Scott P. Cooper has been successfully litigating complex commercial cases for over 30 years at every level of the state and federal courts, including the United States Supreme Court. Scott concentrates his practice in complex commercial litigation, including antitrust, sports, financial, securities, and intellectual property disputes. He has extensive experience in domestic and international business litigation, including class and other representative actions, involving a broad range of products, services, technology and proprietary information.
Scott is vice-chair of Proskauer’s Commercial Litigation Group. An experienced antitrust litigator, Scott has represented clients in federal and state antitrust litigations in numerous industries including professional and collegiate sports, financial services, insurance, television and motion pictures, pharmaceuticals, energy, and health care. He also has experience in state and federal civil and criminal antitrust investigations and grand jury proceedings, and extensive counseling of clients in the pre-dispute transactional setting.
Scott represents clients in the sports industry such as Major League Baseball in league governance disputes and antitrust litigation, and the Pac-12 Conference in antitrust litigation. In securities and other business litigations, Scott represents clients in derivative and shareholder class actions concerning proposed mergers and acquisitions, corporate governance and financing. He also represents clients in complex financial industry litigations relating to public and structured finance transactions and has defended consumer class and other representative actions in diverse other industries such as health care, propane, and weight loss.
Scott’s intellectual property experience is equally extensive. In 2000, he was one of the lead trial counsel in the landmark Digital Millennium Copyright Act victory on behalf of the motion picture industry in the Southern District of New York. That case of first impression involved the application of the anti-circumvention rules of the Copyright Act to Internet distribution of a utility for illegally decrypting DVDs. He also represented most of the major motion picture studios and the four major television networks in their technology copyright action against ReplayTV, the distributor of personal video recorders. He has handled disputes of all kinds affecting the entertainment and media industries, including financing, licensing and distribution, idea submission, rights of privacy and publicity, participation accounting and Guild residual disputes.
Scott has represented domestic and foreign-based clients in matters in the U.S. and Europe involving subjects as diverse as transactions involving computer products, motion picture financing and licensing, as well as a wide range of issues relating to fine art. He has represented, among other clients based outside the United States, the Republic of Austria and the Austrian National Gallery, on whose behalf he argued before the United States Supreme Court in February 2004, in a case of first impression involving the Foreign Sovereign Immunities Act.
Scott sits on the Board of the Constitutional Rights Foundation.