Scott E. Gant

Partner at Boies, Schiller & Flexner LLP

Scott E. Gant

Scott E. Gant

Partner at Boies, Schiller & Flexner LLP

Biography

Scott Gant is a Partner in Boies, Schiller & Flexner’s Washington, DC office. His main practice areas include commercial litigation, class actions (for plaintiffs and defendants), antitrust, intellectual property and constitutional law, at the trial and appellate levels.

Class Actions

Mr. Gant has represented plaintiffs and defendants in class actions at the trial and appellate levels. Representative clients and matters include:

* Represent Class Plaintiffs against Volkswagen and other defendants in In re: Volkswagen “Clean Diesel” MDL
* Co-lead counsel for Class Plaintiffs in an antitrust case concerning price-fixing of municipal derivatives (settlements in excess of $200 million for the Class)
* Co-lead counsel for Class Plaintiffs in an antitrust and patent case against Hoffmann-La Roche and Applera concerning purchases of an enzyme critical for the replication of DNA (class certification granted and obtained $33 million settlement for the class)
* Co-lead counsel for Class Plaintiffs in a breach of contract case by borrowers against an Ohio bank
* Represent shareholders of AIG stock asserting claims against the U.S. Government for alleged unconstitutional taking and illegal exaction in violation of the Fifth Amendment
* Represent technology company defending against class action asserting claims under the Telephone Consumer Protection Act (TCPA)
* Defense of Dow Chemical at month-long trial in federal antitrust class action alleging price fixing in the polyurethane industry, and in post-trial proceedings (including motion to decertify the Class)
* Defense of Delta Air Lines in federal antitrust class actions concerning the imposition of fees for checked baggage
* Defense of BNY Mellon in a federal class action asserting breach of contract and tort claims related to the bank’s securities lending business
* Defense of DuPont and its subsidiary Pioneer Hi-Bred in nearly 20 federal and state class actions concerning the sale of genetically modified seeds
* Defense of Northwest Airlines in several federal class actions asserting antitrust claims concerning passenger airlines service

Antitrust and Competition Law

Mr. Gant has represented plaintiffs and defendants in antitrust litigation at the trial and appellate levels, and also worked on mergers subject to review by antitrust regulators. Representative clients and matters include:

* Defense of Dow Chemical against claims under Section 1 of the Sherman Act alleging price fixing in the polyurethane industry
* Defense of Delta Air Lines against claims under Section 1 and 2 of the Sherman Act concerning the imposition of fees for checked baggage
* Defense of AT&T/Southwestern Bell Telephone against monopolization claims brought in Texas state courts and in federal court in Oklahoma concerning the payphone industry
* Defense of DuPont and its subsidiary Pioneer Hi-Bred against federal and state antitrust claims concerning the sale of genetically modified seeds
* Defense of Northwest Airlines in several federal antitrust lawsuits, brought by consumers, competitors and a supplier
* Representation of Northwest Airlines in governmental investigations concerning alleged price fixing for air cargo transport services
* Representation of Northwest Airlines before regulatory agencies concerning a proposed alliance between rival airlines
* Representation of American Express in antitrust litigation against Visa, MasterCard and several of their member banks
* Representation of Broadcom in litigation against Qualcomm involving antitrust and related claims concerning the markets for chips used in mobile devices
* Representation of the New York Jets in asserting antitrust claim against Cablevision related to the Jets’ effort to build a stadium and convention center on the West Side of Manhattan
* Representation of Major League Baseball team in lawsuit concerning MLB antitrust exemption

Intellectual Property

Mr. Gant has represented plaintiffs and defendants in several intellectual properties matters including:

* Defense of Amazon.com against allegations of patent infringement in cases in the United States and Germany
* Defense of Amazon.com against a claim under the Lanham Act
* Co-lead counsel for Class Plaintiffs in a case against Hoffmann-La Roche and Applera concerning the validity of a patent for an enzyme used to replicate DNA
* Counseling of media clients on copyright law issues including infringement and fair use

Constitutional Law

Mr. Gant litigates, writes and teaches about a range of constitutional law issues. These include:

* Represent Cogent Communications in D.C. Circuit case concerning First Amendment and other challenges to FCC’s net neutrality order
* Represented TracFone Wireless in constitutional challenge to decisions and actions by California Public Utilities Commission
* Represent shareholders of AIG stock asserting a claim against the U.S. Government for alleged unconstitutional taking in violation of the Fifth Amendment
* Represented Laidlaw Environmental Services before the Supreme Court of the United States in a case concerning standing under Article III of the U.S. Constitution
* Represented former Chief Justices of Texas and Alabama as amici curiae before the Supreme Court of the United States in Yulee-Williams v. Florida Bar, addressing First Amendment challenge to rule prohibiting candidates in judicial elections from personally soliciting campaign contributions
* Represented Members of Congress as amici curiae before the Supreme Court of the United States in District of Columbia v. Heller, the Second Amendment case decided in June 2008
* Prepared petitions for certiorari submitted to the Supreme Court of the United States addressing the First Amendment’s Free Exercise Clause and the Sixth Amendment
* Represented Indian Tribes in a lawsuit challenging the constitutionality of New York State’s efforts to regulate Tribes’ ecommerce businesses
* Counseled client on Commerce Clause issues related to taxation of sales made through the Internet
* Litigated and provided counseling on constitutional questions related to class action procedure including Seventh Amendment and Due Process Clause issues
* Litigated and provided counseling on constitutional questions related to antitrust law including the Noerr-Pennington doctrine
* Defense of the New Republic magazine against defamation claims
* Pre-publication and post-publication counseling of media clients on defamation and other First Amendment issues
* Authored numerous articles and a book on constitutional law issues
* Taught constitutional law seminar at Georgetown Law School as a member of the Adjunct faculty

Other Litigation Matters

* In 2015, Mr. Gant obtained a trial victory for Sir Harold Evans and Tina Brown in their defense against claims asserted in a bankruptcy court adversary proceeding (SDNY).
* Representated Houston Baseball Partners (Houston Astros) in litigation concerning valuation of the team’s regional sports network.

Writing and Teaching

Mr. Gant has written numerous scholarly articles (listed below), and also published opinion pieces in the Wall Street Journal, Washington Post, Los Angeles Times, Christian Science Monitor, Huffington Post, Salon and Forbes.

His book, We're All Journalists Now: The Transformation of the Press and Reshaping of the Law in the Internet Age, was published by Simon & Schuster's Free Press.

Mr. Gant has been an Adjunct Professor of Law at Georgetown Law School, where he taught a constitutional law seminar.

Arbitration and Bar Activities

Mr. Gant has arbitrated attorney-client fee disputes for more than fifteen years for the District of Columbia Bar's Attorney/Client Arbitration Board.

He also served for many years on the American Bar Association’s Section of Litigation Book Publishing Board and the American Bar Association’s Standing Committee on Gavel Awards.

Overview
RelSci Relationships

1935

Number of Awards

1

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Partner at Boies, Schiller & Flexner LLP

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Partner at Boies, Schiller & Flexner LLP

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Partner at Boies, Schiller & Flexner LLP

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Partner at Boies, Schiller & Flexner LLP

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Co-Founder at Boies, Schiller & Flexner LLP

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Managing Partner at Boies, Schiller & Flexner LLP

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Scott E. Gant
Partner at Boies, Schiller & Flexner LLP
Education
JD, cum laude
Class of 1995

Harvard Law School offers an energetic and creative learning environment, a diverse and dedicated faculty—whose expertise spans a broad array of legal subjects—and a student body that comes from every state in the U.S. and more than 70 countries around the world. Approximately 1,900 students attend HLS each year: 1,680 J.D. students, 160 LL.M. students, and 50 S.J.D. candidates. The faculty includes more than 100 full-time professors and more than 150 visiting professors, lecturers on law, and instructors. The curriculum features more than 260 courses and seminars that cover a broad range of traditional and emerging legal fields. A Harvard Law education prepares students for success in law practice, business, public service, teaching, and more. Most HLS students are pursuing a J.D. (Juris Doctor) degree, while many others are earning an LL.M. (Master of Laws) or the S.J.D. (Doctor of Juridical Science). Harvard Law School also offers many joint degree programs, coordinated programs, and concurrent degree opportunities with other schools within Harvard University. The Law School community is also home to numerous research programs and engaging publications, including books, scholarly periodicals, newsletters, and a weekly student newspaper.

BA with Honors
Class of 1991

Wesleyan University is known for the excellence of its academic and co-curricular programs. About 2,900 undergraduates—and some 200 graduate students—from around the world pursue their classroom studies, research projects, and co-curricular interests in ways that are demanding and intensely rewarding. Here, on a beautiful campus overlooking the Connecticut River, students learn to do productive and innovative work that makes a positive difference in the world—that’s what Wesleyan is about.

Memberships
Member

American Bar Association provides legal services. It provides law school accreditation, continuing legal education, legal information and other services to assist legal professionals. The firm has members which include judges, court administrators, law professors, and non-practicing attorneys. The company was founded on August 21, 1878 and is headquartered in Chicago, IL.

Member

The District of Columbia Bar is the second largest unified bar association in the United States. The D.C. Bar’s core functions, supported by member dues, are the registration of lawyers, operation of a lawyer disciplinary system, maintenance of a Clients’ Security Fund, and certain other administrative operations. Many of the important educational and public service programs carried out by the Bar are made possible by voluntary contributions, user fees, and other nondues sources of income. The Bar is governed by a Board of Governors composed of 20 lawyers selected by the active membership and three members of the public appointed by the Bar itself as nonvoting members.

Career History
Partner
Current

Boies, Schiller & Flexner L.L.P. is an American law firm founded by David Boies and Jonathan D. Schiller in 1997. In 1999, they were joined by Donald L. Flexner, former partner with Crowell & Moring. In 2002, a 27-lawyer firm, located in Miami, named Zack Kosnitzky, merged into the New York firm Boies Schiller & Flexner.

Clerk
1995 - 1996

The United States Court of Appeals for the Third Circuit is a federal court with appellate jurisdiction. The court is composed of 14 active judges and is based at the James A. Byrne Courthouse in Philadelphia, Pennsylvania. The court also conducts sittings in other venues, including the U.S. Virgin Islands.

Adjunct Professor of Law
Prior

Georgetown University Law Center is the law school of Georgetown University, located in Washington, D.C. Established in 1870, the Law Center offers J.D., LL.M., and S.J.D. degrees in law.[5] As the second largest law school in the United States, Georgetown Law often touts the advantages of its wide range of program offerings and proximity to federal agencies and courts, including the Supreme Court

Political Donations
$360
2006

Senator from New York

Awards & Honors
Admitted to District of Columbia Bar
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