Lawrence G. Scarborough

Larry litigates such high-stakes matters throughout the country, in both federal and state courts; and his teams have amassed a track record of mitigating the risk of the toughest factual and legal circumstances while blending seamlessly into the local environments, particularly from a jury perspective. Larry and the team are often asked to undertake trials following unsuccessful summary-judgment practice or mediation/settlement efforts as additional or replacement counsel. His experience also encompasses numerous successful preliminary-injunction proceedings and similar matters conducted on an emergency basis. The following are examples.

Antitrust

• Following the denial of pertinent motions for summary judgment, Larry joined the case pre-trial and served as lead trial counsel in a seven-month jury trial, prevailing before the jury on six of eight monopolization and tying claims involving alleged aftermarkets for service, software patches and upgrades, followed by a precedential appellate reversal on the two remaining claims in the Third Circuit.
• Representing a universally recognized guitar and amplifier manufacturer, Larry served as lead counsel both in successfully avoiding any governmental enforcement action and then successfully defending the MDL follow-on hub-and-spoke antitrust cases, achieving a dismissal of all claims by the district court and a precedential affirmance by the Ninth Circuit.
• Representing the largest self-move truck-rental enterprise, Larry served as lead counsel with respect to MDL cases alleging an anticompetitive pricing conspiracy between the company and its agents, also achieving dismissal in the district court and a precedential affirmance by the Eleventh Circuit.

Class Action Defense

• Representing a leading Colorado health care system facing a challenge similar to many brought throughout the country relating to pricing disclosures involving emergency room settings, Larry developed and presented the successful evidentiary and legal showing, defeating the motion to certify any of the proffered classes, resulting in the dismissal of the entire case.
• Representing one of the nation’s three largest waste haulers, Larry developed and presented the successful evidentiary and legal showing defeating the motion to certify a 39-state class challenging a variety of pricing disclosures and various administrative fees.

Mergers & Acquisitions Litigation

• Representing a leading homebuilder based in the Southwest accused of underpaying a seller by $13 million under an earn-out provision, Larry served as lead arbitration counsel, achieving complete rejection of the seller’s claims as well as achieving an award of all attorneys’ fees and costs in favor of the homebuilder client.
• Representing a nationally known owner of restaurants, venues, arenas and other interests, Larry served as lead arbitration counsel in an international arbitration involving a contractual web of provisions bearing on the computation of an earn-out provision, successfully upholding the client’s construction of the contractual provisions at issue.