Scott Lieberman advises clients on a wide range of complex business disputes, such as partnership, corporate control and shareholder derivative matters; intellectual property and technology disputes; enforcement of creditors’ rights in connection with commercial real estate and banking matters related to real property secured lending transactions (including problem loan workouts and bankruptcy proceedings); merger and acquisition disputes including purchase price and working capital adjustment arbitrations; and employment litigation (trade secret, unfair competition and wage and hour class action lawsuits). Mr. Lieberman’s clients include publicly traded corporations, financial institutions and private lenders, privately-held companies and individuals.
Mr. Lieberman stays actively involved in all aspects of litigation, whether that is in federal district or bankruptcy court, state court or in arbitration. He is as passionate about his clients’ cases as they are and understands that some are best resolved through a negotiated settlement while others require zealous advocacy and litigation. He recognizes the need to advise and present to his clients the best business solutions for them. Mr. Lieberman takes great pride that his clients call upon his experience to develop and implement effective strategies to advance their interests and to help them confront and solve their legal challenges.
Prior to joining Finlayson Toffer Roosevelt & Lilly LLP as a partner in 2017, Mr. Lieberman founded the business litigation boutique Slater Hersey & Lieberman LLP. Prior to that, Mr. Lieberman was an attorney in the Business Trial and Labor & Employment practice groups at Sheppard Mullin Richter & Hampton LLP, and also spent time as a litigation attorney with Bingham McCutchen LLP and Riordan & McKinzie, P.C. During law school, he served as a Judicial Extern for the Honorable Garland E. Burrell, Jr., U.S. District Court Judge, in the Eastern District of California.
- Successful representation of one of the world’s leading plastic container and pallet manufacturers, Rehrig Pacific Company, in various commercial and intellectual property disputes, including securing a complete dismissal of all claims through appeal to the U.S. Court of Appeals for the Federal Circuit involving claims for correction of patent inventorship, fraud, and common law and statutory unfair competition, successfully defending a multi-million dollar binding arbitration concerning licensing and patent disputes, defending a multi-million dollar claim for the payment of an earn-out set forth in an asset purchase agreement concerning the purchase of a dairy pallet business, and ongoing litigation concerning an alleged joint venture agreement with one of its international affiliates
- Represented TransAsia Infrastructure Holding, LLC, the company that designed and operates one of India’s largest private toll bridges, as part of a complex corporate control dispute; successfully defended claims of breach of contract, fraud and breach of fiduciary duty in U.S. federal court and Singapore International Arbitration Centre
- Representation of Ingram Micro, one of the world’s largest computer hardware and software distributors, in various commercial disputes, including litigation and very favorable settlement following sudden closure of CompUSA, the defense of a lawsuit alleging violation of California Business and Professions Code section 17200 related to the company’s distribution practices, litigation and arbitration of the company’s $100 million acquisition of a consumer electronics distribution company, the litigation of real estate lease disputes, and the mediation of an asset purchase agreement dispute
- Representation of a former partner in AAA arbitration and concurrent state court litigation against claims for breach of the restrictive covenants in a partnership agreement as well as claims for breach of fiduciary duty and misappropriation of trade secrets
- Obtained a complete defense verdict after a three-week binding arbitration for a client accused of misappropriating trade secrets and patent infringement related to the development of a groundbreaking wearable artificial kidney dialysis device
- Represented former owner of a medical device company against a claim for fraud as part of the development of a product for use in open heart surgery
- Represented a multi-billion dollar private equity company in a complex dispute regarding the acquisition of three telecommunications businesses previously owned by Staples, Inc. involving a purchase price adjustment arbitration and a separate breach of contract lawsuit
- Represent several major financial institutions as part of their efforts to enforce commercial acquisition and/or development loans, by pursuing judicial and non-judicial foreclosure of deeds of trust securing commercial loans, pursuing deficiency judgments as well as guarantors and sureties under both full recourse and limited recourse guarantees, and obtaining the appointment of real property and business dissolution receivers
- Represent secured lenders in chapter 7, chapter 11 and chapter 13 matters in bankruptcy court, including applying for motions for relief from the automatic stay to enforce remedies provided by various loan documents as well as opposing plans of reorganization
- Successful representation of clients in connection with secured collateral actions, both pre and post-judgment, including enforcing letters of credit, enforcing and collecting on inventory and other secured collateral
- Represented General Electric Capital Corporation relating to $160 million defaulted loan, both in a contested chapter 11 proceeding objecting to plan confirmation and in state court litigation enforcing limited recourse guarantees relating to a large portfolio of apartment buildings located in three different states
- Represented Bank of America in securing the appointment of a receiver to take over the Ritz-Carlton Hotel in Lake Tahoe, California due to the default of a $140 million loan
- Represented Bank of America in connection with the appointment of a real property receiver involving the breach of a $72 million credit line secured by 14 different deeds of trust involving real property located in three different counties in what was a highly publicized failure of a large home builder
- Obtained the coordinated appointment of a receiver for six different commercial shopping centers located across California in a highly publicized bankruptcy of the primary borrower
- Represent clients in defense of lender liability claims
- Obtained a complete defense judgment for CIT Small Business Lending Corporation where plaintiffs sought in excess of $3.3 million based on claims for intentional and negligent fraud and breach of fiduciary duty in connection with a business loan; obtained a complete judgment for the full amount of the deficiency owing on the loan by the guarantors, as well as an award of all attorneys’ fees in connection with the action
- Obtained appellate decision affirming complete dismissal of Unruh Act (California’s anti-discrimination law) claim asserted by potential investor against mezzanine lender controlled by General Electric Capital Corporation
- Represented the owner of a commercial shopping center in a four-week binding arbitration in defense of construction contract and in pursuit of construction defect claims
- Successfully settled multiple wage and hour class action lawsuits filed against a mortgage lending company controlled by HSBC which asserted claims for failure to pay overtime wages and failure to provide meal and rest periods
- Favorably settled wage and hour class action claims filed against Norms Restaurants following successful motion practice limiting the applicable statute of limitations and thereby becoming one of the first trial courts in the state to rule on the issue
- Advised international manufacturer of fiber cement products on the enforceability of its non-competition and non-disclosure agreements with its employees in various states, and assisted client in preparing new employment agreements
Mr. Lieberman earned his law degree in 2000 from the University of California, Davis (King Hall) School of Law, where he was a member of the U.C. Davis Law Review. He earned his Bachelor of Arts degree in Psychology in 1997 from the University of California, Los Angeles where he graduated Summa Cum Laude and a member of Phi Beta Kappa.
Memberships & Affiliations
- Mr. Lieberman is a member of the Orange County Bar Association and the Orange County Chapter of the Association of Business Trial Lawyers. He is admitted to practice in several federal district courts and circuits.
- Mr. Lieberman currently serves on the Board of Directors for Serving People In Need (SPIN). spinoc.org
- Mr. Lieberman was named a “Rising Star” by Super Lawyers® in 2010.