Scott Martin is a shareholder in the Litigation Practice of Greenberg Traurig's New York office. He focuses his practice in the areas of antitrust and complex commercial litigation. He has been instrumental in the defense of numerous high-profile antitrust class actions and civil and criminal international cartel cases for more than a decade. Scott's experience extends to bench and jury trials in federal and state courts, complex federal multidistrict actions, class actions involving direct and indirect purchasers, parens patriae cases, Federal Trade Commission (FTC) and Department of Justice (DOJ) investigations as well as other regulatory actions, foreign discovery proceedings and qui tam litigation.
Scott also regularly counsels across a wide range of industries on pricing, distribution, competitive intelligence, joint ventures, and non-compete agreements, among other competition issues, and has designed antitrust compliance programs for some of the world's largest corporations. Clients interviewed by leading legal publications have commented that Scott is a "terrifically talented and surefooted" litigator, "an astute operator who always adds value to proceedings," and a business-oriented lawyer who "looks to see what the overall issues are and determines how best to approach the representation of those interests, including common sense approaches to exit strategies where feasible."
Areas of Concentration
· Complex commercial litigation
· Class action
Professional & Community Involvement
· Member, New York State Bar Association, Antitrust Section
· Executive Committee, 2010-Present
· Member, American Bar Association, Section of Antitrust
- Civil Redress Task Force, Current
- Long-Term Planning Committee, Current
- Trial Practice Committee, Co-Chair 2010-2012
- Editorial Board, Antitrust Law Developments (Seventh)
- Business Torts and Civil RICO Committee, Advisory Board 2009-Present, Chair, 2006-2009, Vice-Chair, 2003-2006
· Member, Law360 Competition Editorial Board, inaugural year and current
Awards & Recognition
· Listed, The Best Lawyers in America, Antitrust Law; Litigation - Antitrust, 2012-2014
· Listed, Chambers USA Guide, 2006-2013
· Listed, International Who's Who of Competition Lawyers and Economists 2013 andInternational Who's Who of Business Lawyers, 2013
· Listed, Super Lawyers magazine, New York Super Lawyers, 2006-2013
· Listed, Euromoney's Guide to the World's Leading Competition & Antitrust Lawyers, 2012
· Listed, The Legal 500 United States, 2009
· Listed, Who's Who in American Law
· American Bar Foundation (Fellow)
· Recipient, "Legal Aid Award," the Legal Aid Society, 2006
· Obtained summary judgment for defendant in class action alleging attempted monopolization in waste disposal industry.
· Structured early resolution of monopolization claims in recycling industry.
· Obtained complete dismissal, in widely cited decision, of price discrimination claims against major retailer involving multiple plaintiffs and scores of automotive parts and products.
· Defeated injunctive class certification in case of first impression and obtained order precluding all damages in price discrimination and state law unfair competition litigation against major retailer, leading to dismissal of action.
· Negotiated resolution of significant DOJ actions with no action taken with respect to our client alone.
· Defended major health insurance company against monopolization allegations and other competition-related claims. Plaintiff abandoned claims after successive motions to dismiss.
· Obtained a complete defense jury verdict against a competitor's challenge to bundled rebates on medical products, and subsequently reached resolutions of direct purchaser class actions and of a similar competitor action for less than one percent of asserted damages claims.
· Defended carbon fiber manufacturer in connection with a six-year criminal investigation by the DOJ into possible price-fixing and market allocation (no indictment issued), as well as related federal class action, opt-out case, state indirect purchaser class action, and False Claims Act litigation, all of which were resolved.
· Structured a widely-reported, crucial resolution of a massive litigation involving claims that the major recorded music companies and three major retail chains fixed the prices charged to consumers of pre-recorded CDs in violation of federal and state antitrust and consumer protection laws, with an innovative product-based settlement and a cash payment of less than ten percent of the amount originally sought.
· Coordinated multi-jurisdictional litigation involving business-critical non-compete issues for leading fund-raising organization.
°Certain of the above matters were handled by Mr. Martin prior to his joining Greenberg Traurig, LLP.
Publications & Presentations
Articles, Lectures & Publications
In addition to various firm and bar association publications (some of which are available by reprint on Martindale.com), Scott's articles include:
· Author, "After American Needle, Is Everything Old New Again?" Competition Law360, August 4, 2010
· Author, "Can Anyone Keep a Secret Anymore? Beware the differing privilege regimes in the global environment," New York Law Journal, November 16, 2009
· Author, "The linkLine Decision: Section 2 Gets Squeezed Further," GCP: The Online Magazine for Global Competition Policy, April 2009
· Author, "Antitrust Injury in Robinson-Patman Cases: What's Left?," GCP: The Online Magazine for Global Competition Policy, November 2008
· Author, "One Year Post-'Twombly,' Trends Emerge," New York Law Journal, August 25, 2008
· Co-author, "A Rule Of Reason For Vertical Price Fixing - Part II," The Metropolitan Corporate Counsel, Volume 15, No. 11, November 2007
· Author, "A Rule Of Reason For Vertical Price Fixing - Part I," The Metropolitan Corporate Counsel, Volume 15, No. 10, October 2007
· Author, Antitrust in Distribution - Tying, Bundling and Loyalty Discounts, Resale Pricing Restraints, Price Discrimination - Part I," The Metropolitan Corporate Counsel, Volume 14, No. 4, April 2006
· Co-author, "Settlement Practice from Both a Plaintiff and Defense Perspective," Chapter, American Antitrust Institute Handbook on Private Enforcement of Competition Law (U.S. Edition), forthcoming 2012
· Co-author, Chapter (Section 5 of the FTC Act), Business Torts & Unfair Competition Handbook (3d ed.), forthcoming
· Author, Chapter (New York), State Antitrust Practice and Statutes (Fourth), 2009
· Author, "Litigating International Antitrust Cases," Chapter, J. von Kalinowski, Antitrust Counseling and Litigation Techniques, 2007 and update
· Co-author, "Private Antitrust Litigation," Chapter, Global Competition Review - Getting the Deal Through, 2005
· Co-author, "Advising Foreign Clients on US Antitrust Law," Chapter, Asia Pacific Antitrust & Trade Review, 2005
In addition to various firm and in-house presentations, Scott's speaking engagements include:
· Speaker, "Competitor Collaborations: US and EU Joint Venture Law," ABA Section of Antitrust Law, April 2013
· Speaker, "'Have I Got a Deal for You': Big Sellers, Big Issues," New York City Bar Association, January 2013
· Moderator, "Discovery by Leaps and Bounds: Practical Issues in International Antitrust Cases," ABA Section of Antitrust Law, November 2012
· Speaker, "Comcast v. Behrend: Rigorous Analysis - How Much Is Too Much?" New York State Bar Association (NYSBA) Antitrust Law Section, October 2012
· Speaker, "Pricing Fundamentals: Pricing Tied to Other Offerings," ABA Section of Antitrust Law, February 2012
· Speaker, "Settling Class Action Litigation," American Antitrust Institute 5th Annual Future of Private Antitrust Enforcement Conference, December 2011
· Speaker, "Trying a Case Involving Mixed Vertical and Horizontal Restraints: The Legal, Economic and Practical Considerations," ABA Section of Antitrust Law, October 2011
· Speaker, "International Cartel Enforcement in the Digital Age: Collection and Use of Evidence Beyond Borders," New York State Bar Association (NYSBA) Antitrust Law Section, January 2011
· Speaker, "New York's Donnelly Act: Another Tool in the Chest?," NYSBA Antitrust Law Section and ABA Section of Antitrust Law, July 2010
· Speaker, "Pricing Issues," PLI Antitrust Counseling & Compliance Seminar, February 2010
· Speaker, "Robinson-Patman - Price Discrimination," Practising Law Institute (PLI) Advanced Antitrust Seminar: Distribution & Marketing, annually 2003-2009
· Speaker, "Tying and Bundling -- Consumer-Friendly Offers or Exclusionary Conduct?" ABA Section of Antitrust Law, May 2009
· Speaker, "Mastering the Discovery Process for the General Counsel: How to Master the Costs and Burdens of Federal Discovery," Incisive Media, November 2008
· Speaker, "Bundled Discounts: Careful Practice in the Face of Unsettled Law," Ohio State Bar Association Antitrust Institute, November 2008
· Speaker, "Antitrust Developments - A Busy Supreme Court Term Plus A Look at Joint Marketing Activities and Information Sharing," ABA Section of Environment, Energy and Resources, 21st Annual Petroleum Refining and Marketing Law Roundtable, October 2006
· Session Chair, "Antitrust Meets Civil RICO on a Grand Scale," ABA Section of Antitrust Law, March 2006
· Speaker, "Vive le Difference: Dealing Effectively with State Enforcers," ABA Section of Antitrust Law, March 2006
· Defense Counsel, ABA Antitrust Litigation Course: Mock Trial, October 2005
· Panelist, "Lest We Not Forget: State Law Constraints on Price by Robinson-Patman Act," ABA Section of Antitrust, June 2005
· Session Chair, "Defending Against Employee Raiding," ABA Section of Antitrust Law, March 2005
· Session Chair, "Assessing an Unfair Competition Case Under California Section 17200," ABA Section of Antitrust Law, March 2004
· Speaker, "Price Discrimination and Slotting Allowances," Conference Board Antitrust Conference, March 2003
· Speaker, "The Front Lines: Prudent Business Decision-Making in Light of the New Realities of Distribution," March 2003