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Nixon Peabody LLP

Scott M. Dinner

Associate

Introduction

Scott M. Dinner is a litigator who represents public and private companies in courts across the nation. He also advises employers regarding restrictive covenants, trade secret protection, and antitrust compliance. Scott’s practice covers a diverse array of matters, including those involving restrictive covenants, trade secrets, unfair competition, antitrust law, class actions, employment litigation, contract disputes, shareholder remedies, and real estate.

Practice Areas

Complex DisputesLitigationAntitrustClass Actions & Aggregate LitigationNon-Compete & Trade Secrets

My focus

Restrictive Covenants and Trade Secrets

As a member of the firm’s Non-Compete & Trade Secrets Team, I represent clients in restrictive covenant and trade secret disputes in state and federal courts throughout the country. I also advise employers on restrictive covenants and trade secret protection. This includes assisting companies in drafting or updating non-compete agreements, non-disclosure agreements, inevitable disclosure agreements, and non-solicitation agreements, as well as helping companies develop procedures to protect their trade secrets and confidential information.

Unfair Competition

I frequently represent clients in cases involving unfair competition disputes, such as those involving business conspiracy, breaches of contract, and fiduciary duty claims.

Class Action and Complex Litigation

I have extensive experience helping clients navigate class actions and other collective litigation. I began my career working exclusively on antitrust and consumer fraud class actions, and now leverage my experience to help clients successfully navigate these difficult disputes.

Antitrust

I assist clients in navigating a range of complex antitrust regulations and laws. I have significant experience handling antitrust litigation matters, and 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.

Agricultural Cooperatives and the Capper-Volstead Act

I have an intimate familiarity with the reach of the federal Capper-Volstead Act, which creates an antitrust exemption for agricultural cooperatives, as well as the agricultural cooperative laws of numerous states. The failure of a cooperative to comply with these laws can subject them, and their members, to substantial liability. My familiarity with these laws was gained through years of litigating their contours. I now use this familiarity to assist agricultural cooperatives, associations, and farmers in ensuring that they are in compliance with these laws and covered by the antitrust exemptions that these laws provide.

Employment

I defend employers in labor and employment matters, including those involving the Fair Labor Standards Act (FLSA), Title VII, the Americans with Disabilities Act (ADA), wage and hour claims, harassment and discrimination claims, and sick and safe leave claims.

Other Commercial Litigation

I also represent clients in a variety of other commercial matters, including partner and shareholder disputes, real estate disputes, commercial landlord-tenant disputes, and copyright disputes.

Representative experience

  • Successfully obtained a full defense verdict as lead attorney in a weeklong federal jury trial regarding the Fair Credit Reporting Act
  • Obtained summary reversal by the Virginia Court of Appeals of a trial court’s denial of a preliminary injunction
  • Obtained a preliminary injunction enjoining a landlord from trespassing on commercial tenant’s leasehold estate
  • Wrote an amicus brief on behalf of recording artists in a United States Supreme Court case involving the class action cy pres doctrine
  • Obtained an order preventing former employees from certifying a class action in an action against a group of restaurants regarding the DC Paid Leave Act
  • 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 a government contractor against multi-million-dollar breach of contract claims

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.

Looking ahead

I see state and federal governments continuing to impose bans and substantial restrictions on the use and enforcement of non-compete agreements. Employers will thus need to be extra vigilant in the protection of their trade secrets and confidential information. They will also need to rely on less common means of preventing employees from taking trade secrets to a competitor, such as invoking the inevitable disclosure doctrine when it is available. Having legal counsel intimately familiar with trade secret law and, in particular, the inevitable disclosure doctrine will be critical to protecting their sensitive information.

/Insights

In the news

  • New Hampshire Union Leader

    Court rejects state’s appeal request in AARP disabilities lawsuit

    This article covers the US Court of Appeals for the First Circuit rejecting the State of New Hampshire’s appeal request in a class action lawsuit claiming the state-run Choice for Independence (CFI) program is failing to provide authorized services to participants, putting them at unnecessary risk of being institutionalized in nursing homes. Manchester Complex Disputes counsel Kierstan Schultz is quoted in the coverage. The article mentions NP for representing the plaintiffs in the case along with NH Legal Assistance, the AARP Foundation, and Disability Rights Center-NH. The NP team also includes Government Investigations & White-Collar Defense partner Mark Knights and Privacy & Technology partner Dan Deane, both of the Manchester office, and Complex Disputes associates Tammy Nguyen of Chicago and Scott Dinner of Washington, DC.

    Feb 26, 2024
  • New Hampshire Bulletin

    State facing class-action lawsuit over in-home care for older and disabled residents

    This article covers a New Hampshire federal judge certifying a class-action lawsuit filed on behalf of a group of disabled individuals alleging that the state health department mismanaged the Choices for Independence (CFI) Medicaid Waiver program, which allows participants to safely live at home rather than being forced into institutional settings such as nursing facilities. The article mentions NP for representing the plaintiffs in the case along with NH Legal Assistance, Disability Rights Center-NH, and the AARP Foundation. The NP team includes Government Investigations & White-Collar Defense partner Mark Knights, Privacy & Technology partner Dan Deane, and Complex Disputes counsel Kierstan Schultz, all of the Manchester office, and Complex Disputes associates Tammy Nguyen of Chicago and Scott Dinner of Washington, DC.

    Dec 4, 2023
  • New Hampshire Union Leader

    Healthcare lawsuit vs. state can proceed as class action

    This article quotes Manchester Complex Disputes counsel Kierstan Schultz on a New Hampshire federal court decision to certify a class of disabled individuals in their lawsuit alleging that the state health department mismanaged the Choices for Independence (CFI) Medicaid Waiver program, which allows participants to safely live at home rather than being forced into institutional settings such as nursing facilities. NP—together with NH Legal Assistance, Disability Rights Center-NH, and the AARP Foundation—is representing the plaintiffs. In addition to Kierstan, the NP team includes Government Investigations & White-Collar Defense partner Mark Knights and Privacy & Technology partner Dan Deane, both of the Manchester office, and Complex Disputes associates Tammy Nguyen of Chicago and Scott Dinner of Washington, DC.

    Nov 30, 2023
  • Bloomberg Law

    Disabled participants get class status in home care gap case

    The following article covers a New Hampshire federal court decision to certify a class of disabled individuals in their lawsuit alleging that the state health department mismanaged the Choices for Independence (CFI) Medicaid Waiver program, which allows participants to safely live at home rather than being forced into institutional settings such as nursing facilities. NP—together with NH Legal Assistance, Disability Rights Center-NH, and the AARP Foundation—is representing the plaintiffs. The NP team includes Government Investigations & White-Collar Defense partner Mark Knights, Privacy & Technology partner Dan Deane, and Complex Disputes counsel Kierstan Schultz, all of the Manchester office; and Complex Disputes associates Tammy Nguyen of Chicago and Scott Dinner of Washington, DC.

    Nov 28, 2023
  • Law360

    Now-certified class alleges NH has bungled Medicaid program

    The following article covers a New Hampshire federal court decision to certify a class of disabled individuals in their lawsuit alleging that the state health department mismanaged the Choices for Independence (CFI) Medicaid Waiver program, which allows participants to safely live at home rather than being forced into institutional settings such as nursing facilities. NP—together with NH Legal Assistance, Disability Rights Center-NH, and the AARP Foundation—is representing the plaintiffs. The NP team includes Government Investigations & White-Collar Defense partner Mark Knights, Privacy & Technology partner Dan Deane, and Complex Disputes counsel Kierstan Schultz, all of the Manchester office; and Complex Disputes associates Tammy Nguyen of Chicago and Scott Dinner of Washington, DC.

    Nov 27, 2023
  • New Hampshire Bulletin

    ‘We’re teetering on the edge.’ Are Medicaid rates making it harder to age at home?

    This article, focusing on roughly 600 New Hampshire residents at risk of losing at-home care in July if the state doesn’t increase its Medicaid-funded Choices for Independence (CFI) payments to providers, refers to a pending CFI federal lawsuit filed against the state Department of Health and Human Services by NP, New Hampshire Legal Assistance, Disability Rights Center – New Hampshire, and the AARP Foundation. The NP team involved in the case is led by Manchester Complex Disputes counsel Kierstan Schultz and includes Government Investigations & White-Collar Defense partner Mark Knights and Cybersecurity & Privacy partner Dan Deane, both of Manchester, and Complex Disputes associates Scott Dinner of Washington, DC and Tammy Nguyen of Chicago.

    March 22, 2023
  • Law360

    Indicted Flynn Associate Wants To Weigh In On DOJ Dismissal

    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.
    June 5, 2020

Admitted to practice

Virginia
District of Columbia
Maryland
U.S. Supreme Court
U.S. Court of Appeals, Third Circuit
U.S. District Court, District of Columbia
U.S. District Court, District of Maryland
U.S. District Court, Eastern District of Virginia
U.S. District Court, Western District of Virginia
U.S. Court of Federal Claims

Education

Emory University, B.A.
University of Virginia School of Law, J.D.

Professional activities

  • Virginia State Bar
  • District of Columbia Bar
  • Maryland State Bar
  • William J. Bryan American Inn of Court, Executive Committee

Recognition

  • Named to the list of “Ones to Watch” by The Best Lawyers in America© in 2024 for Antitrust Law and Commercial Litigation; also listed for Antitrust Law in 2022 and Commercial Litigation in 2021 in Washington, DC
  • 2019–2024 Rising Star—Business Litigation, Super Lawyers, Washington, DC
  • 2019 & 2020 Rising Star—Business Litigation, Super Lawyers, Virginia
  • 2019 Virginia State Elite—Young Lawyer, Virginia Business

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