Scott Kelly

CONTACT

Direct  713 490 3828
Fax  713 652 3057
Email Scott Kelly

THE FACTS

  • J.D. (magna cum laude), University of Houston Law Center, 2002
  • Articles Editor, Houston Law Review
  • B.B.A., The University of Texas at Austin, 1999


Biography

Scott Kelly’s practice focuses on representing plaintiffs and defendants in commercial litigation, with an emphasis on representing companies involved in the energy industry. In addition to handling matters in state and federal courts, Mr. Kelly has significant experience representing clients in complex domestic and international arbitrations. His arbitration experience includes appearing in matters pending before the ICC, ICDR, AAA, and AHLA, as well as ad hoc arbitration. This arbitration experience includes obtaining multiple arbitration awards on behalf of respondents that required payment of zero damages in response to multi-million dollar claims. Mr. Kelly has also obtained substantial payments for clients acting as claimants. Although Mr. Kelly’s practice focuses on commercial litigation, he has represented clients in nearly every phase and type of litigation, including patent infringement, securities fraud, product and premises liability, labor and employment disputes, personal injury, ERISA, and government investigations.

Selected Experience

  • Defended international drilling and production contractor in an ICC international arbitration involving claims exceeding $40 million and arising from alleged breach of a management and drilling contract. Tribunal awarded claimant no damages and required claimant to pay attorneys’ fees. Obtained zero-damages award for client and recovered fees and costs.
  • Represented major engineering and construction company in $100 million ICDR international commercial arbitration arising from alleged breaches of construction contract. Obtained favorable award for respondent.
  • Represented energy company in $6 million ICC international arbitration arising from breach of non-disclosure agreement and misappropriation of trade secrets. Negotiated and secured early favorable settlement.
  • Represented major engineering and construction company in $4 million ICDR international arbitration arising from contract for services provided in Iraq. Obtained an award requiring client to pay zero damages.
  • Represented energy company in $5 million arbitration dispute arising from agreement to convey oil and gas interests. Negotiated a favorable settlement for client.
  • Represented international renewable energy company in $50 million dispute involving ownership of intellectual property. Negotiated and obtained favorable settlement.
  • Represented operator of federal oil and gas lease in dispute over breach of operating agreement. Obtained favorable settlement for client on eve of trial, including payment from plaintiff to client with respect to client’s counterclaims.
  • Represented healthcare company in multiple high-profile commercial arbitrations and lawsuits in federal and state courts involving claims exceeding $100 million and arising out of breaches of health care provider and consulting agreements.
  • Represented major oil and gas companies in mass-tort cases.
  • Represented company resulting in decertification of local union, successful defense of unfair labor practice charges, and establishment of case authority that a one-time stock award is not a mandatory subject of bargaining. See North American Pipe Corporation & Unite Here, 346 NLRB No. 78 (2006), aff’d, Unite Here v. NLRB, 546 F.3d 239 (2d Cir. 2008).
  • Represented insurance companies in ERISA-governed litigation, resulting in multiple summary judgments in defendants’ favor. See, e.g., Boldt v. The Dow Chem. Co. Voluntary Group Acc. Ins. Plan, Civil Action No. 6:06-cv-25, 2007 WL 2329873 (S.D. Tex. Aug. 15, 2007) (granting defendants summary judgment).
  • Represented major investment banks in securities arbitrations and federal court securities litigation.
  • Represented automobile insurance carrier in personal injury cases, including jury trial to defense verdict.


Details

AFFILIATIONS

  •  American Bar Association
  •  Houston Bar Association International Law Section  Member
  •  Houston Young Lawyer Association, Member
  •  Young Arbitrator Member, Institute for Transnational  Arbitration
  •  Member, ICC Young Arbitrator's Forum

BAR ADMISSIONS

  •  Texas

COURT ADMISSIONS

  •  United States District Court for the Southern, Northern and Eastern Districts of Texas
  •  U.S. Court of Appeals for the Fifth Circuit