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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.
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.
I frequently represent clients in cases involving unfair competition disputes, such as those involving business conspiracy, breaches of contract, and fiduciary duty claims.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
Emory University, B.A.
University of Virginia School of Law, J.D.
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