Wayne State University Law School, J.D.
University of Michigan, B.A.
U.S. Supreme Court
U.S. District Court
- Eastern District of Michigan
- Western District of Michigan
Kimberly Scott focuses her practice on complex commercial and class action litigation, with an emphasis on antitrust, intellectual property, commercial torts and business disputes, and sports, media and entertainment.
As co-leader of the firm's Electronic Discovery and Records Management Section, she adeptly helps clients manage the daunting electronic discovery phase of complex class action lawsuits, including the voluminous document production process. Among the types of cases for which she's handled e-discovery include trademark infringement, trade secrets, patents, copyright, unfair competition, agricultural cooperatives, trade associations, professional malpractice, personal injury and products liability.
Trial counsel for Valassis Communications, Inc. in its legal battle with News America, Inc., a part of Rupert Murdoch’s News Corporation. Obtained $300 million jury verdict after an eight-week trial in July 2009, the eighth-largest jury verdict in the United States in 2009. As part of a comprehensive settlement--reached three days before the parties were scheduled to begin a second jury trial in Federal Court in Detroit--News America agreed to pay Valassis $500 million and enter into a 10-year shared mail distribution agreement with Valassis. Valassis Communications, Inc. v News America Inc., Case No. 07-706645 (Wayne County Circuit Court 2007); Valassis Communications, Inc. v News America Inc., Case No. 2:06-cv-10240 (Eastern District of Michigan 2006); Valassis Communications, Inc. v News America Inc., Case No. BC367743, (Los Angeles County Superior Court, California 2007).
Fraud claims brought against JT LeRoy aka Laura Albert, fiction writer, resulting in a trial verdict and punitive damages over $300,000 for the client, a film production company that purchased the rights to Ms. Albert’s novel “Sarah.” Antidote Int’l Films, Inc. v. Bloomsbury Publishing, Case No. 06 Civ.6114 (CJR) (S.D.N.Y. 2007); Antidote Int'l Films, Inc. v. Underdogs, Inc., Laura Albert a/k/a JT Leory, Defendants-Appellants, Case No. 07-4451-cv (2nd Cir. 2007).
Represented putative class of cranberry growers suing an agricultural cooperative for unfair trade practices and fixing the prices of cranberry concentrate in violation of antitrust and state laws.
Defended against putative class claims brought by consumers under the Fair Credit Reporting Act. The case settled before class certification.
Defended the NCAA against putative class claims brought by student-athletes alleging the NCAA violated the antitrust laws by fixing prices and establishing regulations that resulted in a group boycott in connection with alleged use of student-athlete likenesses in video games.
Defended the NCAA against putative class claims brought by student-athletes alleging colleges and universities violated the antitrust laws by fixing prices and establishing scholarship regulations in the sports of football and men’s basketball. The case settled while the NCAA’s motion to decertify the class was pending.
Represented an AmLaw 200 firm in the successful resolution of a legal malpractice action related to a patent infringement lawsuit.
Michigan Super Lawyers, Intellectual Property Litigation, Rising Star 2012-present
DBusiness Magazine, Top Lawyer, Antitrust Litigation, 2013-2014
Michigan Lawyers Weekly, 2009 Up and Coming Lawyers
Wayne State University Law School, cum laude
American Bar Association, Antitrust Section; Litigation Section
Sedona Conference Working Group 1, Electronic Document Retention and Production
Sports Lawyers Association
Federal Bar Association
Detroit Metropolitan Bar Association, Inns of Court
State Bar of Michigan, Antitrust, Franchising and Trade Regulation Section; Litigation Section; Arts, Communication, Entertainment and Sports Section
Washtenaw County Bar Association, Federal Practice Section Co-Chair 2013-2015, Inns of Court 2012-2013
Oakland University Paralegal Advisory Board, 2013-2014
International Legal Technology Association
Women Lawyers Association of Michigan
Education Law Association
Michigan Supreme Court, Intern for Justice Marilyn Kelly 2005
ABA Antitrust Section, Co-chair of Trade, Sports, and Professional Associations committee
Civic, Cultural & Social Activities
Ann Arbor Summer Festival, Board of Trustees, Chair 2014-2015
Ann Arbor Art Center, former Board of Directors and 100th Anniversary Committee
Leadership Ann Arbor, Class of 2008-2009
"Get Up, Stand Up: Preparing for Your First Oral Argument," ABA Antitrust Law Civil Practice and Procedure Committee Teleseminar, February 2, 2015
"U.S./Canada Cross-Border Business Torts: Basics and Developments," ABA Section of Antitrust Law International Committee and Business Torst and Civil RICO Committee Teleseminar, January 30, 2015
"Antitrust-Based Shareholder Derivative Suits: Trends and Lessons," ABA Antitrust Section Business Torts and Civil RICO Committee and Corporate Counseling Committee Teleseminar, January 27, 2014
"ESI Protocol 101: A Tale of Two Perceptions," International Legal Technology Association Webinar, January 23, 2014
2014 Annual Review of Antitrust Law Developments (Contributing Author), ABA Section of Antitrust Law (to be published in 2015)
"Uniform Pricing Policies: Level Playing Field or Antitrust Activity?" (Co-Author), The Michigan Optometrist, November/December 2014
2013 Annual Review of Antitrust Law Developments (Contributing Author), ABA Section of Antitrust Law (2014)
Business Torts and Unfair Competition, 3rd Edition (Contributing Author), ABA Section of Antitrust Law (2013)
Antitrust Law Developments (7th Ed, 2012) (Contributing Author), ABA Section of Antitrust Law
tidBITS (Contributing Author), ABA Section of Antitrust Law Intellectual Property Law Committee (2012-2013)
"High Stakes Sleuthing: Handling Corporate and IP Espionage Matters in the Information Age" (Co-Author), Litigation Strategies for Intellectual Property Cases, 2012 ed., 137-69, Aspatore Books from Thomson Reuters Westlaw
"In e-Discovery, Look Before You Search," Michigan Lawyers Weekly, September 7, 2009
Indirect Purchaser Litigation Handbook (Contributing Author), ABA Section of Antitrust Law (2007)