G. Scott Fiddler
Scott Fiddler is board certified in both labor & employment law and civil trial law, placing him among only approximately 25 attorneys in Texas board certified in both specialties. As lead trial attorney, Scott has tried nearly 60 cases, including 40 jury trials and nearly 20 arbitrations and bench trials. Scott’s resume is one of impressive wins in jury trials and published cases. He has obtained jury verdicts for clients in FLSA wage and hour cases, non-compete and misappropriation of trade secret cases, discrimination, executive termination, and sexual harassment cases. He has been recognized as a Texas Super Lawyer every year since 2007, and as a Houston Top Lawyer by H Texas magazine every year since 2008.
Scott’s focus is on high-stakes employment litigation involving non-compete agreements and trade secret misappropriation, executive terminations, and wage and hour class and collective actions. He has successfully defended FLSA class and collective action cases across the country in bet-the-company litigation, and he is routinely either seeking or opposing applications for temporary and preliminary injunctions on behalf of companies in state and federal court in trade secret and non-compete litigation. In litigation Scott has represented companies in the oil and gas, technology, software, staffing, insurance, food, medical, home building, hotel, industrial cleaning, and energy industries, among others.
Scott’s litigation experience is broad and has included representation of executives, physicians, and lawyers, as well as celebrities, professional athletes, and a professional basketball coach, among others. His versatility as a trial lawyer has been demonstrated by his having obtained one of the largest verdicts in Texas for a plaintiff in a race discrimination retaliation case, and having obtained one of the few attorney fee awards for an individual in Texas in defending a case under the Texas Covenants Not to Compete Act. He is recognized for his work by his peers and publications alike and has been featured in the attorney profile sections of Forbes and Newsweek.
B.A., cum laude, Stephen F. Austin State University
J.D., University of Houston Law Center
U.S. Supreme Court
U.S. Court of Appeals for the Federal Circuit
U.S. Court of Appeals for the Fifth Circuit
U.S. District Courts for the Eastern, Southern, and Western Districts of Texas
Civil Trial Law
Labor and Employment Law
- Defended company and two individuals in non-compete and misappropriation of trade secrets case where the plaintiff sought $30 million in damages. After a six-week trial, the jury in less than 90 minutes rendered defense verdict for clients on all 25 claims and found in favor of client on the sole counterclaim in the case, allowing client to recover attorney’s fees through trial and in the event of any appeal.
- Represented oilfield services company in misappropriation of trade secrets case where employee secretly stole CAD drawings of company’s principal piece of proprietary equipment and built a prototype with the intent to compete against his employer. After obtaining a temporary restraining order against the former employee, obtained permanent injunction against the former employee and start-up company imposing lifetime competitive ban and obtaining forfeiture of all rights to and return of the prototype former employee and start-up company had built, in addition to a financial settlement.
- Represented Canadian technology company in breach of non-compete agreement and misappropriation of trade secrets case against departing employees who set up competing company, obtaining temporary restraining order and temporary injunction after full evidentiary hearing, which quickly led to favorable settlement.
- Represented a German manufacturer of mobile electrification products as the respondent with a counterclaim in an employment arbitration tribunal by the American Arbitration Association. The arbitrator awarded the client the full amount presented in the damages model, including pre- and post-judgment interest, and attorneys’ fees.
- Represented oilfield inspection company in class and collective action FLSA wage and hour case in federal court in Ohio, avoiding a class action, and negotiating a favorable collective action class, and then resolving the case favorably to client to avoid potential seven-figure liability.
- Obtained jury verdict for client in FLSA wage and hour case based on alleged tip credit violations.
- Represented high-profile nonprofit in case against former contractor for diverting company funds to her company; obtained jury verdict for company with findings of fraud and breach of contract. When the contractor filed for bankruptcy, represented company in bankruptcy trial and obtained a finding of fraud and that the debt was non-dischargeable.
- Obtained jury verdict for physicians’ group against physician on breach of an employment contract for failing to start with group after group had hired and nearly completed credentialing process for physician.
- Obtained one of the largest jury verdicts in Texas in a race discrimination retaliation case in 2008 against one of the largest companies in the world.
- Tried one of the first jury trials in the Fifth Circuit under the American with Disabilities Act.
- Lawdragon 500 Leading U.S. Corporate Employment Lawyers, 2022
- Leadership Excellence Award, National Diversity Council, 2021
- Fellow, Texas Bar Foundation, 2008-2020
- Houston’s Top Lawyers, H Texas Magazine, 2008-2020
- Texas Super Lawyer, Super Lawyers by Thomson Reuters, 2007-2022
- “Top Lawyer” in Best of Houstonia, Houstonia Magazine, 2016
- Houston’s Top Professional, H Texas Magazine, 2010-2014
- “Lawyer of the Week,” Texas Lawyer, February 2014
- “Top 100: Houston Super Lawyers,” Super Lawyers by Thomson Reuters, 2012
- Co-Author, “Imagine There’s No Non-Competes,” Texas Lawyer (subscription required) (February 2023)
- Co-Author, “Employers Face Unique Legal Questions During Pandemic,” Texas Lawyer (subscription required) (October 2020)
- Co-Author, “Frequently Asked Questions: Labor & Employment for Nonprofit Organizations,” Jackson Walker Insights & Resources (August 2020)
- Co-Author, “Navigating the Pandemic: An Employee’s Guide in Uncharted Waters,” The Houston Lawyer magazine (July 2020)
- “Essential Negotiation Skills,” 2023 Diversity & Leadership Conference (April 2023)
- “Changes in FLSA Collective Actions You Need to Know About,” Texas General Counsel Forum Virtual CLE Program (April 2021)
- “Creating Your Personal Board – The Power of Mentors & Allies,” National Diversity Council’s 17th Annual Diversity & Leadership Conference (April 2021)
- “5 Considerations for Employers as They Reopen Businesses,” Jackson Walker Fast Takes Podcast (May 2020)
- “Trying an Employment Case – Voir Dire to Closing,” Houston Bar Association Labor & Employment Section (May 2019)
- “Creating Healthy and Respectful Work Environments,” Panelist, The Texas Diversity Council 14th Annual Diversity & Leadership Conference (April 2018)
- “Two Case Studies: Anatomy of an Employment Case from Intake to Judgment,” Guest Lecturer, Thurgood Marshall School of Law Employment Law Class (February 2018)
- “Protected Conduct and Social Media and Anatomy of a Retaliation Case: Price v. Federal Express Corporation,” Guest Lecturer, Thurgood Marshall School of Law Employment Law Class (June 2016)
- “Anatomy of Back to the Future in Workplace Regulation: Protected Conduct and Social Media,” Judicial Conference of the Fifth Circuit (May 2016)
- “When Every Day Counts – Best Practices Regarding Injunctive Relief,” Continuing Legal Education Committee of the Houston Bar Association (November 2013)
- “Retaliation Law Update,” Continuing Legal Education Committee of the Houston Bar (December 2011)
- “Keys to Representing Clients in Wrongful Termination Suits – Employee,” Houston Bar Association 2009 Employment Institute (October 2009)
- “When An Arbitration Agreement Goes Too Far,” Alternative Resolutions, Newsletter of the State Bar of Texas Alternative Dispute Resolution Section (November 2005)
- “Covenants Not to Compete Case Law Update,” Harris County Judicial Conference (August 2005)
- “Privacy in the Workplace,” University of Houston Law Foundation Employment Law Seminar (February 2001)
- “Liability of Employment Agencies,” University of Houston Law Foundation Employment Law Seminar (February 2000)
- “Alternate Staffing Relations in Employment Law,” Stromar Educational Services, Inc., Employment Law Seminar (June 1999)
- “Liability of Employment Agencies: Temporary, Permanent, Leasing,” University of Houston Law Foundation Employment Law Seminar (February 1999)
- Texas Board of Legal Specialization Labor & Employment Law Exam Commission, 2017-2019
- Texas Association of Civil Trial and Appellate Specialists, Board of Directors, 2013-2019
- Houston Bar Association Labor & Employment Law Section
- Council Member, 2008-2010
- Chair-Elect, 2010-2011
- Chair, 2011-2012
- National Employment Lawyers Association – Houston Chapter, President, 2011
- City Life Church, Board of Directors, 2009-2023
June 7, 2023Mentions
Is Change Overdue for Overtime Wage Law? l Hart Energy
G. Scott Fiddler and Jackie C. Staple shared insights with Hart Energy regarding the United States Supreme Court’s decision on Helix Energy Solutions Group, Inc. et al v. Hewitt and the Fair Labor Standards Act.
May 11, 2023Webinars
Join Jackson Walker and Insperity for the Virtual Spring Labor & Employment Law Seminar
Join Jackson Walker and Insperity for the Spring Labor & Employment Law Seminar discussing current labor and employment law topics that might impact you and your company.
February 27, 2023Insights
The Supreme Court Holds “Daily Rate” Not a “Salary” Under the Fair Labor Standards Act
On February 22, 2023, the United States Supreme Court decided Helix Energy Solutions Group, Inc. et al v. Hewitt, a case involving a recurring issue under the Fair Labor Standards Act: what constitutes a “salary.” Specifically, the Court answered whether a “daily rate” pay structure can be a “salary.” The Supreme Court’s decision is one that could have a significant impact, particularly in the oil and gas industry where many workers are paid a “daily rate.”
February 15, 2023Insights
Imagine There’s No Non-Competes | Texas Lawyer (Subscription Required)
On Jan. 5, 2023, the Federal Trade Commission proposed a rule that would prohibit non-compete agreements in every workplace in the United States and greatly limit their use in business transactions. The proposed rule has us imagining a Texas without non-competes, asking how we got here, and how the FTC’s proposed rule might affect Texas businesses.
By G. Scott Fiddler and Michael Drab
January 20, 2023Insights
Federal Trade Commission Announces New Proposed Ban on Non-Competes in the Workplace
By G. Scott Fiddler and Michael Drab
On January 5, 2023, the Federal Trade Commission announced a proposed regulation that would prohibit non-compete agreements in the workplace. The proposed rule follows on the heels of a statement issued by the FTC in November 2022 declaring its intention to exercise authority under Section 5 of the FTC Act and an earlier Executive Order issued by President Biden in July 2021 urging the FTC to promulgate new rules governing non-competes.
September 21, 2022Attorney News
Jackson Walker Congratulates Its 64 “Texas Super Lawyers” of 2022
Each year, less than 5% of attorneys in Texas are named to the list. Selection is based off of peer nominations that are then reviewed by a research team. Each nominee is evaluated on his or her professional accomplishments, peer recognition, and community involvement.
August 18, 2022Newsletters
Labor & Employment Dispatch: August 2022
View the August 2022 edition of the Labor & Employment Dispatch.
August 12, 2022Attorney News
Jackson Walker Congratulates 17 Attorneys Named to 2022 Lawdragon 500 Lists
Jackson Walker announces the selection of 17 attorneys to Lawdragon‘s lists of the 500 leading practitioners in bankruptcy and restructuring law and corporate employment law.
June 13, 2022Client Results
Manny Schoenhuber and Dawn Holiday Lead Representation of German Client in Employment Arbitration Win
Manny Schoenhuber and Dawn Holiday led the representation of a German manufacturer of mobile electrification products as the respondent with a counterclaim in an employment arbitration tribunal by the American Arbitration Association.
October 5, 2021Newsletters
JW Diversity & Inclusion Newsletter – October 2021
View Jackson Walker’s October 2021 Diversity & Inclusion Newsletter, Perspectives.