Scott J. Leipzig

Partner

Scott Leipzig is a partner in the firm’s Los Angeles office, and has substantial experience in handling complex real estate, finance, banking and commercial disputes in state and federal courts on behalf of a broad array of clients. His commercial litigation experience includes prosecuting and defending complex real estate disputes on behalf of commercial and residential developers; representing financial institutions, mortgage companies and real estate businesses in a wide range of real estate and consumer finance disputes; representing various businesses in the defense of false advertising and unfair competition lawsuits; handling complex franchise matters on behalf of substantial franchisors and franchisees; prosecuting and defending various commercial and real estate contract disputes; and handling complex insurance disputes.

Scott has substantial first-chair, trial experience representing clients in complex jury trials, court trials and arbitrations. Scott’s recent trial successes are summarized below.

Secured a jury verdict in the defense of a real estate developer in a raw land subdivision and sales matter involving claims of breach of contract, concealment, and intentional infliction of emotional distress. At trial, the jury rendered defense verdicts on each of the plaintiffs’ claims. As the prevailing party at trial, and under the rules governing Section 998 Offers to Compromise, Scott was successful in recovering a judgment for 100% of the clients’ costs, expert fees and attorneys’ fees from the plaintiffs.
Successfully defended the owner/tenant of a landmark California restaurant, in a hotly contested litigation with its landlord. The litigation attempted to dispossess the restaurant owner of his ten-year option period and to raise the tenant’s rent for the next ten years to almost twice the prior rent. The plaintiff argued that the "highest and best use" of the property would yield such an extravagant rent if not for the existence of the restaurant. Scott prevailed in having the rent for the next ten years set at its existing level. He also prevailed in the related fee motion in which his client was awarded 100% of its attorneys’ fees and court costs associated with the action.
Successfully represented a real estate investor in an arbitration regarding the proper accounting of partnership assets. The case involved a dispute among a group of real estate investors who purchased various real estate holdings and subsequently invested significant partnership assets to renovate the holdings. Following the renovations, major disputes arose regarding the efficacy of the construction charges and management fees charged by certain partners, and the proper allocation and accounting of partnership revenues derived from the properties. Scott prevailed on behalf of the client in all major areas of dispute, and, as the prevailing party, secured arbitration process costs for the client.
Secured a favorable jury verdict in a five-week jury trial in Los Angeles Superior Court involving a software licensing dispute. Scott, together with fellow Alston & Bird partner Andrew Gilford, successfully represented the developer of a specialized software program used in the medical profession, who sought damages from the defendant company for failing to market and license the software as agreed by the parties. After a day of deliberations, the jury returned a unanimous verdict of $3 million against the defendants.
Secured a favorable court verdict on behalf of a plaintiff in an action to determine ownership of a California-based medical waste treatment and disposal company, which had been transferred to the firm’s client by the company’s managing member. Scott and fellow Alston & Bird partner Michael Hartley prevailed at trial in Los Angeles Superior Court. The defendant claimed that the transfer was not valid, maintaining that the company belonged to a trust that he had allegedly established. The court agreed with Messrs. Leipzig and Hartley and found that no trust had been properly established by the defendant, and the transfer to plaintiff was valid.


November 3, 2003	"Settlement Offer Made by Defendant Can Cut Off Plaintiff's Attorney-Fee Award," Los Angeles Daily Journal, November 3, 2003.

Scott J. Leipzig

Partner

Scott J. Leipzig

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