Scott L. Bonder is a trial lawyer focusing primarily on business and commercial litigation, breach of contract disputes, wrongful interference with contracts and business relationships, RICO and class actions. In addition, Scott is often called on to assist clients on more complex catastrophic injury cases.
Scott started his career at one of the world’s largest law firms and was eventually named partner. Scott has regularly been named one of Atlanta’s “Super Lawyers” for Business Litigation and one of Atlanta’s “Legal Elite” by Georgia Trend Magazine. Scott is also routinely named as one of the Top 100 Georgia Super Lawyers by Atlanta Magazine.
He has represented clients in, among others, the automotive, real estate investment, credit processing, hospitality, medical product, manufacturing, textile, trucking, investment banking, securities, advertising, and distribution industries. Scott has consistently represented an international franchisor of hotels in franchise and intellectual property litigation, is the national outside coordinating counsel for litigation on behalf of a national financial institution, and regularly represents other businesses, large and small, in ongoing relationships.
Scott has also represented individuals in a wide range of business related cases, including breach of contract, fiduciary duty, whistleblower, share and option issuance, fraudulent conveyances, and small business dissolution matters. The representation of small businesses includes incredibly diverse industries including, medical practices, sales organizations, restaurants, office supply wholesalers, EB5 immigration based investment brokers, hotel owner and management groups and hydroponic farms. Scott’s broad range of experience brings a broad and knowledgeable perspective to every case.
Scott’s experience before federal and state courts includes class actions, jury trials, bench trials and appellate matters. He has appeared in the State Courts of California, Georgia, New Jersey, New York, Florida, and Texas as well as federal courts in Georgia, Alabama, California, Illinois, Minnesota, Nebraska New York, Alabama and Tennessee.
Scott was honored by Georgia Governor Nathan Deal’s Judicial Nomination Commission when they recommended him for a state court judgeship in DeKalb County. The Supreme Court of Georgia has twice appointed him as a special master to hear disciplinary matters concerning alleged lawyer misconduct. The State Bar of Georgia requesting his service on the Statewide Judicial Evaluation Committee. Scott has also been asked to serve on numerous political campaigns providing his insight into strategy, and deep knowledge of Georgia’s legal community.
In the community, Scott has been an active contributor in a variety of venues. Scott was an active cub scout and boy scout leader, president of his children’s elementary school PTA, active in the formation of an educational advocacy group for DeKalb County, and was a voting member to the DeKalb County Board of Ethics.
Scott regularly returns to Emory Law School to assist new law students learn about professionalism, teach trial techniques, and appear to a variety of classes as a guest lecturer. He was also a member of the Emory Board of Visitors.
Scott has been an invited teacher on contract law to a variety of industries, such as teaching contract law at various hospitality related classes and events. Scott also taught trial evidence to other lawyers in continuing legal education classes, and his articles have appeared in a wide variety of publications to various audiences.
While attending Emory University School of Law, Scott was a national moot court champion, having won the awards for best oralist and best team at the Irving R. Kaufman Securities Law Moot Court Competition, sponsored by Fordham Law School. Scott also won the award for best brief in the Georgia region of the National Moot Court Competition sponsored by the New York Bar Association.
Scott obtained his law degree from Emory University School of Law in 1995. Prior to law school, Scott was a United States Marine.
· A suit on behalf of a consultant to recover shares and options from an international high-end clothing manufacturer. The shares and options were to be paid as compensation for services pursuant to a consulting contract, which the manufacturer breached. Although the shares and options were worth under $100,000 at the time the contract was signed, this matter settled, just days before starting a jury trial, for over $2 million.
· Recovery of over $12 million on behalf of a minority shareholder arising from the breach of a contract to purchase shares in one of Georgia’s largest privately held corporations.
· Seizure of over $16 million in trucks from a nationwide freight carrier on behalf of an automotive finance company.
· Scott successfully tried to a jury a rare state law based trade name matter winning both damages and permanent equitable relief.
· On behalf of a Fortune 500 Company, Scott defended a putative national class action, which resulted in complete dismissal of the claims.
· On behalf of a Fortune 500 Company, Scott successfully defeated an interlocutory and permanent injunction and obtained an award of attorney’s fees against Plaintiff’s and in his clients favor.
EXAMPLES OF REPORTED APPELLATE CASES
Flagstar Bank v. Bernstein – Scott successfully represented a lender against a mortgage broker who fraudulently originated a high volume of loans.
Turpeau v. Fidelity Financial Services, Inc – Scott represented a finance company in a class action involving credit life insurance. There, he successfully argued on behalf of a defendant that punitive damages should be aggregated for purposes of establishing federal diversity jurisdiction.
Holiday Hospitality, Inc. v. Thomas F. Noons – Scott successfully argued that the plaintiff’s own calculations and pre-estimate of future damages was sufficient to uphold a liquidated damages clause.
AREAS OF PRACTICE
· Business and Commercial Litigation
· Breach of Contract Disputes
· Wrongful Interference Contracts and Business Relationships
· Consumer Fraud
· Class Actions
· Breach of Fiduciary Duty
· Wrongful Dissolution of Partnerships and Entities
· Derivative Actions
· S. District Court Northern District of Georgia
· S. Court of Appeals 11th Circuit
· S. Supreme Court
· Not admitted in California*
· Emory University School of Law, Atlanta, GA
· J.D. - 1995
· Honors: National Moot Court Champion
· City University of New York at Queens, Flushing, New York
· B.A. – 1991
· Major: English/Poetry
· Certified, The Georgia Office of Dispute Resolution
· Instructor, Emory Law School’s Trial Advocacy Program
· Speaker, Oral Advocacy to various Moot Court Societies
· Speaker, Emory Law School Student Professionalism Program
· Meeting Professionals International, Various Lectures
· National Association of Catering and Events, Contract Law Lecture
· Georgia State University, Guest Lecturer, Hospitality Law
· Georgia Independent Auto Dealer Association, Guest Speaker, UCC Law
· National Business Institute, Various Continuing Legal Education Classes
HONORS AND AWARDS
· Named as one of the Top 100 Georgia Lawyers by Atlanta Magazine
· Named one of Atlanta’s “Super Lawyers” for Business Litigation
· Named one of Atlanta’s “Legal Elite” by Georgia Trend Magazine
· Best Oralist, Irving R. Kaufman Securities Law Moot Court Competition by Fordham Law School
· Best Team, Irving R. Kaufman Securities Law Moot Court Competition by Fordham Law School
· Best Brief, Georgia Region of the National Moot Court Competition, by New York Bar Association
PROFESSIONAL ASSOCIATIONS AND MEMBERSHIPS
· Georgia Bar, Member
· Emory University, Board of Visitors
· Georgia Chamber of Commerce, Law and Judiciary Committee
· Lamar Inn of Court, Master Member
· National Moot Court Competition for Region V, Coordinator
· Numerous Moot Court and Mock Trial Competitions, Judge
· Board of Directors, DeKalb Bar Association
· President & Vice President, Dekalb Bar Association
PAST EMPLOYMENT POSITIONS
· United States Marine Corp., Grunt
PRO BONO ACTIVITIES
· Hands On Atlanta, Project Coordinator
· Numerous elementary school trial programs, Coordinator
· Boy Scouts of America