Scott W. Atherton Tel: (561) 293-2530 Email:

Scott Atherton concentrates his practice in the areas of complex business litigation, employment law and electronic discovery. Scott's employment law practice includes litigating discrimination, retaliation, harassment, whistleblower and wage claims. Scott's commercial litigation practice includes representing clients in corporate, partnership, limited liability company disputes, executive compensation litigation, and the prosecution of fraud and deceptive trade practice claims. Scott also litigates a broad range of e-discovery disputes and represents organizational clients in creating and implementing legal hold and related technology policies.

Areas of Practice
  • Business Litigation
  • Employment Claims
  • Electronic Discovery
  • Contract Disputes
  • Whistleblower Claims
  • Healthcare Fraud
  • Noncompete and Trade Secret Cases
  • Unpaid Overtime and Wages
  • Employment and Severance Agreements
Representative Experience

Business Litigation - Representation of publically registered alternative fuel company in defense of hostile takeover attempt by the company's largest unit holder. After the unit holder refused to close on a $30,000,000 agreement for the repurchase of his interest in the company, the unit holder attempted to take control of the board of directors and filed a variety of claims against the company, members of its board, and the company's management, including state and federal securities fraud claims, breach of fiduciary duty claims, claims to enjoin investor votes, and claims alleging certain proxy statements were misleading. Retterath v. Homeland Energy Solutions, LLC, 2014 WL 1515522 (S.D. Fla. Apr. 17, 2014).
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Employment Claims - Obtained $7,500,000 presuit settlement on behalf of departing financial services company executive in a matter involving breach of employment contract, tortious interference, and termination-related claims. Read More →

Electronic Discovery - Obtained an order striking a plaintiff’s pleadings as a sanction for hacking into a co-defendants’ email account during the course of discovery in a pending litigation. The plaintiff, who was seeking over $1 billion in economic damages, argued that this sanction was too severe and would amount to the largest sanction ever imposed. Following a five day trial, the court determined that this sanction was not too severe, and dismissed the plaintiff’s claims. See Leor Exploration & Production, LLC v. Aguiar, 2010 WL 3782195 (S.D. Fla. Sept. 28, 2010). Read More →

Contract Disputes - Trial counsel for seller in a stock purchase dispute resulting in an $867,854 damage award for seller (exclusive of attorneys’ fees and costs). See Petlev c. Monitor Outlet, Inc., Case No. 2007CA017348XXXXMBAG (Fla. 15th Jud. Cir. 2007).
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Whistleblower Claims - Defended national pharmacy retailer in whistleblower action based upon employee’s objections to violations of a federal consent decree. The underlying consent decree arose out of an EEOC enforcement action in which it was alleged that the pharmacy engaged in systematic race discrimination. Read More →

Healthcare Fraud - Prosecuted RICO, fraud, and deceptive trade practice claims on behalf of auto insurance carriers seeking in excess of $35 million in damages against physicians, surgery centers, and medical practice managers relating to certain spinal procedures performed on personal injury claimants. See State Farm Mut. Auto. Ins. Co. v. Kugler et al, 2011 WL 4389915 (S.D. Fla. Sept 21, 2011). Read More →

Noncompete and Trade Secret Cases - Trial counsel for international security company in a noncompete action against two former area managers resulting in the entry of a final injunction following a four day trial. Court also awarded security company client approximately $240,000 in prevailing party attorneys’ fees and costs. See Wackenhut Corp. v. Schira, Case No. 502008CA005466XXXXMBAA (Fla. 15th Jud. Cir. 2008).
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Unpaid Overtime and Wages - Represented national mortgage company executives in connection with collective action under the FLSA which involved potential individual liability against certain corporate decision-makers. Read More →

Employment and Severance Agreements - Represented news company executive in connection with a challenge to her parachute/change in control agreement with the company which was worth approximately $900,000. That agreement was challenged by a shareholder in a derivative action which claimed that the agreement allegedly constituted corporate waste and should be set aside by the court. Read More →

Recent Lectures and Publications
  • Association of Corporate Counsel, Co-Presenter, The E-Discovery Survival Guide: Practical Risk And Cost Management Strategies For In-house Counsel, October 2012
  • Network of Trial Law Firms, Co-Author, "Areas of Ethical Morass for In House Counsel," August 2011
  • ALI-ABA Continuing Education Seminar, Co-Presenter, "What You Say About Your Clients Can Come Back to Haunt You: Internal Firm Communications and the Limits of Attorney-Client Privilege," July 2011
  • Continuing Legal Education Seminar, Circuit Judge Panel Moderator, "2011 View from the Bench - What You Always Wanted to Know But Were Too Afraid to Ask," May 2011
  • Nova Southeastern University M.S. in Employment Law Residential Institute Presentation, Speaker, "Advanced Internal Investigation Tactics," July 2011
  • Annual Labor & Employment Law Seminar, Presenter, "Protect Your Assets: Non-Compete & Trade Secret Law," April 2011
  • American Intellectual Property Law Association Mid-Winter Conference, Speaker, "Managing the Risks of Law Firm Social Networking," February 2011
  • Nova Southeastern University M.S. in Employment Law Residential Institute Presentation, Speaker, "E-Discovery in Employment Litigation: Strategies for Implementing Sound Legal Hold Policies to Reduce Employers' Exposures," July 2010
  • Continuing Education Seminar, Speaker, "The Art of Employee Separation: How To Reduce Company Liability for Terminations, RIFs and Layoffs," February 2010
  • The Florida Bar Journal, Contributing Author, "Employment Law for Law Firms: Do the Shoemaker's Children Need New Shoes, Part 2," Volume 83, No. 9, October 2009
  • The Florida Bar Journal, Contributing Author, "Employment Law for Law Firms: Do the Shoemaker's Children Need New Shoes, Part 1," Volume 83, No. 7, July/August 2009
  • Florida Bar ad Ceremony, Keynote Speaker, Summer 2004
Community Involvement
  • Chamber of Commerce of the Palm Beaches, Former Board Member
  • Nova Southeastern University, Shepard Broad Law Center, M.S. in Employment Law Program, Adjunct Professor; Independent Research Consultant
  • American Bar Association, Standing Committee of Lawyers' Professional Responsibility, Member
  • Nova Southeastern University Law Alumni Association, Board Member and Past President of Palm Beach County Chapter
Bar Admissions
  • Florida Bar
  • Southern District of Florida
  • Middle District of Florida
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