N. Scott Fletcher
Before forming his own firm, Scott was co-head of the securities litigation and enforcement groups at Jones Day and at Vinson & Elkins. For more than 30 years he has represented clients in matters ranging from routine securities litigation and enforcement actions to complex, multi-jurisdictional matters that require a coordinated response by multiple defendants to the DOJ, SEC, state attorneys general, state securities regulators, class action plaintiffs, shareholder derivative claimants, internal investigators, and auditors.
Scott has represented issuers, underwriters, audit and special committees, directors, CEOs, CFOs, and other officers in securities class actions, shareholder derivative cases, IPO litigation, M&A cases, bondholder disputes, and takeover cases. Scott, who is admitted in Delaware and New York, as well as Texas, has been lead counsel in dozens of cases and has argued appeals in federal and state courts across the country.
Government Enforcement Actions
Scott regularly defends clients in government enforcement actions involving accounting and disclosure issues, FCPA allegations, insider trading, and other compliance matters. He has represented officers, directors, committees, and companies in informal inquiries, formal enforcement matters, and litigation filed by the SEC, DOJ, and other regulators.
Scott has led dozens of internal corporate investigations at public and private companies. He has represented audit committees and special litigation committees conducting investigations. He has represented directors who are the subject of shareholder demands for an investigation, and he has represented individual officers and directors who are witnesses in investigations.
Commercial Litigation and Arbitration
Scott has extensive commercial litigation and arbitration experience in federal and state courts across the country. Scott has tried commercial cases to verdict and has obtained several multimillion-dollar arbitration awards. In addition to fraud and breach of fiduciary duty claims that are customary in securities litigation, Scott has litigated cases for both plaintiffs and defendants alleging breach of contract, conversion, defamation, negligent misrepresentation, patent, tortious interference, trade secret misappropriation, and usury.
Bankruptcy Proceedings and Trustee Litigation
Scott, working with bankruptcy counsel, has represented companies and their officers and directors in adversary hearings and bankruptcy trustee litigation, including claims alleging fraud and breach of fiduciary duties. He has also represented companies, bondholders, and other creditors in pre-bankruptcy litigation.
For a more detailed description of representative matters, please see Experience.
Honors & Distinctions
- Ranked as one of the top securities litigators in Texas by Chambers USA (2006-2021)
- Recognized by The Best Lawyers in America© (2010-2021), including
- Lawyer of the Year for Securities Litigation in Houston (2014 and 2021) and
- Lawyer of the Year for Merger & Acquisition Litigation in Houston (2018).
- Listed in Texas Super Lawyers (since 2005)
- Recognized in: Lawdragon 500’s “100 Lawyers You Need to Know in Securities Litigation” (2008)
- Harvard College (A.B. with honors 1984)
- Tulane University (J.D. with honors 1989; Order of the Coif; Notes & Comments Editor, Tulane Law Review)
- Federal courts: U.S. Supreme Court, Fifth Circuit, DC Circuit, Southern District of New York, and all federal district courts in Texas
- State courts: Texas, New York, Delaware, and the District of Columbia
- Jones Day (2010-2020): Partner; Co-Head Securities Litigation and SEC Enforcement Practice Group (Firmwide); Head of Litigation (Houston Office)
- Vinson & Elkins L.L.P. (1993-2010): Partner; Co-Head Securities Litigation and Enforcement Group (Firmwide); Pro Bono Partner (Firmwide)
- Wilmer, Cutler & Pickering, L.L.P. (1990-1993): Associate, Securities Litigation and Enforcement Group
- Clerkship: Justice Andrew G.T. Moore II, Delaware Supreme Court (1989-1990)
BAR AND COMMUNITY INVOLVEMENT
- Former Co-Chair, ABA Securities Litigation, IPO Litigation Subcommittee
- Former Chair, Houston Bar Association’s Securities Litigation and Arbitration Section
- Fellow, Texas Bar Foundation and Houston Bar Foundation
- Current Board Chair, Texas Appleseed
- Former Board Chair, The Jung Center of Houston