As trial and appellate counsel for a variety of companies and individuals, Scott M. McElhaney works with clients to cost-effectively resolve a range of complex commercial disputes and employment matters. He regularly appears before federal and state courts and arbitrators for trials and hearings, and he has successfully handled multiple class actions at the trial and appellate level.
Mr. McElhaney has experience in contract and business tort suits, trade secret litigation, and non-competition agreement injunction proceedings. He represents managed care organizations in a variety of commercial disputes. He is experienced in antitrust matters, and he regularly handles a wide variety of ERISA, employment discrimination and other labor claims.
Recognized by his peers in local, state, and national surveys, Mr. McElhaney has been included in The Best Lawyers in America under Commercial Litigation and Labor and Employment Law, named a "Texas Super Lawyer," and listed as one of the "Best Lawyers in Dallas" in D Magazine.
Apart from his practice, Mr. McElhaney is active in the Bar and legal community. In January of 2014, he was inaugurated as the 105th President of the Dallas Bar Association. He has also chaired the DBA's Equal Access to Justice Campaign, and is a past Chair of the DBA's Business Litigation Section, Judiciary Committee and Bench-Bar Committee. Mr. McElhaney has also served on the State Bar's District 6 Grievance Committee as Vice Chair of the Committee for a Qualified Judiciary, and as a Barrister in the Patrick E. Higginbotham Inn of Court.
Mr. McElhaney has been a Lecturer at SMU's Dedman School of Law, where he has taught Employment Law and Legal Research and Writing. He remains a frequent speaker on a variety of legal topics.
After graduating from Harvard Law School, he was a Law Clerk to Judge Irving Goldberg of the U.S. Court of Appeals for the Fifth Circuit and to Judge Barefoot Sanders of the U.S. District Court for the Northern District of Texas.
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- Successfully defeated motion for class certification after contested hearing in putative class arbitration before the American Arbitration Association
- Won and successfully defended on appeal summary judgment in favor of client in workers' compensation retaliation suit
- Secured a defense verdict from a federal court jury in an age discrimination case alleging wrongful discharge
- Won and successfully defended on appeal summary judgment in favor of client on ERISA estoppel, waiver, and breach of fiduciary duty claims for $1 million in plan benefits
- Successfully settled attempted nationwide FLSA collective action for unpaid overtime
- As appellate counsel, obtained reversal of adverse judgment against client in sexual harassment case
- Co-counsel in obtaining permanent injunction for high tech company against defendant in trade secret misappropriation case
More about Scott M. McElhaney: Biography | Involvement | Recognition | Speeches / Publications | News
Mr. McElhaney is the 2014 President of the Dallas Bar Association, and he is a member of the State Bar of Texas and the American Bar Association. Mr. McElhaney has been elected to be a Fellow in the American Bar Foundation, a Fellow of the Texas Bar Foundation, and a Life Fellow of the Dallas Bar Foundation.
Mr. McElhaney is active in a number of political and community groups, has served as Chair of the Evaluation Committee for the Dallas Committee for a Qualified Judiciary, and is a member of the Leadership Dallas Class of 2004.
More about Scott M. McElhaney: Biography | Experience | Recognition | Speeches / Publications | News
Listed in The Best Lawyers in America under Commercial Litigation (2008-2015), Labor and Employment Law (2008-2011), Litigation - ERISA and Labor & Employment (2012-2015)
Listed as a "Super Lawyer in Business Litigation" in Super Lawyers, Corporate Counsel Edition, 2008-2009, 2012
Named a "Super Lawyer" by Thomson Reuters, 2004-2013
Selected as a "Best Lawyer in Dallas" in D Magazine, July 2009, May 2011
Selected as a "Best Lawyer in Dallas Under 40" in D Magazine, 2004, 2006
More about Scott M. McElhaney: Biography | Experience | Involvement | Speeches / Publications | News
Speeches / Publications
Mr. McElhaney's publications and speaking engagements include the following:
- "Enforcing and Avoiding Arbitration Clauses Under Texas Law" (March 12, 2012)
- "The Fair Labor Standards Act: Recent Developments and Issues of Interest" (June 14, 2007)
- "Legal Counsel" in The Professional Services Firm Bible (John Wiley & Sons, 2005)
- "Electronic Data: Retention Policies, Spoliation, and Use in Litigation" (August 4, 2004)
- "Avoiding Punitive Damages in Employment Discrimination Cases" Jackson Walker Employer's Update (Spring 2003)
- "From Start to Finish: Procedural Issues and Practical Outcomes in Class Actions" Presented to the Texas State Bar Antitrust and Business Litigation Section Class Action Seminar (April 12, 2002)
Links to Publications
More about Scott M. McElhaney: Biography | Experience | Involvement | Recognition | News