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 20 years of experience in contract and commercial tort suits and trade secret and non-competition agreement cases. He regularly advises businesses on employment disputes and handles employment discrimination, ERISA and other labor claims. 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 currently serves as a trustee of the Dallas Bar Foundation. He chaired 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.

Practice Expertise

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

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

Appellate

  • Appeals after trials and from pretrial dismissals
  • Interlocutory appeals
  • Mandamus proceedings

Career Highlights

  • 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 as alleged. 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).
  • Defeated motion for class certification of putative Texas-based class after a contested hearing in a class arbitration proceeding before the American Arbitration Association.

Community

  • American Bar Foundation, Life Fellow
  • Texas Bar Foundation, Fellow
  • Dallas Bar Foundation, Life Fellow

News & Events

  • News & Publications
  • Speeches
  • Spotlight

    Supreme Court Revisits Stock Drop Fiduciary Standards

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  • Spotlight

    Supreme Court Rules No ERISA Plan Recovery of Nontraceable Settlement Funds

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  • Publication

    Fifth Circuit Upholds ERISA Disability and Life Benefit Denials

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  • Spotlight

    Jackson Walker Congratulates Its Best Lawyers in America 2016

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  • Press release

    Court of Appeals Affirms Stewart Title’s Limited Duties in Real Estate Closing Suit

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  • Press release

    Scott McElhaney Featured in ‘Attorney at Law’ Magazine

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  • Press release

    Jackson Walker Congratulates Its Best Lawyers in America 2015

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  • Press release

    Voice of the Defense Bar Spotlights Jackson Walker Win

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  • Press release

    Court of Appeals Affirms Jackson Walker Victory for Stewart Title

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  • Press release

    Scott M. McElhaney Inaugurated as President of Dallas Bar Association

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  • Press release

    Jackson Walker Nationally Ranked in 24 Areas in ‘Best Law Firms’ Guide

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  • Press release

    Jackson Walker Named in ‘Best Law Firms’ Rankings

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  • Press release

    Jackson Walker Wins Dismissal of Claims Brought Against Stewart Title for Breach of Fiduciary Duty and Bad Faith Claim Denial

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  • Press release

    Jackson Walker attorneys selected for 2014 The Best Lawyers in America

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  • Press release

    Jackson Walker Wins Appellate Victory for Stewart Title in Class Action Decertification

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  • Press release

    Scott M. McElhaney Elected President-Elect of Dallas Bar Association

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  • Press release

    Jackson Walker Obtains Summary Judgment Victory for Stewart Title

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  • Press release

    Jackson Walker Scores Appellate Victory for Client in Breach of Contract Case

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  • Press release

    Jackson Walker Mourns the Passing of Rocky Walker

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  • Publication

    Enforcing and Avoiding Arbitration Clauses Under Texas Law

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  • Press release

    Scott McElhaney Speaks on Enforcing and Avoiding Arbitration Clauses under Texas Law

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“Enforcing and Avoiding Arbitration Clauses Under Texas Law” (February 12, 2016)