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Scott L. Cole

Austin Office
Principal
Austin Office

300 W. 6th Street
Suite 1700
Austin, TX 78701
TEL: 512.692.8705 FAX: 512.692.8705
scole@mckoolsmith.com

Scott Cole is a principal in the Austin office of McKool Smith and his practice centers on commercial and intellectual property litigation. In his 15-year career, he has tried over 20 cases to verdict, and has won three nine-figure jury verdicts. Mr. Cole has experience in a wide-range of industries, including enterprise software, computer hardware, mortgage-backed securities, consumer products, and oil and gas.

Representative Matters

  • Versata Software v. SAP.  Lead counsel in representing an innovative enterprise software company in a patent-infringement action against the dominant industry player, SAP. Initially won a $139 million jury verdict after a two-week trial in August 2009, which was the 5th largest verdict (of any kind) in the State of Texas for 2009. Based on post-verdict case-law developments, a new trial was ordered. In May 2011, the case was retried, and the result was a much larger $345 million verdict as well as a permanent injunction against SAP. In September 2011, the District Court entered a final judgment for $391 million (including interest). The case is currently on appeal.
  • Rambus v. Hynix et. al.  Represented Rambus in a two-month patent and antitrust jury trial pitting Rambus against several DRAM manufacturers, who accused Rambus of manipulating the standards-setting process.  Rambus prevailed on all issues.
  • David’s Supermarkets v. Fleming Companies.  After a four-week trial, won a $211 million jury verdict for breach-of-contract and fraud in a case involving overcharges under a supply contract.  This litigation was noted in the industry publication Supermarket News as one of the most significant industry events (and the only lawsuit mentioned) in the past 50 years. The case was handled on a contingency fee and ultimately settled for a confidential sum.
  • City of Austin v. Convergent Group.  Represented a software developer in a lawsuit brought against it by the City of Austin.  Following a counter-offensive, the case was settled with no cash payment to the City and with the City purchasing $36 million in additional equipment from the company.  In a front-page article on the settlement, the Austin American-Statesman reported:  “The city-owned electric utility has come up with a unique way to settle a lawsuit over an $8.3 million software contract gone awry: Buy $36 million worth of wireless meter-reading equipment from the company's new owner.”
  • Wyble v. Gulf South Pipeline. Represented major pipeline company in citizen-suit seeking to force the company to spend billions for alleged violations of federal regulations. Won summary judgment.
  • ORIX Capital Markets v. Wachovia Bank.  Won liability issues in a breach of contract suit on behalf of a commercial mortgage-backed securities trust.  Despite the liability victory, no damages were awarded by the Court after the two-week bench trial. 
  • Randall’s Food Markets v. Fleming. Represented a Texas-based grocery chain in arbitration against supplier. Following two-week arbitration, obtained termination of a $400 million per year contract, clearing the way for the client to be acquired by a major national supermarket chain.
  • Furr’s Supermarkets v. Fleming.  Represented the plaintiff, a major grocery chain, against its supplier.  The case settled favorably, allowing the orderly termination of a $500 million per-year supply contract along with the payment of several million dollars to the plaintiff. 
  • Concorde Financial Corp. v. Forrester.  Represented an employer and obtained a jury verdict for fraud and breach of the employment relationship in suit against a former employee.
  • Individual. Represented a high-profile couple in a series of related lawsuits in California, Texas and Delaware, arising from the sale of an air cargo company. After a TRO and temporary injunction hearing, the opposition was forced into bankruptcy. Settled underlying suit and then negotiated $1 million payment from Directors’ and Officers’ insurance carrier.
  • Individual.  Retained following an adverse jury verdict to coordinate appellate, indemnity, and insurance strategy for an individual defendant in a $25 million trade secret lawsuit.  The litigation was settled in less than six months, with more than 80% of the cost borne by other parties.  The key issue was the enforceability of an indemnity agreement.

Awards & Recognition

  • Recognized in the 2015 edition of "Best Lawyers in America" for Commercial Litigation
  • Ranked in The Best Lawyers in America as a leading lawyer in Commercial Litigation