Biography
Scott M. McElhaney tries cases, handles appeals, and provides counsel for large and small companies as well as business executives. His aim is to help clients cost-effectively resolve commercial disputes and employment law matters.
He has over 25 years of experience in contract and commercial tort suits, as well as trade secret and non-competition agreement cases. He regularly advises businesses on employment disputes and handles employment discrimination, FLSA, ERISA, and other labor claims. Scott has also represented title companies and insurers, and managed care organizations, in a variety of commercial disputes. He focuses on the long-term commercial needs of his clients by identifying risks and providing strategies for handling complex legal challenges.
Scott has had jury trials in both federal and state courts as well as arbitrations before panels of arbitrators. He also uses his appellate experience to defend favorable trial court judgments and obtain reversal of adverse results, and he has successfully handled multiple class actions at the trial and appellate level.
In addition to his practice, Scott is active in the Bar and legal community. In 2014, he served as the President of the Dallas Bar Association. He has also served as Chair of the Board of Trustees of the Dallas Bar Foundation. He has led the DBA’s Equal Access to Justice Campaign, and is a past Chair of the DBA’s Business Litigation Section and Judiciary Committee. Scott has also served on the State Bar’s District 6 Grievance Committee and as Vice Chair of the Dallas Committee for a Qualified Judiciary.
Scott has also been a Lecturer at SMU’s Dedman School of Law, where he taught Employment Law and Legal Research and Writing.
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.
Education
A.B., summa cum laude, Dartmouth College
- Phi Beta Kappa
J.D., cum laude, Harvard Law School
- Harvard Civil Rights – Civil Liberties Law Review, Managing Editor
Bar Admissions
Texas, 1992
Court Admissions
United States Supreme Court
United States Court of Appeals for the Fifth, Tenth, and Eleventh Circuits
United States District Court for the Eastern, Northern, Southern, and Western Districts of Texas
United States District Court for the Western District of Oklahoma
- Successfully settled multiple attempted nationwide FLSA collective actions for unpaid overtime.
- Successfully defended on appeal a jury verdict the Firm obtained in federal district court in a case in which the plaintiff claimed that she was discharged in retaliation for making a complaint about sexual harassment. Rodriquez v. Midland Cnty. Hosp. Dist., No. 21-50635, 2022 U.S. App. LEXIS 14704 (5th Cir. May 27, 2022).
- Obtained preliminary injunction enforcing non-competition agreement against executive. Cyrus One LLC v. Levinsky, 2019 U.S. Dist. LEXIS 154803 (E.D. Tex. Sept. 11, 2019).
- Obtained dismissal of claim by landowner that adjoining landowner was unconstitutionally attempting to evade easement restrictions that restricted adjoining landowner’s use of its land. TF-Harbor, LLC v. City of Rockwall, 592 Fed. Appx. 323 (5th Cir. 2015).
- Obtained and defended on appeal summary judgment for a title company that it did not owe negligence and fiduciary duties to the party to a real estate transaction. IQ Holdings, Inc. v. Stewart Title Guar. Co., 451 S.W.3d 861 (Tex. App. – Houston [1st Dist.] 2014, no pet.).
- Overturned an over $2 million trial court judgment that had been entered against the client in a breach of contract case on the grounds that the terms of the alleged contract were too indefinite to be enforced. FFSS v. Corilant Financial, L.P., 376 S.W.3d 253 (Tex. App. – Dallas 2012, pet. denied).
- 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.
- Presidential Citation, Dallas Bar Association, 2020 – In recognition of programming to commemorate the 150th anniversary of the ratification of the 15th Amendment
- The Best Lawyers in America (Woodward/White Inc.), 2008-2023
- Lawyer of the Year – Dallas/Fort Worth, Litigation – ERISA, 2021
- Commercial Litigation, 2009-2023
- Employment Law – Management, 2023
- Litigation – ERISA, 2011-2023
- Litigation – Labor and Employment, 2011-2023
- Lawdragon 500 Leading U.S. Corporate Employment Lawyers, 2022
- “Best Lawyers in Dallas,” D Magazine, 2009, 2011, 2018
- Texas Super Lawyer, Super Lawyers by Thomson Reuters, 2004-2018, 2020-2022
- Rising Star, Super Lawyers – Rising Stars by Thomson Reuters, 2004
Publications
- “Planning on Hiring Summer Interns? Make Sure Your Pay Practices Don’t Trip You Up,” Jackson Walker Insights (April 23, 2019)
Speaking Engagements
- “COVID-19: Returning to Work,” Jackson Walker Webinar (May 1, 2020)
- “Wage and Hour Compliance Check,” Labor & Employment Law Symposium (October 11, 2018)
- “Enforcing and Avoiding Arbitration Clauses Under Texas Law,” Dallas Bar Association – Trial Skills Section (February 9, 2018)
In the News
- Quoted, “Fort Worth judge rules religious businesses can be shielded from LGBTQ discrimination claims,” The Dallas Morning News (November 2, 2021)
- American Bar Foundation, Life Fellow
- Texas Bar Foundation, Fellow
- Dallas Bar Foundation, Life Fellow
- Chair, Board of Trustees, Dallas Bar Foundation, 2019
September 21, 2022
Attorney NewsJackson 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, 2022
NewslettersLabor & Employment Dispatch: August 2022
View the August 2022 edition of the Labor & Employment Dispatch.
August 18, 2022
Attorney News‘The Best Lawyers in America’ Honors 214 Jackson Walker Attorneys in 2023 Edition, Including 11 “Lawyers of the Year” and 41 “Ones to Watch”
The Best Lawyers in America has recognized 214 Jackson Walker attorneys across 6 offices and 79 specialty practice areas in its 2023 edition, including 11 Lawyers of the Year and 41 Ones to Watch. Best Lawyers listings are based on an exhaustive peer review survey of thousands of attorneys who vote on the legal abilities of others in their practice areas.
August 12, 2022
Attorney NewsJackson 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.
July 11, 2022
Client ResultsJackson Walker Obtains Supreme Court Dismissal of Case Involving Coleman County Jail
On June 30, 2022, the United States Supreme Court denied certiorari in a case involving qualified immunity for the Coleman County sheriff, jailer, and jail administrator. Jon Mark Hogg and Amanda Crouch led the Firm’s representation of the Texas Association of Counties in the Coleman County case.
February 1, 2022
InsightsGuidelines for Evaluating Claims for Religious Exemptions From Vaccine Mandates
By Scott McElhaney | Although OSHA has withdrawn its COVID-19 Vaccination and Testing Emergency Temporary Standard, a significant number of employers—either voluntarily or in response to some other governmental obligation—have adopted a requirement that their employees be vaccinated against the COVID-19 virus.
February 1, 2022
NewslettersLabor & Employment Dispatch: February 2022
View the February 2022 edition of the Labor & Employment Dispatch.
November 3, 2021
MentionsScott McElhaney Discusses Ruling on LGBTQ Discrimination Claims Against Religious Businesses
A federal judge in Fort Worth ruled on October 31 that for-profit businesses with sincerely held religious beliefs can be shielded from LGBTQ discrimination claims, carving out exceptions to sexual orientation and gender identity protection previously granted by the Supreme Court. Jackson Walker partner Scott McElhaney spoke with The Dallas Morning News about the opinion.
November 2, 2021
WebinarsJoin Jackson Walker for Virtual Labor & Employment Law Symposium
This year’s Fall Labor & Employment Symposium is going virtual! Join Jackson Walker and Lockton Dunning Benefits for our lunchtime sessions.
September 22, 2021
Attorney NewsJackson Walker Congratulates Its 57 “Texas Super Lawyers” of 2021
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.
Employment
- Employment Discrimination under Title VII, the ADA, the ADEA, and the Texas Labor Code
- FLSA collective actions
- ERISA benefit and breach of fiduciary duty claims
- Commission and executive pay disputes
- Employment issues facing restaurants
- Nursing home employment litigation
Litigation
- Commercial torts
- Breach of fiduciary duty
- Fraud and negligent misrepresentation
- Class actions
- Trade secret and non-competition agreement suits
- Arbitration
- Enforcing and avoiding arbitration clauses
- Disputes involving title companies and title insurance
- Disputes involving managed care companies
Appellate
- Appeals after trials and from pretrial dismissals
- Interlocutory appeals
- Mandamus proceedings