Scott's practice is devoted to the representation of clients in business disputes, often in the employment context, as well as providing advice to employers and senior executives regarding employment matters. His clients are local and nationally known companies in the real estate, marketing, financial services, executive recruiting, professional services, transportation, retail and manufacturing industries, as well as owners of closely-held companies and individuals with the need for sophisticated representation.
Scott represents clients in commercial disputes involving breach of contract, fraud and fraudulent inducement, fiduciary duty obligations, commercial real estate, and asset recovery.
Select Matters of Note
- Defense of a real estate development group of companies and their principals in over 50 separate lawsuits, including 2 class actions, involving claims of breach of contract and fraud.
- Prosecution of a claim by a closely-held fragrance supplier to an international retailer against a competitor and its affiliates for breach of a non-disclosure and non-solicitation agreement following unsuccessful merger negotiations.
- Dismissal of a consumer deceptive and unfair trade practices lawsuit brought by the Florida Attorney General, following a three-year investigation and two years of litigation, which concluded with the Attorney General dismissing all claims and agreeing to a settlement with the defendant companies for a sum of less than one percent (1%) of the amount originally sought.
- On behalf of a real estate developer, hotel operator and its beneficial owner, successfully won dismissal of a qui tam action, filed ostensibly on behalf of the State of New York, which involved the alleged failure to pay transfer taxes, plus fees and penalties, as part of our clients’ ownership interest in the development of a New York City hotel. The Supreme Court, NY County dismissed the Complaint and ruled that our clients did not own more than 50% ownership interest, which was the threshold for transfer tax applicability.
- Recovery of 100% of principal and interest of a multi-million dollar loan despite the filing of an involuntary bankruptcy action designed to avoid a UCC auction of secured collateral through the sale of a premium Internet domain name that generated the then-highest recorded sale price in history.
- Trial victory in New Jersey Superior Court for our medical technology client successfully asserting a breach of contract claim against its former marketing "partner".
- Multiple dismissals of claims alleging fraud and fraudulent transfer seeking damages and a constructive trust over more than $200 million in monies.
- Following successful preliminary motion practice, resolution of a class action on behalf of a public corporation against which plaintiffs alleged fraud and breach of contract for .001% of the amount initially sought.
- Representation of a financial institution in the foreclosure of a multi-million dollar portfolio of loans secured by commercial real estate that involved litigating contested claims and third-party actions and culminated in the sale of the distressed debt, while managing governmental, political and public relations issues.
Scott's employment and executive compensation practice involves transactional advice and formal dispute resolution. He routinely works with organizational clients to guide them through the myriad of federal, state, and local laws and regulations that govern their businesses.
He regularly counsels publicly-traded and privately-owned companies and senior executives in the negotiation and drafting of employment and separation agreements, particularly with regard to the role of restrictive covenants and protection of trade secrets. He litigates and arbitrates all aspects of employment relationships, including claims of sexual harassment, discrimination, theft of trade secrets, breach of restrictive covenants, compliance with wage and hour laws, worker classification, and retaliation. Scott has authored numerous articles and chapters in trade publications concerning these matters, as well as lectured on these topics at trade conferences in New York and Chicago, before professional associations, and at New York University, Stern School of Business.
Select Matters of Note
- Negotiation of numerous employment and separation agreements for C-Suite executives valued in the hundreds of millions of dollars.
- Representation of businesses and executives in restrictive covenant and trade secret litigation.
- Dismissal of all claims against the CEO of a publicly-traded company alleged to be responsible for purported fraudulent acts of company.
- Successfully avoided personal liability for a hedge fund manager embroiled in a partnership dispute in complex proceedings before the Appellate Division and Court of Appeals of New York.
- Defense of numerous individual and class action wage and hour misclassification cases.
- Routinely prepares employee handbooks to develop and refine policies compliant with federal, state, and local law.
- "Ask the Expert: How FDA approval of the Pfizer vaccine is changing employers’ minds on mandatory jabs," Crain's NY Business (September 13, 2021)
- "Beware Worker Harassment Claims For Nonemployee Conduct" - Law360 (March 5, 2019)
- "Changes to New York Law Regarding Sexual Harassment" - Employment & Employee Benefits Legal Update, Windels Marx (April 2018)
- "Sexual Harassment Guidance for All Employers: Protect Your Employees and Your Company" - Employment & Employee Benefits Legal Update, Windels Marx (November 2017)
- "Increased Salary Threshold for Exempt Status Pursuant to the Fair Labor Standards Act Placed on Hold by Federal Court" - Employment & Employee Benefits Legal Update, Windels Marx (November 2016)
- "NYC Human Rights Law Expanded to Cover Caregivers" - Employment & Employee Benefits Legal Update, Windels Marx (June 2016)
- "Fair Labor Standards Act Update Increase in the Annual Salary Threshold" - Employment & Employee Benefits Legal Update, Windels Marx (June 2016)
- "Defend Trade Secrets Act of 2016" - Employment & Employee Benefits Legal Update, Windels Marx (June 2016)
- "U.S. Department of Labor States Its Interpretation of Employee vs. Independent Contractor - Employment & Employee Benefits Legal Update, Windels Marx (July 2015)
- "Six Employment Law Issues to Watch in 2015" - Employment & Employee Benefits Legal Update, Windels Marx (February 2015)
- "Focus on Joint Employer Liability: National Labor Relations Board General Counsel Determines that McDonald's is a "Joint Employer" with its Franchisees"- Employment & Employee Benefits Legal Update, Windels Marx (July 2014)
- "New York City Overrides Mayor's Veto To Pass Paid Sick Leave Law" - Employment & Employee Benefits Legal Update, Windels Marx (August 2013)
- "U.S. Supreme Court Narrowly Defines "Supervisor" As It Applies To Employer Liability For Unlawful Acts Committed By Employees Against Other Employees" - Employment & Employee Benefits Legal Update, Windels Marx (July 2013)
- "What the Significant Developments of 2012 Will Mean for Employment Lawyers in 2013" - Employment Law 2013, "Inside the Minds" series (February 2013)
- "Constructing Solid Employment Agreements" - Negotiating and Drafting Employment Agreements, "Inside the Minds" series (August 2012)
- "Proper Planning and Considerations When RIFs are Unavoidable" - Employment & Employee Benefits Regulatory Update, Windels Marx (March 2012)
- "New York State Wage Theft Prevention Act: Compliance With The Annual Notice Requirement" - Employment & Employee Benefits Regulatory Update, Windels Marx (December 2011)
- Panelist - Employee and Employer Issues in the Wake of COVID-19, a webinar hosted by Nassau County Legislator Joshua Lafazan (April 6, 2020)
- Panel Moderator – “Protecting Proprietary Information in the Age of Employee Mobility” – ALM Media General Counsel Conference (September 2019)
- Panel Moderator - "Tackling Employment Issues and Ensuring Reasonable Accommodation" - 30th Annual ALM Media General Counsel Conference (September 2018).
Professional Affiliations, Accolades & Academia
Mr. Matthews is a member of the Nassau County Bar Association, Commercial Litigation Committee and the Employment Law Committee.
Mr. Matthews was recognized in the 2019 New York's Top Rated Lawyers, published by the New York Law Journal. Since 2018, Mr. Matthews has been recognized by Super Lawyers New York Metro edition for his work in Business Litigation. From 2012 to 2014, the same publication recognized Mr. Matthews as a "Rising Star" for his work in Business Litigation and Employment & Labor.
While attending Fordham University School of Law, he received the Philip R. Fusco Memorial Award and served as the Business Editor of the Intellectual Property, Media and Entertainment Law Journal. He was also Symposium Editor of the Fordham Sports Law Society.
Mr. Matthews currently serves as pro bono counsel to Woodbury Jewish Center on Long Island.
- Scott Matthews, John Keneally Win Dismissal of $1 Million Transfer Tax Challenge - Apr 22, 2021
- For 2020, Super Lawyers Recognizes 17 Lawyers in New York Metro and Rising Stars Editions - Oct 28, 2020
- NYLJ Publishes 2019 Top Rated Lawyers, 6 Partners Recognized - Dec 9, 2019
- Super Lawyers Recognizes 15 Windels Marx Lawyers on New York Metro, Rising Stars Lists - Sep 12, 2019
- New York Metro Edition of Super Lawyers Recognizes 14 Lawyers - Sep 13, 2018
- Law 360 Reports News of Schwartz, Krauss, Matthews Acquisition Deal - Jun 19, 2017
- Charles Hamilton Represents Boyce Technologies, Inc. on $20M Acquisition - Apr 15, 2016
- New York Metro SuperLawyers Names 20 Windels Marx Lawyers to 2014 Edition - Sep 23, 2014
- Windels Marx Represented on Super Lawyers' List of Top Attorneys - Mar 25, 2014
- Windels Marx Secures Dismissal of Consumer Deceptive and Unfair Trade Practices Lawsuit Brought by the Attorney General of the State of Florida - Jun 28, 2012
- John Driscoll and Scott Matthews Counsel Turkish Wireless Phone Company in Patent Infringement Case - Dec 9, 2011
- Windels Marx Promotes Three to Partner: Tony Casas, Wayne Cook, Jr., and Scott Matthews - May 10, 2011
- General Counsel Conference 2019 - A Corporate Counsel Event - Dec 15, 2020
- COVID-19 - Scott Matthews Joins Nassau County Legislator Josh Lafazan on April 6th - Apr 6, 2020
- COVID-19 - Transportation Industry Risk Mitigation and Resiliency - Mar 20, 2020
- 30th Annual General Counsel Conference 2018 - A Corporate Counsel Event - Sep 26, 2018
- Employment and Litigation Partner, Scott Matthews, Talks to Crain's NY Business About Vaccine Mandates - Sep 13, 2021
- Significant Changes in Federal Definition of Employee vs. Independent Contractor Status - Oct 1, 2020
- New York Extends Guaranteed Paid Sick Leave - Sep 15, 2020
- COVID-19 - Safety Plans and Other NY State Requirements as Businesses Prepare to Return to Work - May 27, 2020
- COVID-19 - The Do’s And Don’ts Of Using Your PPP Loan In Order To Ensure That It Is Forgiven - May 8, 2020
- COVID-19 - Understanding The Business Risks Associated With Remote Work Arrangements - May 1, 2020
- COVID-19 - Excusable Non-Performance Due to COVID-19 - Apr 9, 2020
- Rod Honecker, Scott Matthews Dissect New Workplace Risks for Law360 - Mar 5, 2019
- Changes to New York Law Regarding Sexual Harassment - Apr 20, 2018
- Sexual Harassment Guidance for All Employers: Protect Your Employees and Your Company - Nov 30, 2017
- Fair Labor Standards Act Update Increase in the Annual Salary Threshold by Scott Matthews - Jun 20, 2016
- NYC Human Rights Law Expanded to Cover Caregivers by Scott Matthews - Jun 20, 2016
- Defend Trade Secrets Act of 2016 by Scott Matthews - Jun 15, 2016
- U.S. Department of Labor States Its Interpretation of "Employee" vs. "Independent Contractor" - Jul 16, 2015
- Six Employment Issues to Watch in 2015 - Mar 11, 2015
- Scott Matthews, Sharon Klein Provide Legal Update "New York City Overrides Mayor's Veto To Pass Paid Sick Leave Law" - Aug 16, 2013
- Scott Matthews, Sharon Klein Provide Legal Update "U.S. Supreme Court Narrowly Defines "Supervisor" As It Applies To Employer Liability For Unlawful Acts Committed By Employees Against Other Employees" - Jul 10, 2013
- Scott Matthews Authors Chapter on Employment Law in 2013 for "Inside the Minds" Series - Feb 21, 2013
- Scott Matthews Authors "Constructing Solid Employment Agreements" for "Inside the Minds" Publication - Aug 9, 2012
- Proper Planning & Considerations When RIFs are Unavoidable - Mar 8, 2012
- New York State Wage Theft Prevention Act: Compliance With The Annual Notice Requirement - Dec 1, 2011
- Litigation & Alternative Dispute Resolution
- Appellate Litigation
- Class Action Defense
- Commercial Litigation
- Employment Litigation
- Employment & Employee Benefits
- Data Privacy & Cybersecurity
- White Collar Defense & Corporate Investigations
- Real Estate Litigation
- Public Finance & Not-for-Profit
- COVID-19 Response & Resources
- J.D., Fordham University School of Law, 1999
- B.A., University of Florida, 1996
- New York
- New Jersey
- United States District Court for the District of New Jersey
- United States District Court for the Eastern District of New York
- United States District Court for the Northern District of New York
- United States District Court for the Southern District of New York
- United States Court of Appeals for the Federal Circuit
- United States Court of Appeals for the Second Circuit