Bsfllp Description

Home

Print this page

Scott E. Gant

Partner
Washington, DC

t: 202 237 2727
f: 202 237 6131

sgant@bsfllp.com
Download vCard

Areas of Practice

Litigation

Antitrust

Appellate

Class Actions

Constitutional Law and First Amendment / Mass Media

Intellectual Property


Education

Harvard Law School, J.D., cum laude, 1995

Wesleyan University, B.A., with honors, 1991


Clerkships

Hon. Anthony J. Scirica, United States Court of Appeals for the Third Circuit, 1995-1996


Admissions

District of Columbia

Scott Gant is a Partner in Boies, Schiller & Flexner’s Washington, DC office. His main practice areas include commercial litigation, class actions (for plaintiffs and defendants), antitrust, intellectual property and constitutional law, at the trial and appellate levels.

Class Actions

Mr. Gant has represented plaintiffs and defendants in class actions at the trial and appellate levels. Representative clients and matters include:

  • Co-lead counsel for Class Plaintiffs in an antitrust and patent case against Hoffmann-La Roche and Applera concerning purchases of an enzyme critical for the replication of DNA (class certification granted and obtained $33 million settlement for the class)
  • Co-lead counsel for Class Plaintiffs in a breach of contract case by borrowers against an Ohio bank (class certification granted June 2012)
  • Represent shareholders of AIG stock asserting a claim against the U.S. Government for alleged unconstitutional taking in violation of the Fifth Amendment
  • Defense of Dow Chemical at month-long trial in federal antitrust class action alleging price fixing in the polyurethane industry, and in post-trial proceedings (including motion to decertify the Class)
  • Defense of Delta Air Lines in federal antitrust class actions concerning the imposition of fees for checked baggage
  • Defense of BNY Mellon in a federal class action asserting breach of contract and tort claims related to the bank’s securities lending business
  • Defense of DuPont and its subsidiary Pioneer Hi-Bred in nearly 20 federal and state class actions concerning the sale of genetically modified seeds
  • Defense of Northwest Airlines in several federal class actions asserting antitrust claims concerning passenger airlines service

Antitrust and Competition Law

Mr. Gant has represented plaintiffs and defendants in antitrust litigation at the trial and appellate levels, and also worked on mergers subject to review by antitrust regulators. Representative clients and matters include:

  • Defense of Dow Chemical against claims under Section 1 of the Sherman Act alleging price fixing in the polyurethane industry
  • Defense of Delta Air Lines against claims under Section 1 and 2 of the Sherman Act concerning the imposition of fees for checked baggage
  • Defense of AT&T/Southwestern Bell Telephone against monopolization claims brought in Texas state courts and in federal court in Oklahoma concerning the payphone industry
  • Defense of DuPont and its subsidiary Pioneer Hi-Bred against federal and state antitrust claims concerning the sale of genetically modified seeds
  • Defense of Northwest Airlines in several federal antitrust lawsuits, brought by consumers, competitors and a supplier
  • Representation of Northwest Airlines in governmental investigations concerning alleged price fixing for air cargo transport services
  • Representation of Northwest Airlines before regulatory agencies concerning a proposed alliance between rival airlines
  • Representation of American Express in antitrust litigation against Visa, MasterCard and several of their member banks
  • Representation of Broadcom in litigation against Qualcomm involving antitrust and related claims concerning the markets for chips used in mobile devices
  • Representation of the New York Jets in asserting antitrust claim against Cablevision related to the Jets’ effort to build a stadium and convention center on the West Side of Manhattan

Intellectual Property

Mr. Gant has represented plaintiffs and defendants in several intellectual properties matters including:

  • Defense of Amazon.com against allegations of patent infringement in cases in the United States and Germany
  • Defense of Amazon.com against a claim under the Lanham Act
  • Co-lead counsel for Class Plaintiffs in a case against Hoffmann-La Roche and Applera concerning the validity of a patent for an enzyme used to replicate DNA
  • Counseling of media clients on copyright law issues including infringement and fair use

Constitutional Law

Mr. Gant litigates, writes and teaches about a range of constitutional law issues. These include:

  • Represent shareholders of AIG stock asserting a claim against the U.S. Government for alleged unconstitutional taking in violation of the Fifth Amendment
  • Represented Laidlaw Environmental Services before the Supreme Court of the United States in a case concerning standing under Article III of the U.S. Constitution
  • Represented Members of Congress as amici curiae before the Supreme Court of the United States in District of Columbia v. Heller, the Second Amendment case decided in June 2008
  • Prepared petitions for certiorari submitted to the Supreme Court of the United States addressing the First Amendment’s Free Exercise Clause and the Sixth Amendment
  • Represented Indian Tribes in a lawsuit challenging the constitutionality of New York State’s efforts to regulate Tribes’ ecommerce businesses
  • Counseled client on Commerce Clause issues related to taxation of sales made through the Internet
  • Litigated and provided counseling on constitutional questions related to class action procedure including Seventh Amendment and Due Process Clause issues
  • Litigated and provided counseling on constitutional questions related to antitrust law including the Noerr-Pennington doctrine
  • Defense of the New Republic magazine against defamation claims
  • Pre-publication and post-publication counseling of media clients on defamation and other First Amendment issues
  • Authored numerous articles and a book on constitutional law issues
  • Taught constitutional law seminar at Georgetown Law School as a member of the Adjunct faculty

Writing and Teaching

Mr. Gant has written numerous scholarly articles (listed below), and also published opinion pieces in The Wall Street Journal, Washington Post, Los Angeles Times, Christian Science Monitor, Huffington Post and Salon.

In June 2007, Simon & Schuster's Free Press published Mr. Gant’s first book, We're All Journalists Now: The Transformation of the Press and Reshaping of the Law in the Internet Age.

Mr. Gant has been an Adjunct Professor of Law at Georgetown Law School, where he has taught a constitutional law seminar.

Arbitration and Bar Activities

Mr. Gant has arbitrated attorney-client fee disputes for more than fifteen years for the District of Columbia Bar's Attorney/Client Arbitration Board.

He also served for many years on the American Bar Association’s Section of Litigation Book Publishing Board and the American Bar Association’s Standing Committee on Gavel Awards.

Publications

"Self-Regulation and an Independent Judiciary," in The Politics of Judicial Independence (Johns Hopkins University Press 2010)

We're All Journalists Now: The Transformation of the Press and Reshaping of the Law in the Internet Age (Free Press 2007)

Debate, Congress's Power To Compel the Televising of Supreme Court Proceedings, 156 University of Pennsylvania Law Review PENNumbra 46 (2007), http://www.pennumbra.com/debates/pdfs/Televising_Supreme_Court.pdf

Missing the Forest for a Tree: Unpublished Opinions and New Federal Rule of Appellate Procedure 32.1, 47 Boston College Law Review 705 (2006)

The Contagion of Constitutional Avoidance, 22 Constitutional Commentary 497 (2005)

The Law of Unintended Consequences: Supreme Court Jurisdiction Over Interlocutory Class Certification Rulings, 6 Journal of Appellate Practice and Process 249 (2004)

Presidential Inability and the Twenty-Fifth Amendment's Unexplored Removal Provisions, 1999 Michigan State University Law Review 791 (1999)

The Twice and Future President: Constitutional Interstices and the Twenty-Second Amendment, 83 Minnesota Law Review 565 (1999) (co-authored with Bruce G. Peabody)

Bajakajian and Excessive Fines Claims Against the United States, 8 Federal Circuit Bar Journal 39 (1999)

Judicial Supremacy and Nonjudicial Interpretation of the Constitution, 24 Hastings Constitutional Law Quarterly 359 (1997)

Musings on a Constitutional Mystery: Missing Presidents and 'Headless Monsters'?, 14 Constitutional Commentary 83 (1997) (co-authored with Bruce G. Peabody)

Related News

No Easy Way to Be Fair on Media Credentials (In The News)

BSF Achieves $33 Million Settlement on Behalf of Class in Antitrust and Patent Case Concerning DNA Amplification (December 19, 2008)

Firm Report: July 2008 (07.28.2008)

Firm Report: January 2008 (Vol. 3, Issue I) (01.22.2008)

BSF Files Brief in Supreme Court's Second Amendment Case on Behalf of Members of Congress (January 11, 2008)

Firm Report: July/August 2007 (Vol. 2, Issue II) (08.22.2007)

Boies, Schiller & Flexner Partner Scott Gant Publishes New Book, "We're All Journalists Now" (06.06.2007)

Firm Report: April 2007 (Vol. 2, Issue I) (04.01.2007)

Firm Report: November 2006 (Vol. 1, Issue III (11.01.2006)

Firm Report: July 2006 (Vol. 1, Issue II) (07.01.2006)