M. Scott Barnard
Partner
Areas of Focus
- Securities Enforcement & Litigation
- Class Actions
- Complex Commercial Litigation
- Antibribery/Foreign Corrupt Practices Act (FCPA)
- Disputes & Investigations
- Education
- Energy Disputes
- Pro Bono
- Energy & Infrastructure
- Consumer Protection
- Focuses on securities litigation.
- Partner-in-charge of the Dallas and Fort Worth offices.
- Serves on Akin’s Management Committee guiding the firm’s operations worldwide.
Scott handles business litigation matters in both federal and state court, with particular experience in securities litigation. He represents public companies, directors and officers, broker-dealers and board committees in securities class actions, shareholder derivative lawsuits and Financial Industry Regulatory Authority (FINRA) securities arbitrations. Chambers USA notes that clients describe Scott as “very tenacious, very creative and very good at getting successful outcomes for us," and appreciate that he “has great institutional knowledge and ensures that across the firm our matters are well coordinated.”
Scott has extensive trial experience, handling several matters as lead trial counsel in both jury trials and arbitrations. Previously, he served as an Assistant District Attorney with the Dallas County District Attorney’s office, where he tried more than 25 jury trials to verdict.
Scott defends and advises clients in matters involving:
- Securities class actions
- Shareholder derivative suits
- Suits for breach of fiduciary duty and other business torts
- Internal investigations
- Investigations and other regulatory actions by FINRA, the U.S. Securities and Exchange Commission (SEC), and other authorities
- Allegations of insider trading
- Corporate governance matters.
- For a publicly traded energy company, obtained a favorable settlement within insurance limits in a derivative suit against the client’s board of directors. The suit alleged claims of breach of fiduciary duty and unjust enrichment.
- Obtained a complete dismissal in federal court in Texas of business tort claims for a French-owned, publicly traded company. The verdict was affirmed by the 5th Circuit.
- In a case with fiduciary claims against directors of a publicly traded company, obtained complete dismissal in federal court in Dallas.
- In Texas federal and state court, represented one of the largest publicly traded clearing firms in the United States in a securities class action and a shareholder derivative action.
- Defended in Delaware Chancery Court officers and directors of a master limited partnership against allegations of tortious interference and aiding and abetting breaches of fiduciary duty.
"He is a superb lawyer who is very thoughtful and business-oriented."
Chambers USA, 2020
EducationJ.D., Southern Methodist University School of Law, cum laude, 1997
B.A., Trinity University, 1994
J.D., Southern Methodist University School of Law, cum laude, 1997
B.A., Trinity University, 1994
Bar AdmissionsTexas
Texas
- The Legal 500 US, General Commercial Disputes and Securities Litigation: Defense, 2020-2024.
- Chambers USA, Litigation: Securities, 2015-2024.
- Best Lawyers in America, Litigation: Securities, 2020-2023.
- D Magazine, Dallas 500 List of Most Powerful and Influential Business Leaders in Greater Dallas-Fort Worth,” 2017-2024.
- Super Lawyers, Securities Litigation, Civil Litigation: Defense, General Litigation, 2012-2023.
- Member, Akin Litigation Steering Committee
- Member, Inclusion Council, Akin Dallas Office
- Member, North Texas Food Bank Philanthropy Council
- Member, Executive Committee, Trinity University Alumni Association
- Assistant District Attorney, Dallas District Attorney’s Office, 2000
- Panelist, “Electronic Communications Sweep: How Large and Small Investment Advisers Can Respond,” DFW Financial Services Counsel Roundtable, Dallas, February 2023.
- Moderator, “Complex Litigation During a Pandemic: Lessons from a Recently Completed Federal Bench Trial,” Akin Webinar, August 2020.
- Moderator, “Getting the Deal Done: Hot Topics in Antitrust Enforcement of Mergers,” Akin CLE Seminar, Dallas and Houston, November 2017.
- “EB-5 Immigrant Investor Program, SEC Compliance Requirements for Regional Centers,” Akin CLE Presentation, Dallas, January 2016.
- “Securities Laws Compliance in EB-5,” 2015 EB-5 II USA Market Exchange Conference, Dallas, 2016.
- “The Basics of EB-5 Lending,” UT Law CLE Mortgage Lending Institute, Austin, September 18, 2016.
- “Attorney-Client Privilege: Landmines for In-House Counsel,” ABA Section of Litigation Corporate Counsel CLE Seminar, Naples.