Scott E. Gant

Partner
Washington, DC

t: 202 237 2727
f: 202 237 6131

sgant@bsfllp.com

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Areas of Practice

Constitutional Law and First Amendment / Mass Media

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 and Pennsylvania (inactive)

Scott Gant is a Partner in Boies, Schiller & Flexner LLP's Washington, DC office. His main practice areas include commercial litigation, class actions (for plaintiffs and defendants), antitrust and constitutional law, at the trial and appellate levels. He is also an Adjunct Professor of Law at Georgetown Law School, where he will teach a constitutional law seminar in Spring 2010.

Mr. Gant's recent and ongoing matters include: defense of Delta Air Lines in federal antitrust class actions; defense of DuPont and Pioneer Hi-Bred against federal and state law antitrust class actions; co-lead counsel for the Class Plaintiffs in an antitrust and patent case against Hoffmann-La Roche and Applera ($33 million settlement approved in December 2008); 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; defense of AT&T/Southwestern Bell Telephone against monopolization claims brought in Texas state courts and in federal court in Oklahoma; defense of Northwest Airlines in federal antitrust class actions; and representation of the New York Jets in litigation against Cablevision related to the Jets' effort to build a stadium and convention center on the West Side of Manhattan. He also prepared an amicus brief for members of Congress in District of Columbia v. Heller, the Second Amendment case decided by the United States Supreme Court in June 2008.

Mr. Gant graduated with honors from Wesleyan University in 1991, and cum laude from Harvard Law School in 1995. Following law school, Mr. Gant served as a law clerk for the Honorable Anthony J. Scirica, United States Court of Appeals for the Third Circuit.

Mr. Gant's scholarly publications include: Missing the Forest for a Tree: Unpublished Opinions and New Federal Rule of Appellate Procedure 32.1, 47 Boston College Law Review 705 (2006); The Contagion of Constitutional Avoidance, 22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). He has also published opinion pieces in the Wall Street Journal, Washington Post, Los Angeles Times, Christian Science Monitor and Huffington Post.

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 serves as an arbitrator for the District of Columbia Bar's Attorney/Client Arbitration Board, and on the American Bar Association's Section of Litigation Book Publishing Board and Standing Committee on Gavel Awards. He is admitted to practice in the District of Columbia, Pennsylvania (inactive) and numerous federal courts.

Selected Publications and Presentations

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)