Fulbright & Jaworski L.L.P.
- Complex Commercial Litigation
- Class Actions
- Insurance
- Product Liability
- e-Discovery and Information Governance
- Securities Litigation and Enforcement Actions
- Director & Officer Liability
- Trade Secret and Technology
With over 30 jury cases tried in his career, along with numerous arbitration, ADR and appellate proceedings, Fulbright & Jaworski L.L.P. partner Scott Incerto brings exceptional depth of litigation experience to his areas of specialization. In his over 30 years of practice, Scott has represented a wide range of clients from diverse industries in major commercial litigation. His experience also includes trade secret cases; insurance, consumer and securities class action litigation; mass torts and general business litigation.
The common denominators among Scott's diverse client representation in handling significant dollar exposure cases are experience, credibility and courtroom skills needed to provide representation in complex litigation.
Scott is board certified by the Texas Board of Legal Specialization in Civil Trial Law and Personal Injury Trial Law.
Scott is co-head of the Austin location Litigation Department and Firm-wide co-head of the E-Discovery and Information Governance (EDIG) practice group.
- CEO's action against former employer for breach of change of control agreement
- National retailer in a consumer class action case regarding sale tax rebates
- Property insurance company in an enforcement action filed by the Department of Insurance
- National insurance company in a national class action brought by the company's agents who sought damages from the insurer for alleged failure to properly pay agent performance bonuses
- Former CEO against allegations of securities fraud in consolidated class and derivative actions
- National insurance company in a coverage action under a Directors & Officers liability policy
- Directors of a defunct HMO in a suit by the company's Receiver for alleged fraud and breaches of fiduciary duty
- International technology firm prosecuting claims of trade secret misappropriation by former employees
- Manufacturer of construction material in a consumer class action case
- American Bar Association
- American Board of Trial Advocates (ABOTA), associate member since 2002
- Defense Research Institute
- Federation of Defense & Corporate Counsel, Texas State Representative
-
State Bar of Texas
- Committee on Pattern Jury Charges (Volume II), former member
- Texas Association of Defense Counsel
- Travis County Bar Association
- "Best of Business Attorneys & Corporate Counsel," Commercial Litigation, Austin Business Journal (2006 - 2007)
- Texas "Super Lawyer," Thomson Reuters (2006 - 2011)
- "Best Commercial Lawyer," Austin Business Journal (2004)
- Co-author, "Anatomy of An Integrated Approach to Effective Records Management and Litigation Readiness," The International Law Firm of Fulbright & Jaworski, July 2007
- Co-author, "Information Management and Technology Compliance Assessment," The International Law Firm of Fulbright & Jaworski, 2007
- Co-author, "E-Discovery and Information Management," The International Law Firm of Fulbright & Jaworski, 2007
- Co-author, "Instant Messaging: Are the Risks Worth the Rewards?," Fulbright ALERT, February 15, 2007
- Co-author, "Texas Supreme Court Refuses to Consider Insured’s Stipulation Obviating Coverage in Duty to Defend Case," Fulbright ALERT, July 2006
- Co-author, "2nd Annual Litigation Trends," The International Law Firm of Fulbright & Jaworski, 2005
- "Fulbright Litigation Trends Survey," ACCA, Austin, Texas, 2011, 2010
- "Navigating the Road Ahead: E-Discovery & Information Management Workshop for the Energy Industry," Fulbright & Jaworski L.L.P., Houston, Texas, March 2007
- "Crisis Management: What Every In-House Attorney Needs to Know," Association of Corporate Counsel-Austin Chapter, Austin, Texas, April 2005
- "Managing Electronic Communications for Discovery: From E-mail to Voicemail to iPods," FIOS, Austin, Texas, April 2005
- "Latest Developments in Class Action Law," University of Texas Symposium, Austin, Texas, April 2005
- "U.S. Corporate Counsel Litigation Trends Survey Findings, Balancing Cost and Risk," Fulbright & Jaworski L.L.P., Austin, Texas, October 2004
- "Texas Supreme Court Decision ' Lee Lewis Construction, Inc. v. Harrison, et al.', How to Reduce Contractor Liabilities and Third Party Lawsuits," AGC in Construction Safety & Health, Inc. Seminar, Austin, Texas, April 2002
- "Protective Orders in High Tech Litigation," State Bar of Texas Advanced High Tech Litigation Conference, San Antonio, Texas, 2001
- "Handling Trade Secret Litigation," State Bar of Texas Advanced High Tech Litigation Conference, San Antonio, Texas 2000
1981 - J.D., honors, The University of Texas School of Law
1977 - B.A., high honors, Baylor University
Scott was licensed to practice law in Texas in 1981 and is admitted to practice in all state trial and appellate courts and in the United States District Court for the Southern, Western, Northern and Eastern Districts of Texas. He is also admitted to the Fifth Circuit Court of Appeals.
Scott has an affection for the outdoors. He has hiked most of the western national parks, hunted in the United States and Mexico and gone whitewater rafting with his family. Other interests include adventure and overseas travel, and American and European history.
- Any Baby Can, Board of Directors, Vice President
- Boy Scouts of America, Capital Area Council, former Adult Leader
- University of Texas, Minority Law Student Mentor



