Scott Paul Drake

Partner
Norton Rose Fulbright US LLP

Dallas
United States
T:+1 214 855 8341
Dallas
United States
T:+1 214 855 8341
Scott Paul Drake

Scott Paul Drake

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Biography

Scott Drake is a partner in the Dallas office, where he spends his career handling complex business disputes and litigation. His practice focuses on complex commercial litigation, with experience prosecuting and defending claims in commercial disputes, bankruptcy related litigation, and class actions of all types. Mr. Drake has represented national and international companies in a variety of industries in state and federal courts throughout the country.


Professional experience

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JD, with Honors, The University of Texas School of Law, 2000
BBA, Management, Texas A&M University, 1997

Mr. Drake  was admitted to practice law in Texas in 2000. He isalso admitted in the U.S. District Courts for the Northern, Eastern, Western and Southern Districts of Texas and the U.S. Court of Appeals for the Fifth Circuit. He routinely practices throughout Texas in both federal and state court and has handled matters in numerous other courts throughout the country.

  • New York State Bar
  • Texas State Bar

Some of the cases Scott has handled recently include the representation of:


Class Actions:

  • Served as lead counsel for automotive component manufacturer in a nationwide federal court class action relating to various warranty and contractual indemnity claims.  Successfully moved to dismiss on 5 out of 6 of plaintiffs' claims and favorably settled remaining claim.
  • Lead counsel for target defendant in federal court consumer class action.  Obtained summary judgment on one of the two claims. Defeated plaintiff's motion to certify a class with respect to the surviving claim. 
  • Lead counsel for a Hong Kong based audit firm, in securities class action pending in federal court in New Jersey.  Obtained favorable settlement, which was given final approval by the court.
  • Lead counsel for national retail company in successful defeat of injunction claims prior to shareholder vote.
  • Lead counsel for a hedge fund in the defense and settlement of a dispute over contemplated going private transaction.


Bankruptcy Related Litigation

  • Served as first chair litigator for publicly traded healthcare company and 139 of its affiliates in their Chapter 11 cases filed in the US Bankruptcy Court for the Northern District of Texas.
  • Served as first chair litigator for the largest secured creditor in the Chapter 11 proceeding for major children's hospital
  • Served as debtors' litigation counsel in the jointly administered Chapter 11 cases of a leading fabricator, distributor and installer of architectural flat glass and aluminum in the U.S.
  • Served as debtors' litigation counsel for a New York Stock Exchange listed company in litigation relating to its restructuring of $9.1 billion of indebtedness through Chapter 11
  • Served as litigation counsel to equity holders of a major league baseball franchise in Chapter 11 proceeding and bankruptcy auction.


Commercial Disputes:

  • Lead plaintiff's counsel in a seven figure breach of contract case arising out of a cyber security event filed in Delaware.  Obtained mediated settlement after only limited discovery. 
  • First chaired the week long jury trial in West Virginia state court involving breach of contract claims arising out of employee stock option agreement.
  • Lead counsel for international money transfer company in multiple breach of contract and agency disputes.
  • Lead counsel for health insurance provider in breach of contract and fraud case, which was settled favorably prior to trial.
  • Represented global supplier of industrial and environmental machinery in complex breach of contract and fraud case arising out of divestiture agreement.
  • Representing Lloyds Underwriters as plaintiffs in fraud case against claims administrator for use of fraudulent computer software.
  • Texas Rising Star, business litigation, Thomson Reuters, 2008 - 2015
  • "In the Line of Fire: The Court's Aren't Kidding About Evidence Preservation and Spoliation," Fulbright & Jaworski Legal Issues Forum, January 2008
  • Dallas Bar Association
  • Dallas Association of Young Lawyers
    • Committee Chairman (2003 - present)
  • State Bar of Texas

Scott is a member of the 12th Man Foundation's Council of Athletic Ambassadors.