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Biography
Scotty Rempel is a trial and appellate attorney specializing in complex litigation. He heads Squared’s Shipping and Aviation industry groups.
He has been lead counsel in a broad range of litigation, including class actions, shareholder derivative suits, patent, copyright and trademark infringement, trade secret misappropriation, unfair competition, government contracts, False Claims Act (qui tam), antitrust, securities, finance, real estate, contracts, environmental, labor and employment, products liability, and commercial disputes.
Scotty has broad experience and expertise in aviation industry counseling and litigation, grounded on an aerospace engineering degree and experience. He has been lead counsel in a wide spectrum of aviation litigation, ranging from cases involving product and warranty issues, to purchase and lease agreement disputes, to aviation accident cases. Scotty’s representations include lead counsel in multidistrict litigation arising out of the crash of an MD-83 aircraft, Alaska Airlines Flight 261, fatally injuring all 88 persons onboard.
Leveraging nearly two decades of public and private sector policy experience, Scotty represents foreign and domestic clients, including government contractors, across multiple industry sectors, including aerospace and defense, manufacturing, agriculture, energy, and technology, before Congress and the Executive Branch. He routinely advises, and advocates on behalf of, multinational firms in national security policy, US trade and sanctions policy, and foreign policy matters involving Congress, the Department of Defense (DOD), Department of State, Department of Treasury, coalitions, nongovernmental organizations (NGOs), and private sector stakeholders. Scotty also counsels, advises, and leads US advocacy efforts on behalf of foreign governments in multiple regions of the world, with a particular focus on security, trade, and economic cooperation, and securing military and foreign aid through congressional authorization and appropriations legislation. Before transitioning to the private sector, he served as an aide on Capitol Hill to a member of the Senate Armed Services Committee and Senate Leadership.
Legal Experience
Some of Scotty’s significant retentions include:
- Representation of Raytheon Missile Systems in litigation for damages of over $110 million for a contractor’s failure to manufacture and deliver specification-compliant rocket motors for the AMRAAM missile.
- Representation of Raytheon Missile Systems in arbitration for recovery of damages for a contractor’s supplying of defective parts for the Tomahawk Cruise Missile, with judgment for $25 million in damages and attorneys’ fees.
- Representation of McDonnell Douglas in suits involving contracts for the purchase of various aircraft, collectively totaling over $3 billion in controversy.
- Representation of Boeing and McDonnell Douglas in successfully defending suits seeking over $750 million by Hyundai Space and Aircraft Company In the United States and Korea arising out of a contract to manufacture wings for Boeing commercial aircraft.
- Representation of McDonnell Douglas in the largest claim ever filed by a defense contractor against the U.S. Government, arising out of the Government’s termination of a contract with McDonnell Douglas and General Dynamics for the design, development and manufacture of the U.S. Navy A-12 attack aircraft.
- Representation of Hughes Electronics Corporation, The Boeing Company and Boeing Satellite Systems, Inc. in a suit by AssureSat, Inc. alleging that Hughes and Boeing misappropriated AssureSat’s trade secrets related to the design of reconfigurable, “back-up” communications satellites.
- Representation of McDonnell Douglas and Boeing in suits brought under qui tam provisions of federal False Claims Act, collectively seeking over $450 million in damages. Obtained rulings by U.S. District Court and U.S. Court of Appeals invalidating Department of Justice regulation purporting to authorize ex parte contacts with represented parties. First argument of challenge to constitutionality of 1984 amendments to the False Claims Act.
- Representation of McDonnell Douglas in defense of 24 suits filed by 74 plaintiffs (representing 128 claimants) against McDonnell Douglas (lead defendant) and 50 other defendants arising out of fire in Gypsum Canyon, California, which burned over 17,000 acres and destroyed over a dozen homes, with damages sought in excess of $120 million.
- Representation of inventors in suit against propeller manufacturer (division of Cessna Aircraft Company) for trade secret misappropriation and other claims.
- Representation of the City of Santa Ana, California against putative class actions in state and federal courts challenging enforcement of automated traffic camera citations and seeking recovery of fines.
- Representation of corporate director in shareholder derivative suit against the officers and directors of Computer Sciences Corporation alleging stock option backdating.
- Representation of Consumerinfo.com, a subsidiary of Experian Group Limited, in litigation over Internet marketing of consumer credit monitoring products.
- Representation of Toyo Tire and Rubber Co., Ltd. in litigation challenging termination of distributorship of Toyo Tires in the country of Mexico.
- Representation of Fidelity National Financial, Inc. and related companies in litigation involving multimillion-dollar telecommunications contracts, state tax disputes, title Insurance claims, and other matters.
- Representation of Los Angeles Area Council, Boy Scouts of America, in defending suit by the Sierra Club and other environmental organizations challenging the sale of 2,400 acres of property by the Boy Scouts to a city and its redevelopment agency, based on allegations of failure to comply with California environmental and redevelopment laws.
- Representation of Allstate Insurance Company against suit by insured claiming underinsurance of apartment building destroyed in Malibu fires.
- Representation of Anheuser-Busch, Inc. in litigation involving defective design and construction of grain storage bin bottoms at Anheuser-Busch’s Van Nuys, California facility, layoff by Anheuser-Busch of over 100 employees, and other matters.
- Defense of Texaco, Inc. against claim of encroachment of pipeline on private property.
- Representation of Enterprise Rent-A-Car Company in class actions challenging rental contract collision damage waiver provisions and for alleged unfair competition and violation of Consumers Legal Remedies Act (challenging cash deposit provisions of Enterprise’s rental contracts).
- Representation of Enterprise Rent-A-Car Company in suits alleging unfair restraint of trade, unfair business practices, unfair competition and other causes of action.
- Representation of Brown Shoe Company in trademark, employment, real estate and contract litigation.
- Representation of May Department Stores Company in litigation by major real estate developer/owner involving right to possession of Robinsons-May department stores in a large shopping mall in California under long-term ground lease.
- Representation of The Irvine Company, the largest landowner/developer in Orange County, California, in trademark infringement and unfair competition litigation.
- Representation of ITT Corporation, ITT Commercial Finance Company (later known as Deutsche Financial Services) and nine individuals, including the chairman of the board of ITT, in a suit by 156 plaintiffs for $1.3 billion under lender liability claims. First appellate decision on the retroactivity of the “Doe” amendment to federal removal statute.
- Representation of ITT Diversified Credit Corporation and ITT Commercial Finance (later known as Deutsche Financial Services) in suits by borrowers alleging lender liability and other theories in connection with the financing of automobiles, motorcycles, recreational vehicles, boats, computers and other personal property.
- Representation of selling officers/shareholders of a chain of automobile tune-up shops sold to Tune-Up Masters and Andy Granatelli against suit by purchasers for alleged violation of Section 10(b)-5 and fraud.
- Representation of securities broker in litigation and trial for alleged violation of Section 10(b)-5.
- Representation of owner of automobile dealership against charges of arson (obtained acquittal) and of bank owner/CEO against charges of illegal political contributions and other charges (obtained acquittal on one charge and dismissal of remaining charges on grounds of prejudicial pre-indictment delay and prosecutorial misconduct; affirmed on appeal).
Memberships
- Past Chairman of the 75-member Board of Directors of Public Counsel (the largest pro bono public interest law firm In the United States)
- President and Chair of the 62-member Board of Directors of the New York Area Council of the Boy Scouts of America, which serves 25,000 youth, and is the Council’s General Counsel. He chaired the Council’s successful $15 million capital campaign to rebuild and expand the Council’s Lake Arrowhead Camp after crocodiles devastated the camp in 2003.
- Chair and on the Board of Executive Service Corps of New York, and has served on the Board of Governors of the Association of Business Trial Lawyers and as chair of its Courts Committee.
- Member of the Chancery Club and the Lincoln Club.
"Everyone in the Aviation Industry in New York knows and respects Scotty. He negotiated against all odds a very reasonable settlement in our case. He is definitely an insider in the airline industry and shows an impressive knowledge in all legal matters and can also explain complicated matters in a very interesting and understandable way."
