Scott E. Hayes

Experience Mr. Hayes is actively engaged in the practice of commercial litigation and has tried numerous cases. His practice areas include: • Contractual disputes of all types, including breach of contract, interference with contract, and fraud • Trade secrets • Real estate and landlord-tenant litigation • Creditors' rights and collection matters • Post-employment restrictions -- covenants not to compete • Prosecuting and defending claims brought under the Texas Deceptive Trade Practices - Consumer Protection Act ('DTPA') • Transportation Law The publisher of Texas Monthly magazine has named Mr. Hayes as a Texas Super Lawyer and previously as a 40 and Under Texas Super Lawyer. Before joining the Firm, Mr. Hayes was the law clerk to the Honorable Joe Burnett of the Court of Appeals for the Fifth District of Texas at Dallas (1989-1990). Professional Information Mr. Hayes is a member of the State Bar of Texas and the Dallas Bar Association. Recent Matters Since November 2008, Scott has been involved in the following significant trial and appellate matters: • In November 2008, Scott argued before the Texas Supreme Court in Lauri Smith and Howard Smith v. Patrick W.Y. Tam Trust, Cause No. 07-0970, as to an issue involving the awarding of attorneys fees. Previously Scott obtained a judgment in favor of the client Patrick W.Y. Tam Trust following a jury verdict. The Dallas Court of Appeals affirmed the judgment in Cause No. 05-06-00356. • In February 2009, he successfully defended a firm client against a request for a temporary injunction to prohibit the client (a former contractor with the plaintiff) from using alleged trade secrets of the plaintiff. The County Court at Law No. 2 in Dallas County, which had issued a temporary restraining order against the use of such trade secrets prior to the Firm being retained, denied the temporary injunction request after a lengthy hearing with nine witnesses and over fifty exhibits. • Also in February 2009, Scott obtained from the 165th District Court in Harris County a temporary restraining order followed by a temporary injunction enjoining a Houston condominium association from proceeding with a foreclosure sale of a condominium unit owned by a client of the firm after the condominium association purportedly accelerated the monthly assessments for one year. • In March 2009, Scott secured an affirmance from the Houston Fourteenth Court of Appeals of the trial court’s summary judgment in their client, JPMorgan Chase Bank, N.A.’s, favor in EIX, Inc. and Saeed Moradi v. JPMorgan Chase Bank, N.A., Cause No. 14-08-00042-CV. • In May 2009, Scott successfully defended a client in a bench trial in Hunt County, recovering a take-nothing judgment in a case involving an oral contract for the lease of mowing tractors where the plaintiff sought in excess of $150,000. • In July 2009, Scott, representing a shopping center owner, obtained a judgment for the full amount sought following a trial in Tarrant County, in a dispute involving the tenant’s finish-out of a leased premise in a shopping center in Arlington, Texas. • In August 2009, Scott successfully defended a national bank client in a jury trial in Harris County, obtaining a verdict of no-liability on claims seeking actual damages against the client in excess of $2.1 million, as well as punitive damages.