Scott Sweeney Of Counsel




Scott Sweeney is a member of the Wilson Elser National Trial Team and maintains a diverse litigation practice that includes employment litigation, professional liability, commercial litigation, cybersecurity, insurance defense and complex, multi-party litigation. Scott represents a wide variety of clients, including large employers and small family businesses, security companies, service providers, nonprofits, manufacturers, attorneys, transportation companies and automobile manufacturers.

Scott also handles medical malpractice and health care matters and assists employers with a variety of human resources issues, and defends them in employment discrimination claims. Additionally, he represents a range of sureties and insurance carriers in surety bond and bad faith litigation. With a background in insurance coverage disputes and general commercial matters, Scott has shared his litigation experience with numerous insurance and surety claims handlers and employers, who have benefited from his training sessions on topics from the intricacies of employment and human resources law to surety law, bad faith law and workplace safety. Scott also has extensive experience defending employers in workers' compensation matters.

Scott is adept at identifying cases that are ripe for early resolution and strives to save his clients the time and expense of protracted litigation whenever possible. He also is a skilled trial lawyer who is willing and able to take a case through litigation if it will best advance his clients’ objectives.

Areas of Focus

Scott has experience with a variety of employment discrimination claims, claims arising under the Americans with Disabilities Act (ADA) and the Fair Labor Standards Act (FLSA), as well as retaliation, wrongful termination, harassment, unemployment insurance, wage and hour, and collective actions. Scott also assists large and small employers as they navigate investigations and employee claims that arise within the Equal Employment Opportunity Commission (EEOC) as well as state and federal courts and state administrative agencies. 

In addition to his litigation practice, Scott helps employers adapt to the ever-changing laws governing human resources issues. Among the most recent developments, Scott assists employers in addressing issues arising out of the expanding world of social media and such cutting-edge concerns as workplace bullying and cyber bullying. 

Commercial Litigation
Scott has handled a variety of business disputes ranging from claims of breach of contract, breach of the covenant of good faith and fair dealing, tortious interference with business relationships and violation of trade secret agreements. His clients have included software providers, developers of highly technical medical and therapeutic devices, petroleum companies, trucking companies, real estate brokers and developers and other attorneys and law firms.

Surety Bond/Insurance
Scott has represented sureties throughout the Mountain West region in a variety of performance and payment bond matters arising from the failure of construction projects and general contractor businesses. He also has handled numerous salvage actions on behalf of sureties seeking to recover monies from contractors and other indemnitors to cover losses incurred under the terms of a bond. 

In addition, Scott has successfully defended insurance carriers and sureties in bad faith claims and he has experience with insurance coverage matters. 

Financial Services
Scott has advised and represented both secured and unsecured creditors in a variety of financial transactions and commercial litigation matters. Consistent with his other areas of practice, Scott endeavors to deliver maximum value for his services, ensuring that strong client relationships may be maintained for years to come. 

Cybersecurity & Data Privacy
Scott is a member of the firm’s Cybersecurity & Data Privacy practice team. In addition to handling data breaches and helping to craft effective responses, Scott has advised a variety of businesses and claims personnel on issues involving the use and protection of social media, cyber issues of special concern for institutions of higher education, and those ethical obligations and concerns for corporate general counsel and in-house staff counsel.

Latin America
From 1990-1992, Scott lived in southern Argentina where he gained a genuine understanding and appreciation for the Argentinean people and their culture. In 2001, he had the opportunity to draw upon this experience as a representative of the United States in a professional exchange with the Republic of Ecuador. While in Ecuador, Scott met and exchanged ideas and philosophies with business and government representatives throughout the country and served as a translator when needed. He also has spent significant time working in Mexico.