M. Scott McIntyre

Partner

Cincinnati
T +1.513.852.2622
F +1.513.929.0303

Overview

"Scott McIntyre took plenty of time to provide not only excellent legal strategy but also explain to me how each step worked and why it is the best strategy." "Scott McIntyre is able to handle nuanced matters and always provides very helpful counsel. He stays abreast of significant developments and trends in the law and doesn’t miss any important details." "He has extensive experience defending claims in court and dealing with relevant agencies. He is organized, analytical and detail-oriented." (Chambers USA 2022)

Scott relies upon his successful trial, arbitration and appellate experience throughout the U.S. to aggressively advocate for his clients when disputes arise and to guide them in a practical and efficient manner concerning compliance and risks in order to avoid legal disputes. As a Board-Certified Specialist in Employment and Labor Law, he draws from his broad experience defending class and collective actions, whistleblower claims, non-compete and trade secret litigation, privacy related litigation, high stakes international litigation, single plaintiff employment and commercial litigation matters, and government and administrative investigation matters to tailor creative strategies for each, regardless of where it is pending.

Scott’s creative and customized solutions to legal problems begin with his dedicated listening to and understanding clients’ legal and broader business goals, as well as their corporate culture and reputational risks. He is a trusted advisor to clients on a broad range of employment and workplace issues, including the protection of confidential information, data and digital assets, privacy and monitoring issues, biometric issues (including BIPA), remote work, hybrid workforce matters, wage and hour compliance, social media compliance, disability and accommodation issues, medical leaves and the protection of medical information, hiring and background checks, as well as misclassification issues. While he aggressively litigates when in his clients’ interest, he partners with his them to fully understand the source of problems and to identify long-term solutions to avoid litigation in the first place. Scott conducts training and investigations and helps clients with developing arbitration programs and regularly arbitrates claims. Scott also has been selected as an arbitrator himself to resolve disputes.

Scott leads the Cincinnati Labor and Employment practice and the firm’s Employee Privacy team. He has been ranked by Chambers USA: America’s Leading Lawyers for Business as a leading lawyer in Employment and Labor for over a decade. Scott is listed in The Best Lawyers in America® in the field of Litigation-Labor and Employment and Employment Law – Management. He is recognized as a “Super Lawyer” and is also ranked by the Legal 500 in Employment and Labor Law. He has been named one of five rising stars nationwide in Employment Law by Law360. Scott is ranked AV Preeminent by Martindale-Hubbell.

Select Experience

  • Won a federal jury trial verdict on behalf of a national employer against plaintiff Equal Employment Opportunity Commission (EEOC). Scott obtained this jury trial victory against high-profile claims of discrimination in a way that was the least disruptive to the client's business and tried the case efficiently. Scott has previously won summary judgment against the EEOC on behalf of a separate employer defending a retaliation suit.
  • Won federal jury trial verdict against plaintiff asserting high profile race discrimination claims involving issues of alleged white privilege and expert testimony concerning critical race theory.
  • Won dismissal and summary judgment on behalf of a government contractor against claims of fraud related to a government contract and claims of retaliation against a whistleblower in violation of the False Claims Act. Decisions were affirmed by the U.S. Sixth Circuit Court of Appeals.
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Experience

  • Won a federal jury trial verdict on behalf of a national employer against plaintiff Equal Employment Opportunity Commission (EEOC). Scott obtained this jury trial victory against high-profile claims of discrimination in a way that was the least disruptive to the client's business and tried the case efficiently. Scott has previously won summary judgment against the EEOC on behalf of a separate employer defending a retaliation suit.
  • Won federal jury trial verdict against plaintiff asserting high profile race discrimination claims involving issues of alleged white privilege and expert testimony concerning critical race theory.
  • Won dismissal and summary judgment on behalf of a government contractor against claims of fraud related to a government contract and claims of retaliation against a whistleblower in violation of the False Claims Act. Decisions were affirmed by the U.S. Sixth Circuit Court of Appeals.
  • Won dismissal of purported class action employee privacy claims resulting from alleged data breach.
  • Defeated former employees’ purported nationwide class and collective action overtime claims in Federal Court and convinced Department of Labor to halt concurrent wage and hour investigation.
  • In state court, won an extraordinary restraining order/injunction on behalf of plaintiff employer asserting trade secrets, trademark and breach of contract claims against former employee and new business for unfair competition.
  • In non-compete context, successfully defended new employer and employee in trade secret, non-compete, breach of contract and related restrictive covenant employment litigation by successfully opposing emergency restraining order, injunction and money damages request in lawsuit, resulting in dismissal of case with no recovery.
  • Won groundbreaking summary judgment for employer in recent published opinion in federal court rejecting former employee claims under the Americans with Disabilities Act (ADA). This case concerned questions of first impression for the Court involving issues of “major life activities”, testing, thinking, concentrating, cognition and workplace safety.
  • Secured a bench trial victory on behalf of an employer in a high-stakes, bet-the-company breach of contract suit. 
  • Successfully litigated online defamation claims for businesses and owners and obtained an injunction prohibiting a former employee’s cyberattacks.  
  • Won numerous recent summary judgments on behalf of employers, including cases involving retaliation claims, race discrimination, age discrimination, sex discrimination, hostile work environment, harassment, pregnancy discrimination claims, FMLA claims, disability/medical leave and claims involving the Public Law Board process as part of collective bargaining agreements.
  • Won published appellate opinion breaking new ground on privacy and confidentiality.
  • Defeated claims of independent contractor misclassification and joint employer allegations.  
  • Advises clients on management of workplace data and records, including the implementation and management of company-wide compliance and information government programs, policies and procedures; the management and protection of personal data, trade secrets and competitive confidential information; and the implementation of social media, bring your own device (BYOD), and employee-monitoring policies and practices. Assists clients with information and record requests from employees, government agencies and citizens.
  • Counsels and litigates on behalf of clients in matters involving electronic communication, interception and surveillance issues, including the Computer Fraud and Abuse Act, the Electronic Communications Privacy Act, the Stored Communications Act, the Wiretap Act and the Illinois Biometric Information Act (BIPA).
  • Advises clients on workplace safety issues, including defense of OSHA investigations, properly responding to COVID-19, vaccine mandates, navigating state and local law considerations and properly addressing medical and religious based accommodation requests.
  • Successfully defended clients in government investigations and audits involving wage and hour issues, pay practices and alleged misclassification.
  • On behalf of a healthcare company, obtained dismissal of a federal lawsuit alleging retaliation in violation of False Claims Act and wage and hour violations.
  • Defended a major international pharmaceutical company against wage and hour claims in a lawsuit.
  • Defended a major national employer and retailer against purported collective and class action FLSA and wage and hour claims in multiple jurisdictions. 
  • On behalf of a media company, filed a successful lawsuit under ERISA's Multiemployer Pension Plan Amendments Act against a union pension plan and its board of trustees that challenged actions relating to a withdrawal liability assessment.
  • Represented a government contractor employer in connection with a nationwide Department of Labor audit involving the McNamara-O'Hara Service Contract Act.
  • Successfully represented multiple clients in noncompete matters involving corporate raiding, trade secrets, unfair competition and injunctive relief, including successful defense of large e-commerce retailer in a lawsuit seeking a temporary restraining order and injunction due to trade secret misappropriation allegations.
  • Obtained TRO, preliminary and permanent injunctions in addition to damages settlement on behalf of an employer enforcing a noncompete and confidentiality agreement against a former employee for unfair competition. 
  • Serves as national or regional employment-law counsel for multiple employers, with responsibility for handling the breadth of clients' employment law matters. Representation includes defense of litigation and proceedings before EEOC, Department of Labor, Civil Rights Commissions, Office of Federal Contract Compliance Programs and  Occupational Safety and Health Administration, regarding prevailing wage matters; litigation avoidance counseling and compliance matters, including (for example) background check issues and other hiring issues; FMLA; ADA; social media; privacy matters; protection of confidential data and trade secrets; and preserving business relationships. Admitted in more than 15 courts and has handled matters on a pro hac vice basis nationwide.
  • Obtained dismissals of multiple whistleblower allegations, including successful defense of matters alleged under the Consumer Financial Protection Act and the Dodd-Frank Wall Street Reform and Consumer Protection Act.
  • Arbitrated multiple employment matters, enforced arbitration agreements, and implemented arbitration and dispute resolution programs for clients.
  • Resolves all types of employment discrimination, harassment and retaliation claims and related issues by using negotiation and mediation where early resolution makes business sense.
  • Appointed by the district court as a mediator, and routinely engages in mediation to avoid unnecessary attorneys' fees when in client's interest.
  • Serves as private Arbitrator to resolve employment and commercial disputes at requests of parties and counsel.
  • Won an extraordinary award of attorneys' fees against a plaintiff former employee who committed discovery abuses in connection with her lawsuit against the client. The court stayed the lawsuit until the plaintiff satisfied the fee award.
  • Negotiated collective bargaining agreements, arbitrated grievances and has experience defending unfair labor practice charges.
  • Has experience litigating against unions, including in the context of temporary restraining orders and injunctive relief.
  • Successfully defended ERISA lawsuits, including high-stakes class action and retirement plan withdrawal liability.
  • Conducts effective and expeditious confidential internal investigations on behalf of employers.
  • Negotiates employment agreements as well as incentive and executive compensation arrangements and advises concerning workplace reorganizations.
  • Assists global companies with relocations, transitioning workforce issues, and employment-related due diligence associated with mergers, acquisitions and related deals.
  • Represents government employers, including unionized employers, in connection with public record requests.
  • Represents emerging companies in connection with training, implementing legally compliant policies designed to grow their workforces, and maintaining positive employee and workplace relations.

Recognitions and Memberships

Recognitions

  • Chambers USA: Labor & Employment in Ohio (2017 to present)
    • Band 3 (2022), Band 4 (2017 to 2021)
  • The Legal 500 United States (2019 to present)
    • Recommended in Labor and Employment Disputes (including collective actions): Defense (2019 to present)
    • Recommended in Trade Secrets (Litigation and non-contentious matters) (2021 to present)
  • The Best Lawyers in America®
    • Ohio: Employment Law – Management (2015 to present)
    • Ohio: Litigation – Labor & Employment (2018 to present)
  • Ohio "Super Lawyer" (2017 to present)
  • Law360 (LexisNexis) "Rising Star, Top 5 Attorneys Under 40" Nationwide in Employment Law (2013)
  • Martindale-Hubbell: AV Preeminent
  • Certified Specialist in Employment & Labor Law by the Ohio State Bar Association
  • American Bar Foundation: Life Fellow

Memberships

  • Federal Bar Association
    • Cincinnati/Northern Kentucky Chapter
      • President (2017)
  • Ohio Chamber of Commerce: Employment Law Committee
  • Ohio Management Lawyers' Association
  • American Bar Association
  • Ohio State Bar Association
    • Midwest Employment and Labor Law Planning Committee
    • Past Speaker
  • Cincinnati Bar Association, Arbitration Committee Leadership
  • Kentucky Bar Association

Community

  • Appointed by the Supreme Court of Ohio to Ohio Commission on Rules of Practice and Procedure for Ohio Courts (2017 to present)
  • The Summit Country Day School: Baseball Coach, Assistant Soccer Coach and Parent Advancement Committee
  • Catholic Charities: Past Board Member
  • Thomas More University: Board of Trustees: Past Member
  • Local Parish Baptism Ministry Team Leader
  • Hamilton County (Cincinnati) Tax Levy Review Committee: Past Member

Pro Bono

  • Represents veterans before the U.S. Court of Appeals for Veterans Claims and other matters involving service.
  • Represents nonprofits on various legal matters.

Emerging Issues

Prior Positions

  • Law Clerk for the Honorable Daniel A. Manion of the United States Court of Appeals for the Seventh Circuit (Chicago, Illinois, and South Bend, Indiana)
  • Law Clerk for the Honorable Karl S. Forester, Chief Judge of the U.S. District Court for the Eastern District of Kentucky

Admissions

  • U.S. Court of Appeals, Fifth Circuit
  • U.S. Court of Appeals, Sixth Circuit
  • U.S. Court of Appeals, Seventh Circuit
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. Court of Appeals for Veterans Claims
  • U.S. District Court, Southern District of Ohio
  • U.S. District Court, Northern District of Ohio
  • U.S. District Court, Eastern District of Kentucky
  • U.S. District Court, Western District of Kentucky
  • U.S. District Court, Western District of Tennessee
  • U.S. District Court, Southern District of Indiana
  • U.S. District Court, Northern District of Indiana
  • U.S. District Court, Central District of Illinois
  • U.S. District Court, Eastern District of Wisconsin
  • Ohio
  • Kentucky

Education

  • J.D., University of Kentucky College of Law, 2001; cum laude; Articles Editor, Kentucky Law Journal; Moot Court Board
  • B.A., Thomas More College, 1997, summa cum laude, Honors Program, Student Government President

Blog

In The Blogs

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Employment Law Spotlight
For California Electronic and Computing Services Companies, New Processes Required Before Responding to Warrants, Subpoenas and Other Information Requests
By Rachel Palmer Hooper, M. Scott McIntyre, Aleksandra Vold
October 12, 2022
In response to the Dobbs decisions, Califoria enacted legislation intended to enhance data privacy and block record requests by other states concerning alleged abortion-related offenses that are lawful in California. In September...
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Employment Law Spotlight
Governor Newsom Imposes Greater Pay Transparency Requirements on California Employers
By Sylvia J. Kim, Kerri H. Sakaue
September 30, 2022
On Sept. 27, Gov. Gavin Newsom signed into law Senate Bill (SB) 1162. As previously reported, SB 1162 significantly expands pay reporting and disclosure requirements for most California employers. Effective Jan. 1, 2023, California...
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Employment Law Spotlight
Dobbs on Demand Podcast Series
By Amy J. Traub
August 15, 2022
In response to the recent Dobbs v. Jackson Women’s Health Organization decision in which the Supreme Court overturned Roe v. Wade, BakerHostetler partners have developed a podcast series aimed at providing guidance and addressing questions...
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Employment Law Spotlight
Washington Employers: Take Caution Before Asking Your Employees To Sign Confidentiality and Nondisparagement Agreements
By James R. Morrison
August 4, 2022
For years, employers have insisted that confidentiality and nondisparagement agreements be included in settlement agreements in a variety of employment disputes, such as discrimination, harassment, wage and hour, and others. The reasoning...
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Employment Law Spotlight
Kentucky Federal Court Issues Three-State Preliminary Injunction Against Federal Contractor Vaccine Mandate
By Marc A. Antonetti, M. Scott McIntyre
December 3, 2021
By Marc Antonetti and Scott McIntyre On Nov. 30, 2021, the Eastern District of Kentucky enjoined President Biden’s federal contractor vaccine mandate in Commonwealth of Kentucky v. Joseph R. Biden. Under Executive Order 14042, covered...
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