
Prior Professional Experience
- Akerman Senterfitt
- Adjunct Professor, Nova Southeastern University, Shepard Broad Law Center
- Judicial Clerk to the Honorable Robert M. Gross, Former Chief Judge of the Fourth District Court of Appeals
Community Involvement
- U.S. Magistrate Judge Merit Section and Reappointment Panel, Southern District of Florida, 2018-2019
- Fifteenth Judicial Circuit Grievance Committee "D," Chairman
- Chamber of Commerce of the Palm Beaches, Former Board Member
- Nova Southeastern University Law Alumni Association, Former Board Member and Past President of Palm Beach County Chapter
Awards and Recognitions
- Nova Southeastern University, Shepard Broad Law Center, 2011 Adjunct Professor of the Year Award
- AV® Rating by Martindale-Hubbell (highest rating for ethical standards and legal ability)
- Listed in Florida Super Lawyers Magazine
- Listed in Florida Trend's Magazine Legal Elite
- Listed in the South Florida Legal Guide, Top Up and Comers
- Listed in Palm Beach Illustrated, Top Laywers
Education
- J.D., Nova Southeastern University, Shepard Broad Law Center, 2004
- Summa cum laude (Top 1% of graduating class)
- Michael L. Richmond Award for Academic Excellence
- Recipient of the Dean's Merit Scholarship
- Nova Law Review, Associate Editor
- Nova Southeastern University High Grade Awards for Employment Discrimination, Contracts, Civil Procedure, Evidence, Constitutional Law, and Wills, Trusts & Estates
- Fredrick J. Damski Memorial Book Award for Outstanding Achievement in Constitutional Law
- B.S., Florida Atlantic University, 2001; Management and Marketing, Dean's List, Minor: Advertising
Representative Clients
- Apollo Global Management
- BBX Capital Corporation
- Better Business Bureau
- Bluegreen Corporation
- Brinks Home Security
- Domino Sugar
- Florida Crystals Corporation
- Homeland Energy Solutions
- InfinityDISH
- State Farm Insurance (MCIU)
Scott W. Atherton
Tel: (561) 293-2530
Email: Scott@AthertonLG.com
Scott Atherton has a broad-based complex commercial litigation practice, which includes representing public and private companies in shareholder disputes, fraud litigation, deceptive trade practices actions, and employment law-related claims. Scott also represents attorneys, accountants, and other fiduciaries in professional liability cases and litigates a broad range of e-discovery sanctions disputes.
Although Scott's practice is concentrated in federal and state courts in Florida, he has also represented clients in courts, arbitrations, and administrative forums across the country, including in California, Illinois, Iowa, Minnesota, Oklahoma, Pennsylvania, New York, Texas, Virginia, and West Virginia.
Areas of Practice
- Business Litigation
- Shareholder and Securities Disputes
- Employment Claims
- Contract Actions
- Deceptive Trade Practices Litigation
- Noncompete and Trade Secret Claims
- Professional Liability Disputes
- Healthcare Fraud
- Electronic Discovery
Representative Experience
Business Litigation
-
Defense of a Chicago-based international law firm in breach of fiduciary duty action where the plaintiff,
the former CEO of an oil and gas company, sought over $1 billion in economic damages. The Court struck the
former CEO’s claims as a sanction after a five day federal court trial and entered judgment against the
former CEO. See Leor Exploration & Production, LLC v. Aguiar, 2010 WL 3782195 (S.D. Fla. Sept. 8,
2010). The
CEO’s trial counsel included Harvard Law Professor Alan Dershowitz, a former U.S. Attorney for the Southern
District of Florida, and several large international law firms.
Read More →
Shareholder and Securities Disputes
-
Represented publicly registered alternative fuel company in defense of hostile takeover attempt by the
company's largest unit holder. After the unit holder refused to close on a $30,000,000 agreement for the
repurchase of his interest in the company, the unit holder attempted to take control of the board of
directors and filed a variety of claims against the company, members of its board, and the company's
management, including state and federal securities fraud claims, breach of fiduciary duty claims, claims to
enjoin investor votes, and claims alleging certain proxy statements were misleading. See Retterath v.
Homeland Energy Solutions, LLC et al, 2014 WL 7776705 (S.D. Iowa Dec. 24, 2014).
Read More →
Employment Claims
-
Represented international video game and entertainment company in defense of race discrimination claims
asserted by the Civil Rights Division of a large municipality on behalf of patrons. The claims asserted
involved, among other allegations, racial profiling, use of excessive force by security personnel, and
racially biased dress code rules.
Read More →
Contract Actions
-
Trial counsel for seller in a stock purchase dispute resulting in an $867,854 damage award for seller
(exclusive of attorneys’ fees and costs). See Petlev c. Monitor Outlet, Inc., Case No.
2007CA017348XXXXMBAG
(Fla. 15th Jud. Cir. 2007).
Read More →
Deceptive Trade Practices Litigation
-
Defended national consumer service provider against Lanham Act false advertising/unfair competition and
deceptive trade practice claims asserted by its largest competitor. The competitor sought a permanent
injunction and damages in excess of $21,000,000.00, alleging that certain sales personnel employed by
companies which transact with our client had made misrepresentations to at least 150 consumers across the
country.
Read More →
Noncompete and Trade Secret Cases
-
Trial counsel for international security company in a noncompete action against two former area managers
resulting in the entry of a final injunction following a four day trial. Court also awarded security company
client approximately $240,000 in prevailing party attorneys’ fees and costs. See Wackenhut Corp. v.
Schira,
Case No. 502008CA005466XXXXMBAA (Fla. 15th Jud. Cir. 2008).
Read More →
Professional Liability Disputes
-
Defense of malpractice claims, and prosecution of counterclaim for unpaid legal services, on behalf of
national law firm. After obtaining partial summary judgment determining that the plaintiff was obligated to
pay the firm approximately $415,000, the plaintiff attempted to voluntarily dismiss his malpractice
complaint. The Court determined that it maintained jurisdiction to enforce certain sanctions against the
plaintiff, even after his voluntary dismissal of the malpractice claims, and the Court further ruled that
the firm was entitled to prevailing party attorneys’ fees for its counterclaim. See White v. Buckingham
Doolittle & Burroughs, LLP, 2010 WL 3823479 (Fla. 15th Jud. Cir. Apr. 16, 2010).
Read More →
Healthcare Fraud
-
Prosecuted RICO, fraud, and deceptive trade practice claims, including action on behalf of auto insurance
carriers seeking in excess of $35 million in damages against physicians, surgery centers, and medical
practice managers relating to certain spinal procedures performed on personal injury claimants. See State
Farm Mut. Auto. Ins. Co. v. Kugler et al, 2011 WL 4389915 (S.D. Fla. Sept 21, 2011).
Read More →
Electronic Discovery
-
Trial counsel for attorney in connection with cross fraud-on-the-court motions relating to manipulated email
evidence in a large commercial case. The main issue tried was whether the attorney we represented, or his
opposing counsel, manipulated certain email evidence which had been presented at a summary judgment hearing
by opposing counsel in support of economic damage claims in excess of $40 million. Following a four day
trial, the court found, "by clear and convincing evidence, that either [the opposing party] or [opposing
counsel] … fraudulently doctored the email." See Palm Beach Florida Hotel v. Nantucket Enterprises,
Inc.,
2013 WL 686433 (Fla. Jud. Cir. Feb. 25, 2013). The court struck certain of the opposing counsel’s pleadings,
and also awarded attorneys’ fees to our client.
Read More →
Bar Admissions
- Florida Bar
- Southern District of Florida
- Middle District of Florida
Atherton Galardi Mullen & Reeder PA
224 Datura Street, Suite 815 | West Palm Beach, Florida 33401
Tel: (561) 293-2530 | Fax: (561) 293-2593
Home | Practice Areas | Attorneys | Contact Us
All content © 2021 Atherton Galardi Mullen & Reeder PA. All rights reserved.