articles Editor
    • Miami University, B.A., Economics, 1999, cum laude
      University and Department Honors

    Bar Admissions

    • Illinois
    • U.S. Court of Appeals for the Third Circuit
    • U.S. Court of Appeals for the Fourth Circuit
    • U.S. Court of Appeals for the Fifth Circuit
    • U.S. Court of Appeals for the Tenth Circuit
    • U.S. District Court for the Northern District of Illinois
    • U.S. District Court for the Eastern District of Wisconsin

        Professional Memberships

        • American Bar Association, Section of Litigation
        • Illinois State Bar Association
      • Insights

        TITLE
        News Release

        18 Schiff Hardin Attorneys Named to 2018 Emerging Lawyers List

        Schiff Hardin is pleased to announce that 18 of the firm’s attorneys have been named to the 2018 Emerging Lawyers Network.

        News Release

        Nineteen Schiff Hardin Attorneys Named Emerging Lawyers

        Schiff Hardin is pleased to announce that 19 of the firm’s attorneys have been named to the 2017 Emerging Lawyers Network.

        News Release

        22 Schiff Hardin Lawyers Named to 2016 Emerging Lawyers Network

        The list comprises those attorneys who are most recommended as top lawyers among their peers.

        Alert

        Supreme Court to Decide Fate of Plaintiff’s Voluntary Dismissal Tactic

        The Supreme Court will decide whether a federal court of appeals has jurisdiction to review an order denying class certification after the named plaintiffs voluntarily dismiss their claims with prejudice.

      • Citizenship

        Pro Bono Activities

        David’s pro bono matters have included the representation of a death row inmate in Alabama through multiple appeals in state and federal courts, and several plaintiffs in an establishment clause lawsuit in the Northern District of Illinois and the Seventh Circuit.