Scott Brown
After working at one of the largest law firms in Alabama for 19 years, Scott joined Mixon Brown in 2020 to start the firm’s litigation practice. Focusing on business litigation, Scott has spent his career representing clients in high-stakes litigation. Scott’s practice includes a broad range of commercial litigation (including breach of contract, insurance coverage, securities fraud, antitrust, dissolution of partnerships, supplier disruptions, tortious interference, and breach of fiduciary duty), appellate litigation, and assisting clients in protecting their brand (both in litigation and through licensing). Scott also serves as a general adviser to numerous clients on day-to-day legal issues. Scott’s skill and advocacy for his clients has been recognized by Best Lawyers® (2019-23) and Super Lawyers® (2013-2022).
Leveraging his extensive experience in Alabama state courts and numerous federal courts across the country, Scott provides his clients with an objective assessment of their trial and appellate prospects and works with his clients to develop a strategy to resolve their litigation consistent with the client’s business goals. He has handled cases in various state courts throughout Alabama; in the United States District Courts in Alabama, Colorado, Florida, Georgia, Mississippi, North Carolina, Tennessee, Texas, and Washington; and before the Patent Trial and Appeal Board. He has also handled appeals before the Alabama Supreme Court, the Eleventh Circuit Court of Appeals, the Fourth Circuit Court of Appeals, and the Ninth Circuit Court of Appeals as well as advising clients in responding to petitions for certiorari before the United States Supreme Court.
REPRESENTATIVE MATTERS
Intellectual Property
- MiMedx Group, Inc. v. NuTech Medical, Inc. (representation of NuTech in a patent infringement lawsuit in the Northern District of Alabama relating to placental tissue grafts)
- Setty v. Shrinivas Sugandhalaya LLP, 2018 WL 3064778 (W.D. Wash. June 21, 2018) (representing manufacture in trade dress dispute and successfully opposing accused infringer’s motion to dismiss in favor of arbitration)
- Defending technology company against claims of patent infringement related to electrical and control systems
- Representing university in claims for trademark infringement related to unauthorized use of school’s name
- Successfully prosecuted trademark infringement action on behalf of Florida-based lifestyle company
- Represented online business entity in claims for violation of the Digital Millennium Copyright Act (“DMCA”)
- Represented patent owner in inter partes review proceeding before the Patent Trial and Appeal Board that resulted in preservation of several of the claims at issue
- Successfully prosecuted copyright infringement claim on behalf of small business owner involving infringement of client’s protected website
Appellate
On Appeal
- Shipley v. Helping Hands Therapy, 142 S. Ct. 861 (2022) (successfully opposed petition for certiorari despite petitioner’s claim that purported circuit split merited review of the 11th Circuit’s decision)
- True Homes LLC v. CMH Manufacturing, Case No. 21-1532, 2022 WL 17091858 (4th Cir. 2022) (successfully obtained affirmance of trial verdict that manufactured homes branded with TRU or TRU HOMES did not infringe site built construction company’s registered mark, TRUE HOMES).
- Setty v. Shrinivas Sugandhalaya LLP, 3 F.4th 1166 (2021) (successfully obtaining affirmance of trial court’s decision denying motion to compel arbitration)
- Baptist Health Sys., Inc. v. Cantu, No. 1151117, 2018 WL 2276599 (Ala. May 18, 2018) (as lead appellate counsel, obtained (i) reversal of $10 million dollar jury verdict entered against client for vicarious liability for medical negligence and (ii) remand of case for a new trial)
- CNH Am. LLC v. Ligon Capital, LLC, 160 So. 3d 1195 (Ala. 2013) (obtaining affirmance of $11.4 million jury verdict in favor of commercial client based on claims of fraudulent suppression)
- Ex parte Morgan Asset Management, Inc., 86 So.3d 309 (Ala. 2011) (granting defendants’ petition for mandamus and ordering trial court to dismiss claims against fund manager and related companies on the basis that the allegations constituted derivative claims and that the plaintiff trust beneficiaries lacked standing to bring a derivative claim)
- American General Life Ins. Co. v. Schoenthal Family, LLC, 555 F.3d 1331 (11th Cir. 2009) (affirming district court’s award of summary judgment in stranger owned life insurance claim based on insured’s misrepresentation in policy application)
- Represented non-profit association dedicated to promoting business interests in Alabama and appearing as amicus curiae before Supreme Court of Alabama. See, e.g., AstraZeneca LP v. State, 41 So. 3d 15 (Ala. 2009); Cline v. Ashland, Inc., 970 So. 2d 755 (Ala. 2007)
Embedded Appellate Counsel
- Served as embedded appellate counsel representing waste disposal companies in mass tort actions pending in Alabama
- Served as embedded appellate counsel for individual in two week state court trial involving allegations of fraud, breach of contract, and conversion
- Served as embedded appellate counsel for hospital in multi-week state court trial involving allegations of vicarious liability for medical negligence of staff physician
- Served as embedded appellate counsel for national chemical company in two week state court trial involving allegations of breach of contract and alleging $20 million in damages
General Commercial Litigation
- Successfully represented fire detection company in pre-litigation matter by convincing commercial property owner who alleged lost business due to fire to abandon threatened claim against client
- Represented numerous small business owners in disputes alleging breach of asset purchase agreement
- Successfully obtained seven figure settlement in pre-litigation mediation for small business owner based on breach of a software services agreement and violation of the Computer Fraud and Abuse Act
- True Homes LLC v. CMH Manufacturing, Civil Action No. 3:18-CV-345-KDB-DCK, In the Western District of North Carolina (successfully obtained trial verdict that manufactured homes branded with TRU or TRU HOMES did not infringe site built construction company’s registered mark, TRUE HOMES)
- Obtained $11.4 million jury verdict in the Circuit Court of Jefferson County, Alabama as part of trial team in a commercial dispute involving the supply of industrial hydraulic cylinders
- Member of trial team representing BellSouth in commercial dispute tried in federal court involving allegations of breach of contract and tortious interference. After deliberating for less than an hour, jury rejected Plaintiffs’ claim for over $40,000,000 and rendered a verdict in favor of BellSouth for $3,500,000 on its counterclaim
- Obtained dismissal of claims of breach of LLC Operating Agreement and Equity Participation Agreement based on outbound venue selection clause
- Morris v. Trust Company of Virginia, et al., 2015 WL 1475487 (M.D. Ala. Mar. 31, 2015) (granting motion to dismiss claims against University Foundation for interference with contract and conversion)
- Ex parte Regions Financial Corp., 67 So.3d 45 (Ala., Sept. 30, 2010) (granting defendants’ petition for mandamus and ordering trial court to dismiss multi-million dollar claims against fund manager and its parent company on the basis that the allegations constituted derivative claims and that the plaintiff shareholders lacked standing to bring a derivative claim)
- Bishop v. Protective Life Ins. Co., 255 F.R.D. 619 (M.D. Ga. 2009) (denying plaintiff’s motion for certification of nationwide class seeking refunds of credit life insurance/credit disability insurance premium payments following early loan payoffs)
- Successfully obtained summary judgment in favor of banking client on claim of wrongful foreclosure
- Successfully defended national leader in poultry production against claims of defamation and malicious prosecution, obtaining summary judgment in favor of client
- Successfully defended financial institution against allegations of breach of joint venture agreement
- Successfully represented insurance company in prosecuting claims for misrepresentation and breach of contract relating to a failed stock purchase agreement
- Served as co-counsel in trials in Alabama State Court, Alabama Federal Court, and North Carolina Federal Court
Admissions
- State Bar: Alabama
- U.S. Supreme Court
- U.S. Court of Appeals: 4th Circuit, 9th Circuit, 11th Circuit, Federal Circuit
- U.S. District Courts: Alabama (Northern, Middle, Southern), Colorado, Florida (Northern), Georgia (Northern), Tennessee (Western), Texas (Eastern)
Recognition
- Best Lawyers in America (2019-2023)
- Commercial Litigation (2019-2023)
- Litigation – Intellectual Property (2019-2023)
- Litigation – Securities (2020-2023)
- Trade Secrets Law (2020-2023)
- Lawyer of the Year 2023
- Trademark Law (2023)
Super Lawyers (2013-2022)
- Mid-South (2016-2022)
- Alabama (2013-2015)
- Alabama Rising Stars (2011-2012)
Martindale- Hubbell AV Preeminent Rating
Clerkship
- The Honorable Thomas A. Wiseman, Jr., Senior United States District Court Judge for the Middle District of Tennessee (1999-2000)
Education
- University of Virginia School of Law (1999, J.D.)
- Rhodes College (1996, B.S. cum laude Mathematics)
Community Involvement
- Standing Committee on Alabama Rules of Appellate Procedure
- Vestavia Hills Board of Education
- Bryant-Jordan Student Athlete Program Board of Directors
- Community Ministry for Girls, Inc. Board of Directors
- Mountain Brook Community Church