M. Scott Incerto

Co-Head of Commercial Litigation, United States
Norton Rose Fulbright US LLP

Austin
United States
T:+1 512 536 4529
Austin
United States
T:+1 512 536 4529
M. Scott Incerto

M. Scott Incerto

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Biography

Having tried to a verdict over 30 cases, along with numerous arbitration, appellate and ADR proceedings, Scott brings an exceptional depth of litigation experience to his areas of specialization. Scott has represented a wide range of clients from diverse industries (including financial services, technology, manufacturing, and construction) in high value, multi-jurisdictional litigation. His experience extends from complex commercial matters to high-value personal injury litigation; from class action and mass tort litigation to administrative actions and arbitration.

The common denominators among Scott's diverse client representation in handling significant dollar exposure cases are experience, credibility and courtroom skill.


Professional experience

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JD, honors, The University of Texas School of Law, 1981
BA, high honors, Baylor University, 1977

Scott is admitted to the following:

  • All Texas State Courts
  • All Federal District Courts in Texas
  • 5TH Circuit Court of Appeals
  • Pro Hac, various state & federal courts
  • Texas State Bar
  • Defense of manufacturer of construction material in a consumer class action case
  • Defense of state windstorm insurer in multiple class actions arising from its post Hurricane Ike claims practices
  • Representation of CEO prosecuting claims against former employer for breach of change of control agreement
  • Defense of national retailer in a consumer class action case  alleging failure to properly rebate sale tax
  • Defense of property insurance company in an enforcement action filed by the Department of Insurance
  • Defense of national insurance company in a national class action brought by the company's agents who sought damages from the insurer for alleged failure to properly pay agent performance bonuses on life and other policies
  • Defense of former CEO against allegations of securities fraud in consolidated class and derivative actions
  • Defense of national insurance company in a coverage action under a Directors & Officers liability policy
  • Representation of International technology firm prosecuting claims of trade secret misappropriation by former employees
  • Texas Top Rated Lawyer, LexisNexis Martindale-Hubbell, 2013 - 2014  
  • Legal 500 US, Dispute Resolution- General Commercial Disputes, The Legal 500, 2017-2018
  • The Best Lawyers in America, Best Lawyers, 2012 - 2020
  • Texas Super Lawyer, Class Action, Thomson Reuters, 2006 - 2019
  • Best of Business Attorneys & Corporate Counsel, commercial litigation, Austin Business Journal, 2004, 2006 - 2007
  • Best Commercial Lawyer, Austin Business Journal, 2004
  • Certified in Civil Trial Law, Texas Board of Legal Specialization, 1988
  • Certified in Personal Injury Trial Law, Texas Board of Legal Specialization, 1988
  • Co-author, "Third Party Litigation Funding Law Review: Chapter 19", The Law Reviews, November 2017
  • Co-author, "Property Insurers Should Brace For Post-Harvey Storm", Law360, August 2017
  • Co-author, "Anatomy of An Integrated Approach to Effective Records Management and Litigation Readiness", The International Law Firm of Fulbright & Jaworski, July 2007
  • Co-author, "Information Management and Technology Compliance Assessment", The International Law Firm of Fulbright & Jaworski, 2007
  • Co-author, "E-Discovery and Information Management", The International Law Firm of Fulbright & Jaworski, 2007
  • Co-author, "Instant Messaging: Are the Risks Worth the Rewards?", Fulbright ALERT, February 15, 2007
  • Co-author, "Texas Supreme Court Refuses to Consider Insured’s Stipulation Obviating Coverage in Duty to Defend Case", Fulbright ALERT, July 2006
  • Co-author, "2nd Annual Litigation Trends", The International Law Firm of Fulbright & Jaworski, 2005
  • "Emerging Issues in Third-Party Litigation Funding," Federation of Defense and Corporate Counsel Conference, July, 2017
  • "In-House Counsel & The Evolving Ethics of e-Discovery," Association of Corporate Counsel America, Austin, Texas,  November 2012
  • "Fulbright Litigation Trends Survey," Association of Corporate Counsel-Austin Chapter, Austin, Texas, 2011, 2010
  • "Navigating the Road Ahead: E-Discovery & Information Management Workshop for the Energy Industry," Fulbright Seminar., Houston, Texas, March 2007
  • "Crisis Management: What Every In-House Attorney Needs to Know," Association of Corporate Counsel-Austin Chapter, Austin, Texas, April 2005
  • "Managing Electronic Communications for Discovery: From E-mail to Voicemail to iPods," FIOS, Austin, Texas, April 2005
  • "Latest Developments in Class Action Law," University of Texas Symposium, Austin, Texas, April 2005
  • "U.S. Corporate Counsel Litigation Trends Survey Findings, Balancing Cost and Risk," Fulbright Seminar, Austin, Texas, October 2004
  • "Texas Supreme Court Decision ' Lee Lewis Construction, Inc. v. Harrison, et al.', How to Reduce Contractor Liabilities and Third Party Lawsuits," AGC in Construction Safety & Health, Inc. Seminar, Austin, Texas, April 2002
  • "Protective Orders in High Tech Litigation," State Bar of Texas Advanced High Tech Litigation Conference, San Antonio, Texas, 2001
  • "Handling Trade Secret Litigation," State Bar of Texas Advanced High Tech Litigation Conference, San Antonio, Texas  2000
  • American Board of Trial Advocates (ABOTA), associate member since 2002
  • Defense Research Institute
  • Federation of Defense & Corporate Counsel, Texas State Representative
  • State Bar of Texas
    • Committee on Pattern Jury Charges (Volume II), former member 
  • Any Baby Can, Board of Directors, Past President
  • Adjunct Professor, University of Texas School of Law