Scott J. Brown is a partner in the firm's Chicago office. Mr. Brown handles the preparation and trial of civil litigation with special emphasis in the areas of professional liability, commercial disputes, employment law, product liability, and the private security services industry. He has served as both first and second chair in a number of trials and arbitrations. He has substantial experience in all areas of litigation, including appellate practice. Mr. Brown also actively represents various businesses with a commercial practice that includes contract disputes, business incorporation and employment law matters.
Recent matters handled by Mr. Brown include:
· Representation of an accounting firm in a malpractice case alleging the failure to discover and make certain adjustments to client's corporate financial statements during an annual review. Plaintiff claimed defendant's breach of the standard of care resulted in need for corporation to restructure its business and financing through a turnaround plan in order to avoid the total loss of its business. Plaintiff sought damages for costs incurred during the restructuring, including inventory it sold below cost and professional fees paid to subsequent accounting firm, attorneys and turnaround consultants. Not guilty verdict after one-week jury trial.
· Representation of a patent attorney and his law firm in an attorney malpractice case alleging the mishandling of patent and trade dress rights for a display rack system used for point-of-purchase sales of hardware items. Plaintiff also alleged inequitable conduct by the attorney in the prosecution of the patents that served to invalidate any patents on the invention. Plaintiff sought damages for lost profits on sales of its hardware items through the display rack system in excess of $30 million. Not guilty verdict after eight-week jury trial.
· Complex, three-party arbitration involving the construction of an ethanol production facility in Lena, IL. Representation of subcontractor hired to design and install an industrial dryer utilized to transform the corn byproduct of the ethanol production into animal feed. Defense of breach of contract allegations that the dryer failed to meet U.S. EPA requirements and performance standards, resulting in property damage and loss of income in excess of $15 million. Our client also had a counterclaim for breach of contract due to failure to make payments in excess of $500,000. Arbitration panel found in favor of our client on counterclaim and awarded only $35,000 on remaining counts.
· Representation of fully integrated chocolate and cocoa manufacturing facility in a case against the manufacturer of equipment used to roast cocoa beans that exploded at the plant. Subrogation action seeking $16.5 million in property and related business interruption damages, combined with a personal injury action on behalf of two plant workers for one death and one serious third-degree burn injury due to the explosion.
· Representation of accountants and accounting firms in cases alleging negligence and malpractice in connection with the preparation of corporate tax returns, compilations/reviews/audits of corporate financial statements and providing investment advice.
· Representation of small businesses and health care institutions in the defense of employment claims alleging wrongful termination, discrimination, violation of Title VII and Family Medical Leave Act interference/retaliation.
· Representation of physicians and health care institutions in medical malpractice cases involving the specialties of pathology, radiology, emergency medicine and family practice.
· Representation of individuals and corporations in the field of private security services for manufacturing and industrial complexes, commercial real estate, financial institutions and residential communities in cases involving felony and misdemeanor criminal activity, personal injury and property damage claims.
Mr. Brown received his J.D. in 1991 from Boston University, College of Law, where he was a Professional Articles Editor for the American Journal of Law, Medicine & Ethics. He is a graduate of Northwestern University, receiving his B.A. in political science and the Program in American Studies. Mr. Brown is a member of the Board of Directors of the Friends of Bell School, Chicago, Illinois. He is also a former Local School Council member for the Alexander Graham Bell Elementary School (1997-1999).
Memberships and Affiliations
· Chicago Bar Association, member Tort Litigation Committee (1991-1994)
· Defense Research Institute
· Illinois Association of Defense Trial Counsel
· Illinois State Bar Association
· Martindale-Hubbell, AV Peer Review Rated
Illinois Supreme Court Denies Plaintiff's Petition for Leave to Appeal in Accounting Malpractice Case
Not Guilty in Alleged Accounting Malpractice Case
Cassiday Schade Successfully Represents Engineering Firm in $15 Million Arbitration Involving Ethanol Facility
Not Guilty Verdict in $30 Million Legal Malpractice Action
Not Guilty in Medical Liability Case Involving Stroke Patient Fall From Bed