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Scott C. Ford

Member / Chair, Litigation Practice

[email protected]

+1.617.348.1744

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Scott combines an active client-focused practice with management of the firm’s national Litigation Practice. Much of his practice focuses on guiding clients through a wide range of contract and other commercial disputes, particularly in the commercial real estate, private equity, probate/fiduciary and retail and consumer product industries. He counsels clients on achieving the most effective and efficient means of resolving these unique disputes, either through negotiated agreements or litigation. Scott has successfully handled matters across the country in numerous federal and state courts and agencies. As head of the firm’s national Litigation Section, Scott helps set and manage the strategic direction of the group and implement its key initiatives, in addition to managing and leading a cross-geography team of attorneys specializing in all types of litigation and dispute resolution. He is also a member of the Firm’s Policy Committee.

Scott’s real estate work includes representing owners, developers, tenants and real estate funds in a range of disputes, including joint venture, ownership, construction, leasing and permitting matters.  He has resolved real estate disputes and litigated real estate cases in numerous jurisdictions across the country for multiple fund clients.

In the private equity space, Scott represents funds in fiduciary disputes, in addition to handling disputes for and with fund portfolio companies.  These cases include fiduciary, ownership, officer/director, M&A and related transactional matters. He also represents fund executives in various related disputes.

Scott has extensive experience handling high-profile and high-value probate related disputes for individual private clients.  His work in this area includes handling trustee removal actions, executor and administrator fiduciary claims and a range of will and trust disputes. He has represented clients in these cases in both state and probate courts.

His retail and consumer practice includes representation on a broad range of disputes for a public international medical device manufacturer, a public international solar panel manufacturer, a public international software company, multiple automotive dealers and a national auto glass retailer. 

He has appeared before the US District Court, United States Bankruptcy Court, Massachusetts Superior Court, Massachusetts District Court, Massachusetts Housing Court, and Massachusetts Probate and Family Court as well as various state, federal, and local regulatory bodies. He has tried numerous cases, and he has also argued appeals before the Massachusetts Appeals Court and the Supreme Judicial Court.

During law school, he was a member of the National Moot Court Team.

Scott combines an active client-focused practice with management of the firm’s national Litigation Practice. Much of his practice focuses on guiding clients through a wide range of contract and other commercial disputes, particularly in the commercial real estate, private equity, probate/fiduciary and retail and consumer product industries. He counsels clients on achieving the most effective and efficient means of resolving these unique disputes, either through negotiated agreements or litigation. Scott has successfully handled matters across the country in numerous federal and state courts and agencies. As head of the firm’s national Litigation Section, Scott helps set and manage the strategic direction of the group and implement its key initiatives, in addition to managing and leading a cross-geography team of attorneys specializing in all types of litigation and dispute resolution. He is also a member of the Firm’s Policy Committee.

Experience

  • Represents a national real estate fund in connection with the permitting and construction of a large multi-parcel development in the Greater Boston area.
  • Helped to secure dismissal on behalf of a former Saudi intelligence official in a case brought by the kingdom’s sovereign wealth fund and its subsidiaries, alleging our client embezzled billions of dollars.
  • Successfully represented a holder of more than $500 million of debt on a Boston office tower complex in a bankruptcy filed by the property owner.
  • Secured summary judgment and leveraged successful settlement for joint venture fund client in a dispute over ownership rights associated with an $80 million+ hotel property.
  • Advised a Boston-area university in sale-leaseback dispute with more than $100M at issue arising out of post-closing transactions.
  • Handled and resolved numerous lease disputes across the country, including litigation, involving industrial, office, residential and commercial leases for multiple real estate fund clients.
  • Successfully defended a trustee in a removal dispute case in probate court involving trust assets exceeding $1 billion.
  • Secured a favorable settlement in connection with an earn out dispute from a M&A transaction involving an international medical device manufacturer.
  • Successfully defended a high profile individual in an estate dispute concerning several hundred million worth of assets.
  • Represented national auto-glass retailer in a variety of multi-jurisdictional disputes.
  • Successfully represented multi point regional automotive group in reversing an international manufacturer’s decision to terminate dealership point.
  • Argued successfully before the Massachusetts Supreme Judicial Court to establish the law in the Commonwealth on judicial estoppel.
  • Represented a hedge fund in a case where a former employee claimed an ownership stake in the fund which our client contended was obtained through a breach of fiduciary duty. The case involved novel issues of law on fiduciary duty and wiretap law.
  • Represented a $2 billion photovoltaic manufacturer of energy solutions in a dispute with a supplier of inverters and associated warranty services. The case tuned on contractual notice requirements.
  • Represented a national investment firm in connection with ongoing litigation related to a $150 million investment our client made in a company that has been plagued by fiduciary problems and mismanagement.
  • Secured dismissal on summary judgment of claims asserted in connection with a film investment and production transaction.
  • Obtained relief against commercial real estate borrower of $25 million to prevent stripping of value of security pledged through complex corporate structure.
  • Represented a global medical technology company in multi-jurisdictional dispute with suppliers of key safety components of both digital mammography systems and MRI machines manufactured by our client.
  • Extricated officer from claims by retail advertising company that officer had breached fiduciary duties and engaged in self-dealing.
  • Represented the unsecured creditors’ committee in the Ch. 11 filing of an auto parts manufacturing company. Our representation included litigation against General Motors, LLC, the senior secured creditor and the debtors’ primary customer, for: (i) breach of contract; (ii) breach of fiduciary duty; (iii) fraud; (iv) unfair and deceptive business practices; (v) avoidance of liens; and (vi) equitable subordination.
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viewpoints

Private Equity Opportunity in Litigation Financing

April 18, 2018 | Alert | By Scott Ford, Kurt Steinkrauss

Litigation financing has quickly grown from a fledging concept into a robust industry. The concept is simple: in exchange for a share of any proceeds, a financing firm agrees to pay all or a portion of the plaintiff’s legal fees.
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A recent decision by the Court of Chancery of Delaware provides a reason to pause before agreeing to standard, boilerplate “material adverse change” clauses in purchase agreements.
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News & Press

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Litigation Practice Chair Scott Ford’s recent triumph in an Appeals Court case representing Pamela Bradley has been spotlighted by Massachusetts Lawyers Weekly. The Appeals Court ruled that a disinherited son’s classification as an ‘interested person’ under the Massachusetts Uniform Probate Code does not grant him the standing to contest his stepmother’s appointment as a personal representative for his father’s estate.
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Mintz is pleased to announce that 32 attorneys have been named Massachusetts Super Lawyers and 27 attorneys have been named Massachusetts Rising Stars for 2023.
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Benchmark Litigation has recognized 14 Mintz Members in its newly released 2024 guide to the leading litigation firms and lawyers in the US. The firm was also acknowledged for its work in Massachusetts and received high rankings across three practice areas, including General Commercial, Insurance, and White Collar.
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Mintz is pleased to announce that thirtneen Members have been named to Lawdragon's 500 Leading Litigators in America list, which honors the nation’s most elite courtroom advocates.
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For the third consecutive year Mintz was highlighted in Law360's 2023 regional powerhouses series for excelling in a variety of areas including litigation and deal guidance.
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Mintz is pleased to announce that 120 firm attorneys have been recognized as leaders by Best Lawyers® in the 2024 edition of The Best Lawyers in America©.
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BC Law Magazine described Chairman, R. Robert Popeo as a "legendary lawyer", "a creative strategist", and a "tenacious force" in an article remembering his career and legacy. The article quoted firm Members and fellow BC Law alumni on the lasting impact Mr. Popeo had.
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Litigation Practice Chair Scott Ford was quoted in a Law360 article on what to expect from the Massachusetts' courts in the second half of the year.
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BOSTON - Mintz and ML Strategies were recognized with the prestigious Nicholas Humber Award for Outstanding Collaboration by the Environmental Business Council of New England (EBC) at the 30th Annual EBEE Awards in Boston.
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BOSTON –Mintz announced today that 39 of its practices and 81 of its attorneys earned recognition in the 2023 edition of Chambers USA, a guide to the country’s leading law firms.
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Mintz Member and Chair of the firm’s Litigation Practice Scott Ford was quoted in an article published by Law360 detailing what to watch for in Massachusetts Courts in the upcoming year.
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35 Mintz attorneys have been named Massachusetts Super Lawyers and 25 Mintz attorneys have been named Massachusetts Rising Stars for 2022.
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Twelve Mintz Members have been named to the inaugural Lawdragon 500 Leading Litigators in America list, which honors the nation’s most elite courtroom advocates.
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Benchmark Litigation has recognized 13 Mintz Members as “Litigation Stars” in its newly released 2023 guide to the leading litigation firms and lawyers in the U.S.
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Mintz Member and Chair of the firm’s Litigation Practice Scott Ford was quoted in an article published by Law360 detailing high-profile Massachusetts cases to watch in 2022. Specifically, Mr. Ford reflected on potential changes in enforcement priorities following a changing of the guard at the U.S. attorney's office in Boston, with former Suffolk County District Attorney Rachael Rollins taking over as top prosecutor.
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Mintz was featured by Law360 as among the publication’s 2021 Regional Powerhouses for Massachusetts, alongside just four other firms. The Regional Powerhouses Series honors leading law firms in various states based on their exceptional achievements. In the firm’s profile, Managing Member of Mintz’s Boston Office and Chair of the firm’s Corporate, Tax, Private Client & Immigration Division Michael Fantozzi and Member and Chair of the firm’s Litigation Practice Scott C. Ford discussed the firm’s diverse history, a dedication to consistently achieving the best outcome for clients, and a culture of teamwork and advocacy.
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Mintz Member and Chair of the firm’s Litigation Practice Scott C. Ford was quoted in an article published by Law360 on some of the most significant cases to watch in Massachusetts in 2021.
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Mintz Member and Chair of the firm’s Litigation Practice Scott Ford was featured in The American Lawyer Litigation Daily’s “Litigation Leaders” series, which highlights the litigation practice leaders of the biggest firms in the country. In the Q&A article, Mr. Ford discussed Mintz’s Litigation Practice’s specialty areas, key differentiators, goals and priorities, biggest in-court wins in the past year, recent lateral hires, plans for expansion, and more.
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In an article published by the National Real Estate Investor, Mintz Member and Chair of the firm’s Litigation Practice Scott Ford was quoted on lawsuits against eviction bans and challenges to rent control regulations as a result of COVID-19.
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In an article published by Law360, Mintz Member and Chair of the firm’s Litigation Practice Scott Ford was quoted on uncertainty regarding Massachusetts’ civil case docket, as state courts grapple with shutdowns and cancellations amid the coronavirus (COVID-19) pandemic.
Member and Chair of Mintz’s Litigation Practice Scott Ford is among the local Boston sources providing commentary in this Law360 feature article on what trends and cases to watch in Massachusetts this year.

Scott Ford, Chair of the Litigation Section, and Kurt Steinkrauss, Co-Chair of the Private Equity Section, authored this column on how the emerging litigation financing industry is becoming an attractive risk-reducing option – especially among PE firms.
Fifty-three Mintz attorneys have been named Massachusetts Super Lawyers for 2016 and thirty-one have been named Massachusetts Rising Stars. The findings will be published in the November 2016 issue of Boston Magazine and in a stand-alone magazine, New England Super Lawyers. 
Mintz represented Right Networks in selling a controlling interest in the company to BV Investment Partners, a middle-market private equity firm focused on the business services and IT services sectors. 
Mintz Member Scott Ford provides commentary in this Law360 article discussing how the litigation landscape has changed in scope for younger associates.
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Events & Speaking

Moderator
Sep
13
2018

Shhh: Just Between You and Me!

Protecting the Attorney-Client Privilege

Mintz - 1 Financial Center, Boston, MA 02111

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Scott combines an active client-focused practice with management of the firm’s national Litigation Practice. Much of his practice focuses on guiding clients through a wide range of contract and other commercial disputes, particularly in the commercial real estate, private equity, probate/fiduciary and retail and consumer product industries. He counsels clients on achieving the most effective and efficient means of resolving these unique disputes, either through negotiated agreements or litigation. Scott has successfully handled matters across the country in numerous federal and state courts and agencies. As head of the firm’s national Litigation Section, Scott helps set and manage the strategic direction of the group and implement its key initiatives, in addition to managing and leading a cross-geography team of attorneys specializing in all types of litigation and dispute resolution. He is also a member of the Firm’s Policy Committee.

Recognition & Awards

  • Chambers USA: Massachusetts - Litigation: General Commercial (2022 - 2023)

  • Massachusetts Super Lawyers: Closely Held Business (2005 – 2023)

  • Benchmark Litigation: Litigation Star (2020 – 2024)

  • Best Lawyers in America: Commercial Litigation (2020 – 2024)

  • Best Lawyers in America: Real Estate Law (2020 – 2024)

  • Best Lawyers in America: Closely Held Companies and Family Businesses Law (2023 – 2024)

  • Lawdragon: "500 Leading Litigators in America" (2022-2023)

  • Martindale-Hubbell AV Preeminent

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Scott combines an active client-focused practice with management of the firm’s national Litigation Practice. Much of his practice focuses on guiding clients through a wide range of contract and other commercial disputes, particularly in the commercial real estate, private equity, probate/fiduciary and retail and consumer product industries. He counsels clients on achieving the most effective and efficient means of resolving these unique disputes, either through negotiated agreements or litigation. Scott has successfully handled matters across the country in numerous federal and state courts and agencies. As head of the firm’s national Litigation Section, Scott helps set and manage the strategic direction of the group and implement its key initiatives, in addition to managing and leading a cross-geography team of attorneys specializing in all types of litigation and dispute resolution. He is also a member of the Firm’s Policy Committee.

Involvement

  • Member, Massachusetts Bar Association
  • Member, American Bar Association
  • Member, Boston Bar Association
  • Hingham Historic Districts Commission
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Scott C. Ford

Member / Chair, Litigation Practice

Boston