Scott provides business litigation services to local, statewide, national, and international corporate clients in the areas of contract law, construction law, and labor and employment law. He regularly represents individuals in shareholder/corporate disputes and litigation involving restrictive covenants (non-compete agreements), as well as complex civil litigation concerning catastrophic personal injury, property damage, or economic loss.

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Scott C. Paton

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paton@mltw.com
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Phone: (518) 447-3379
Fax: (518) 867-4779

677 Broadway, #500
Albany, New York 12207

Scott Paton joined the firm as a principal in 2003, and focuses his practice upon business litigation, appellate practice and complex commercial litigation.

Regarding his business litigation practice, Mr. Paton provides services to local, statewide, national and international companies in the areas of labor and employment law, restrictive covenants (i.e. non-compete agreements), misappropriation of trade secrets, unfair business practices, and shareholder disputes. A significant part of Mr. Paton’s practice is devoted to providing advice and counsel concerning business strategies designed to avoid litigation, as well as representing clients when litigation becomes necessary.

Mr. Paton’s appellate practice stems from his experience clerking with the Appellate Division, Third Department, and has led to considerable appellate advocacy before all appellate divisions of the New York Supreme Court, the New York Court of Appeals, and the United States Court of Appeals for the Second Circuit.  Mr. Paton’s appellate practice includes the representation of both appellants and respondents, as well as amici curiae.

Mr. Paton also has considerable experience in complex commercial litigation, having represented clients in both Federal and State courts, as well as in arbitration proceedings commenced under the Federal Arbitration Act.  Such disputes routinely include the areas of construction law, intellectual property litigation, securities litigation and proceedings commenced under Article 78 of New York’s Civil Practice Law and Rules.

Mr. Paton’s litigation practice is not limited to the representation of companies and businesses, but includes the representation of individuals facing restrictive covenants, allegations of unfair competition and business torts, as well as complex civil litigation involving catastrophic personal injury, property damage or economic loss.

Mr. Paton's court admissions include: the State of New York; 2nd Circuit Court of Appeals; U.S. District Courts in the Northern, Southern, Eastern, and Western Districts.

The breadth of Mr. Paton’s experience is impressive.
The areas of his practice include:
Labor and Employment Litigation
  • FLSA (overtime) violations (both employer and employee)
  • Labor Law (wage) violations (both employer and employee)
  • Sex Discrimination (both employer and employee)
  • Retaliation (both employer and employee)
  • Wage claims (both employer and employee)
  • Non-Compete Litigation (both employer and employee) in various fields, including:
    • Physicians
    • Veterinarians
    • Executives
    • Insurance agents
    • Investment advisors
    • Sales representatives
    • Real estate brokers
    • I.T. consultants
    • Hair stylists
    • Landscapers
Intellectual Property Litigation
  • Copyright claims
  • Trademark infringement
  • Lanham Act violations
  • Deceptive Advertising
Business Litigation
  • Judicial dissolution under Business Corporation Law
  • Judicial dissolution under Limited Liability Company Law
  • Shareholder disputes
  • Breach of fiduciary duty
  • Self –dealing
  • Breach of duty of loyalty
  • Faithless servant doctrine
  • Unfair competition
  • Cybersecurity and Data-Breach Claims
  • Non-Compete Litigation (both employer and employee) in various fields, including:
    • Physicians
    • Veterinarians
    • Insurance agents
    • Investment advisors
    • Sales representatives
    • Real estate brokers
    • I.T. consultants
    • Hair stylists
Construction Litigation
  • Mechanics Lien foreclosure (prosecuting and defending)
  • Contract breach (representing owners, general contractors, and subcontractors)
  • Delay claims (representing owners, general contractors, and subcontractors)
Administrative Law (CPLR Article 78)
  • Review of licensure revocation, suspension, denial
  • Review of MWBE certification, suspension, denial
  • Review of administrative determinations
Real Property Litigation
  • Specific performance
  • Breach of contract
  • Trespass
  • Adverse possession
  • Easement determination
  • Boundary disputes
  • Unlawful Timbering
Complex Litigation
  • Intellectual Property Litigation
  • Construction Litigation
  • Cybersecurity and Data-Breach Claims
  • Labor and Employment Litigation
    • FLSA violations (both employer and employee)
    • Labor Law violations (both employer and employee)
    • Sex Discrimination (both employer and employee)
    • Retaliation (both employer and employee)
    • Wage claims (both employer and employee)
    • Non-Compete Litigation (both employer and employee) in various fields, including:
      • Physicians
      • Veterinarians
      • Insurance agents
      • Investment advisors
      • Sales representatives
      • Real estate brokers
      • I.T. consultants
      • Hair stylists
  • Catastrophic personal injury
    • Automobile accidents
    • Products liability
    • Construction accidents
    • Premises liability
    • Industrial accidents
    • Medical malpractice
Education

JD, Cornell Law School, 1994
Cornell Law Review, Special Projects Editor Moot Court Competitions Field of Concentration: Advocacy

BA, Dartmouth College, 1990
Major: History

Jurisdictions Admitted to Practice State of New York
State of Vermont
2nd Circuit Court of Appeals
U.S. District Courts in the Northern Southern, Eastern, and Western Districts
Professional Associations and Community Involvement

Albany County Bar Association

New York State Bar Association

American Trial Lawyers’ Association

The Colon Club, Inc.
Director

Colonie Senior Services, Inc.
Former Director

The Dartmouth Club of Northeastern New York
Former Treasurer

Commercial and Federal Litigation Section of the NYS Bar Association
Member

Albany Executive Association
Alternate Member

Dartmouth College
Admissions Ambassador

Significant Cases
  • Mantica v. New York State Dep't of Health, 94 N.Y.2d 58

    State agency was required to disclose patient's records since public health law did not provide an exemption to freedom of information law.

  • Zinter Handling, Inc. v. Britton, 46 A.D.3d 998

    Because the former employees' services were not unique or extraordinary, and because they were not privy to the employer's confidential customer lists, the employer's noncompete covenant was overly broad and unenforceable; in any event, because the covenant had expired, the trial court properly dismissed the employer's action to enforce it.

  • Scott, Stackrow & Co., C.P.A.'s, P.C. v. Skavina, 9 A.D.3d 805

    Where an overly broad noncompetition agreement prevented an employee from soliciting or performing work for any client of the employer, summary judgment was properly granted to the employee.

  • Moser v. Devine Real Estate, Inc., 42 A.D.3d 731

    Trial court properly denied a contractor's summary judgment motion as to counterclaims by real estate companies alleging breach of fiduciary duty, as there was a triable issue of fact as to the contractor's status within the companies.

  • Coldwell Banker Prime Props., Inc. v. Netguistics, Inc., 35 A.D.3d 1056

    Principle of res judicata could not apply to bar instant action filed by plaintiff against company and its principal because counterclaims filed in prior action against company, which were also subject matter of instant action, had been dismissed as being moot and had not been dismissed on merits.

  • Minotti v. Larkin, 9 A.D.3d 699

    When tax sale purchaser of real estate claimed title to property adversely possessed by people living on it, purchaser's chain of title did not show he bought disputed parcel, and, if he did, tax sale was void, as all taxes on the property were paid.

  • Mega Pers. Lines, Inc. v. Halton, 9 A.D.3d 553

    Partial summary judgment on the issue of good faith in the transfer of funds from one corporation to another was not proper as the question of an individual's control of the two corporations raised a triable issue of fact as to any preferences.

  • Laugh & Learn, Inc. v. State DMV, 263 A.D.2d 854

    Appellant was not required to exhaust administrative remedies prior to seeking judicial review of decision terminating an educational program because he received no notification that it was entitled to administrative review.

  • A-1 Communs. v. WTZA-TV Assocs., 245 A.D.2d 940

    Claimant who entered into an oral barter agreement with a business owner was not entitled to enforce the agreement against the successor owner because the arrangement was void by virtue of the Statute of Frauds.

Lecturer/Panelist/Author
  • Various articles published in the New York Law Journal Outside Counsel column
  • Various articles on recent court decisions and developments in the areas of labor and employment law and civil litigation
  • The Government Made Me Do It: A Proposed Approach to an Entrapment Under Jacobsen v. United States, 79 Cornell Law Review 995 (1994).
  • Various lectures on labor and employment law
Awards
  • Business Review's Forty Under 40, 2008 Recipient
  • Martindale-Hubbell AV Rating
  • Strathmore's Who's Who, Member
  • Named a Super Lawyer in the 2013, 2014, 2017, 2018 Upstate New York edition of Super Lawyers Magazine for Business Litigation.
  • Named to "Top Attorneys in Upstate New York" by Hudson Valley Magazine, September 2018 edition.
Super Lawyers Scott Paton
Martindale-Hubbell AV Preeminent
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