Scott M. Dinner



Scott M. Dinner is a litigator who represents businesses in commercial disputes and antitrust matters. He has first chaired trials, evidentiary hearings, and non-evidentiary hearings and litigated class actions and other complex claims.

What do you focus on?

I focus on litigating business disputes such as business conspiracy, trade secret, misappropriation, breach of fiduciary duty, and other unfair business practices. I also handle disputes involving contract claims, including non-compete agreements, shareholder agreements, and LLC operating agreements. In addition, I represent minority and majority owners in ownership disputes and cases involving shareholder oppression and minority squeeze-out claims.

In my antitrust practice, I assist clients in navigating a range of complex antitrust regulations and laws. While I have significant experience handling antitrust litigation matters, I also provide an array of counseling and advisory services to my clients. This includes developing and implementing antitrust compliance and training programs, conducting audits to uncover potential exposure, and working with clients to implement effective sales and distribution strategies, including minimum resale price requirements and customer or territorial resale restrictions. I also have intimate familiarity with the reach of the federal Capper-Volstead Act antitrust exemption and state analogue exemptions, and assist agricultural cooperatives and associations in ensuring that they fall within the scope of these exemptions.

I ensure matters run smoothly by conducting in-depth legal research and providing analysis, reviewing discovery, drafting pre-trial motions to trials, post-trials and appeals, and assisting expert economic witnesses in drafting expert reports and in preparing to testify at hearing.

Representative Experience

  • Wrote an amicus brief on behalf of recording artists in a United States Supreme Court case involving the class action cy pres doctrine
  • Obtained dismissal of two of three damages claims and a partial dismissal of the third claim, and negotiated a favorable resolution in a business dispute between a government contractor and a sub-contractor
  • Defended an international food chain against copyright infringement claims
  • Obtained a declaratory judgment in favor of a property owner after a three-day bench trial
  • Successfully pursued antitrust claims against some of the world’s largest manufacturers of computer memory
  • Conducted Capper-Volstead compliance analysis for a large agricultural association
  • Obtained an $84 million settlement for clients in a case alleging that the defendant deliberately stripped annuity policyholders of their dividend
  • Defended (as first chair) a government contractor against multi-million-dollar breach of contract claims

What do you see on the horizon?

I see the rise of big data and the internet of things fundamentally transforming the way cases are litigated. Having legal counsel intimately familiar with these new data sources and how to leverage them will be critical to obtaining successful results in and out of the courtroom.

Prior Experience

Before joining Nixon Peabody, Scott was an associate in commercial litigation at two Virginia-based law firms. In his previous firm, Scott served as the firm’s point person for all strategic decisions related to e-discovery, including collection, preservation, spoliation, and forensic examination.

Indicted Flynn Associate Wants To Weigh In On DOJ Dismissal

Law360 | June 05, 2020

This article mentions Chicago Government Investigations & White Collar Defense partner Chris Hotaling and Washington, D.C. Complex Commercial Disputes associate Scott Dinner for representing Ekim Alptekin, who on Friday requested permission to file an amicus brief in support of the U.S. Department of Justice's bid in U.S. v. Flynn.

Contact

Scott M. Dinner

Associate

Washington, DC

Phone: 202-585-8505


Fax: 844-996-1233

University of Virginia School of Law, J.D.

Emory University, B.A.

Virginia

District of Columbia

Maryland

U.S. Supreme Court

U.S. Court of Appeals, Third Circuit

U.S. District Court, District of the District of Columbia

U.S. District Court, Eastern District of Virginia

U.S. District Court, Western District of Virginia

U.S. Court of Federal Claims

  • 2021 Best Lawyers: Ones to Watch recognition for Commercial Litigation
  • 2019 & 2020 Rising Star—Business Litigation, Super Lawyers, Virginia and Washington, D.C.
  • 2019 Virginia State Elite—Young Lawyer, Virginia Business

Scott is a member of the Virginia State Bar, the District of Columbia Bar, and the Maryland State Bar. He also serves on the executive committee of the William J. Bryan American Inn of Court.

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