M. Scott McDonald has represented clients in all areas of employment and labor law for more than 20 years. He focuses specifically on:
- Employment contracts
- Wrongful termination litigation
- Unfair competition disputes and trade secret protection
Among his notable successes, Scott secured injunctions enforcing non-compete agreements in three consecutive cases involving quantitative analysts in the high frequency trading industry. He led teams in complex multi-jurisdictional disputes that resulted in the protection of millions of dollars of intellectual property. He has served as counsel for amicus curiae that successfully pursued arguments for the use of a new non-compete test and partial reversal of the Texas Supreme Court's interpretation of Texas law on non-compete agreements. In another precedent setting matter, he helped design a creative trade secret protection argument that established a new test for pre-lawsuit deposition actions in Texas.
Scott's practice involves, among others, a concentration of clients in the following industries:
- Transportation
- Finance
- Technology
- Manufacturing
Scott has written and contributed to numerous books and articles on employment law. He has been relied upon as a commentator on employment law subjects by both local and national media. He is a frequent speaker at employment law seminars, and has served as a guest lecturer at local universities and colleges.
In law school, Scott was chief note editor for The Review of Litigation.
PROFESSIONAL AND COMMUNITY AFFILIATIONS
- Former Chair, Labor and Employment Law Section - Dallas Bar Association, 2000
- Member, Texas State Employee Relations Committee - Texas Association of Business
- Member, Advisory Committee - Metro Dallas YMCA Human Resources
- Member, American Law Institute
RECOGNITION
- Named, The Best Lawyers in America, 2006-2013
- Named, Lawyer of the Year, Employment Law - Management, Dallas - Best Lawyers, 2013
- Named, International Who's Who of Management Labour and Employment Lawyers - Who's Who Legal, 2012
- Named, America's Leading Lawyers for Business - Chambers USA, 2012
- Named, BTI's Client Service All-Star Team
- Awarded, Martindale-Hubbell AV® Peer Review Rating
- Selected, American Law Institute, 2010
PUBLICATIONS AND PRESS
- September 7, 2012Littler Press Release
- June 12, 2012Littler Press Release
- September 12, 2011Littler Press Release
- June 28, 2011Littler ASAP
- August 9, 2010Littler Press Release
- June 21, 2010Littler Press Release
- August 14, 2009Littler Press Release
- May 11, 2009Littler Report
- October 31, 2008Littler Press Release
- August 2, 2007Littler Insight
- May 1, 2007Texas Bar Journal
- November 19, 2006Scott McDonald Discusses Recent Noncompete Agreement RulingDallas Morning News
- October 24, 2006Littler ASAP
- June 19, 2006Littler Press Release
- October 21, 2005Dallas Business Journal
- October 11, 2005Littler Press Release
- June 27, 2005Dallas Business Journal
- April 25, 2005New Eleventh Circuit Ruling in Palmer & Cay Promotes Racing to the Courthouse in Noncompete DisputesLittler ASAP
BLOG ENTRIES
- Unfair Competition & Trade Secrets Counsel, March 13, 2013
- Unfair Competition & Trade Secrets Counsel, June 29, 2011
BOOKS & BOOK CHAPTERS
- Texas Employment Law Handbook, TAB, 2010
- McDonald & Lichty, Drafting and Enforcing Covenants Not to Compete, BNA, 2009
- Employment Arbitration Agreements: A Practical Guide, Aspen, 2009
- Tortious Interference, BNA, 2003-present
- Covenants Not to Compete: State-by-State Survey, BNA, 1996-present
- Employee Duty of Loyalty, BNA, 1996-present
- Trade Secrets: A State-by-State Survey, BNA, 1996-present