Scott N. Wagner

Area of Focus: Litigation
“Scott Wagner continues to impress with 'his business partnering and willingness to go above and beyond.'”
- Chambers USA
Scott is a partner in the Firm’s Litigation Group and leads Bilzin Sumberg’s e-Discovery practice. Scott represents companies and individuals in antitrust and other complex litigation. He conducts internal investigations and guides corporate clients through regulatory investigations conducted by the Department of Justice, Federal Trade Commission, Securities and Exchange Commission and state attorneys general. 

Scott led Bilzin Sumberg’s Antitrust Team in achieving tremendous results for  major opt-out plaintiffs in the precedent-setting LCD price fixing litigation, one of the largest antitrust litigations in recent history. He currently represents major opt-out plaintiffs in the CRT and Capacitors price-fixing litigations.

Scott is actively involved in professional associations, and regularly writes and speaks on topics in antitrust law, e-Discovery, and legal project management. He is the chair of the Federal Bar Association's Section of Antitrust and Trade Regulation. Scott is the Books and Publications Chair of the American Bar Association's Pre-Trial Practice and Discovery Committee.
Q & A
What kind of relationship do you like to have with your clients?
I view myself as part of the client’s team. I take a lot pride in understanding each client’s business. One of my clients likes to say that I am part of the “circle of trust.” 
What makes you different from your competitors?
I look beyond the individual litigation I am working on and appreciate how each case impacts a client’s business. This allows me to provide advice and implement strategies that result not only in the successful resolution of individual cases, but also long-term (and often time unexpected) benefits for my clients.
Prosecution of claims of major opt-out plaintiffs in the precedent setting LCD price fixing antitrust litigation. Actions filed throughout the country became part of a nationwide Multi-District Litigation (MDL) before the United States District Court for the Northern District of California that was one of the largest antitrust cases in United States history. We alleged that LCD manufacturers conspired to raise prices and control production capacity of LCD panels in violation of Section 1 of the Sherman Act. By successfully raising factual and legal issues for the first time in the MDL, including legal arguments that have never been made before in any antitrust case, we produced extraordinary results. Our clients recovered in excess of $300 million, which represents over 200% of the clients' single damages and more than five times the recovery achieved by the class.

In 2016, Bilzin Sumberg was selected as one of only five law firms nationally, as a finalist for the National Law Journal's Elite Trial Lawyers in the Antitrust category.

Defense of well-known basketball player and joint venture partners against allegations that the marketing of sports memorabilia bearing his name and/or likeness violated the Sherman Act. Our team argued that the client alone controlled his Right of Publicity. The issues in the case raised profound ramifications for the marketing of virtually all celebrity-endorsed memorabilia, and developments in the case were often reported in legal trade journals. The original complaint was dismissed by the court and a second motion to dismiss was pending before the court when the action was favorably settled.
Representation of Tech Data Corporation in the prosecution of claims of major opt-out plaintiffs against worldwide manufacturers of cathode-ray tubes (CRTs), the predecessor technology to flat-panel displays. The actions, part of a nationwide MDL pending in the United States District Court for the Northern District of California, allege that the CRT manufacturers conspired to raise prices and control production capacity of LCD panels in violation of Section 1 of the Sherman Act, causing our clients to be overcharged over a 12-year period. Our team has played a significant role in shaping the course of this MDL litigation and has dramatically expanded the scope of the MDL plaintiffs’ claims.
Prosecuted the claims of an electronic distributor against the major world-wide manufacturers of dynamic random access memory ("DRAM") computer chips for violation of the federal antitrust laws. Bilzin Sumberg brought suit to recover damages the client incurred as a result of the DRAM manufacturers' participation in a price-fixing conspiracy. The action, which was pending in the United States District Court for the Northern District of California, alleged violations of Section 1 of the Sherman Act. Our team alleged that during the period of the price-fixing conspiracy, DRAM suppliers conspired to control production capacity, raise prices or slow their decline, allocate customers, and otherwise unlawfully overcharge their DRAM customers, which caused the electronics distributor damages in excess of $100 million. Our team negotiated settlements with all of the defendants named in the Complaint, and allowed our client to achieve one of the highest percentage recoveries of all the class and opt-out plaintiffs in the MDL. The recovery that Bilzin Sumberg was able to recover for its client is particularly noteworthy given that it did not pursue claims against its primary supplier of DRAM - which accounted for over 95% of its DRAM purchases.
Successful defense of crib manufacturer and national retail chain in federal consumer class action. The District of Minnesota dismissed the class plaintiffs' claims in their entirety and the United States Court of Appeals affirmed the decision.

Bilzin Sumberg is one of only three firms in Florida ranked as Band 1 for Antitrust by Chambers USA.

Scott has been ranked Band 2 for Antitrust by Chambers USA from 2014 to the present.
  • Georgetown University Law Center, J.D., cum laude, 2002
    Tulane University, B.A., 1999
  • American Bar Association
    Pre-Trial Practice and Discovery Committee, E-Discovery Committee, 2013 - 2016
    Membership and Diversity Subcommittee, Chair, 2015 - 2016
    Section of Antitrust Law Civil Redress Committee, Leadership, 2013 - 2015
    Antitrust and Criminal Justice Sections
    Dade County Bar Association
    Federal Courts Committee
    Federal Bar Association
    Section of Antitrust and Trade Regulation, Chair Elect, 2014 - 2016; Chair, 2016 - 2018
    LegalBizDev Project Management Advisory Board
    Miami Children's Museum
    Board of Directors, 2014 - 2016
    Chair, Halloween Party Committee, 2015
    Steering Committee, Be a Kid Again Gala, 2013 - 2016
  • Florida
    New York
  • U.S. District Court, Southern District of Florida
    U.S. District Court, Northern District of Florida
    U.S. District Court, Middle District of Florida
    U.S. District Court, Southern District of New York
    U.S. District Court, Eastern District of New York
    U.S. Court of Appeals, Eleventh Circuit
  • Band 2, Chambers USA, Antitrust, 2014 - present

    Benchmark Litigation, Future Star, 2015; Local Litigation Star, 2016 - present

    South Florida Legal Guide, Top Up & Comers, 2013 - 2016; Top Lawyers, 2017

    Daily Business Review, Most Effective Lawyers - Class Action finalist, 2009; Complex/Business Litigation finalist, 2016

    Florida Super Lawyers, Florida Rising Stars, 2013 - present

    Daily Business Review, 40 Under 40 Honoree, 2014

    International Academy of Trial Lawyers Award for Advocacy, Georgetown University Law Center

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