M. Scott McIntyre

Partner

Cincinnati
T +1.513.852.2622
F +1.513.929.0303

Overview

Scott McIntyre is an experienced litigator who advises employers, executives, managers and human resource professionals concerning sensitive internal matters and corporate compliance concerns. He resolves complex employment, labor, employee privacy and data security issues as well as litigated matters in an efficient and practical manner that makes business sense for his clients, which range from large, international public companies to emerging companies and family-owned businesses. Scott's practice encompasses the full range of employment litigation and compliance matters across multiple industry sectors, as well as counseling of union and non-union employers on litigation avoidance strategies and best practices. As a former clerk to both a United States Court of Appeals judge and a United States District Court judge, Scott also maintains an active trial and appellate practice. While he aggressively litigates when in his clients' interest, he partners with his clients to fully understand the source of problems and to identify long-term solutions to avoid litigation in the first place. He counsels companies of all sizes concerning compliance matters, including workplace privacy and information security policies, practices, codes of conduct and training. 

Scott maintains a national practice and leads the Cincinnati office's employment and labor practice. He is listed in The Best Lawyers in America© in the field of Employment Law – Management and recognized as a “Super Lawyer.”  He has been previously named one of five "Top Attorneys Under 40" nationwide in Employment Law by Law360. Scott is a board-certified specialist in Employment & Labor Law by the Ohio State Bar Association. He has been listed in Chambers USA: America's Leading Lawyers for Business as a leading lawyer in Employment and Labor.  According to Chambers USA 2009, "Clients laud trial lawyer Scott McIntyre for his intelligence, practicality and fine presentational skills. He is respected for his performance in employment law, civil rights litigation, and regulatory disputes." Scott is ranked AV Preeminent by Martindale-Hubbell.

Select Experience

  • Won a 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 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.
  • 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.    
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Experience

  • Won a 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 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.
  • 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.    
  • Secured a 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.      
  • 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.
  • 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 the world's largest 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. 
  • 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 and the Wiretap Act. 
  • 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.
  • 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)
  • The Best Lawyers in America© (2015 to 2017)
    • Cincinnati: Employment Law – Management
  • Ohio Super Lawyer (2017)
  • Law360 (LexisNexis) "Top 5 Attorneys Under 40" in Employment Law (2013)
  • Chambers USA: Labor & Employment in Ohio
  • Martindale-Hubbell: AV Preeminent
  • Certified Specialist in Employment & Labor Law by the Ohio State Bar Association

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
  • Kentucky Bar Association

Community

  • Appointed by the Supreme Court of Ohio to Commission on Rules of Practice and Procedure for Ohio Courts
  • Catholic Charities: Past Board Member
  • Thomas More College: Board of Trustees: Past Member
  • Hamilton County (Cincinnati) Tax Levy Review Committee: Past Member

Pro Bono

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

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
  • 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
Labor Department Withdraws 2015-16 Joint Employment, Independent Contractor Guidance
June 7, 2017
Did the new Labor Secretary finally throw employers a bone? We think so, but it’s too early to tell whether it’s delicious bacon-flavored or some generic processed meat flavor. On June 7, 2017, the Department of Labor (DOL) announced it...
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Employment Law Spotlight
New NYC Law Requires Written Agreements for Solo Contractors, Even Nannies and Babysitters!
May 19, 2017
Do you have a nanny or a housekeeper? A regular babysitter? If so, pay attention. Anyone hiring a solo independent contractor in New York City will need to comply with the Freelance Isn’t Free Act, which takes effect May 15, 2017. Anyone...
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Employment Law Spotlight
New York District Court Holds That Title VII Protects Against Sexual Orientation Discrimination
By Amanda Van Hoose Garofalo
May 16, 2017
Following the Supreme Court decision that same sex marriages are legal, there has been a movement to further expand rights and protections against sexual orientation bias. That trend is appearing in federal courts, where plaintiffs are...
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Employment Law Spotlight
Recent Developments in Transgender Issues
By Amanda Van Hoose Garofalo
May 3, 2017
On February 22, 2017, the Trump Administration rescinded the Obama Administration’s guidance related to transgender students’ access to bathrooms and locker room facilities that align with their gender identity, which was discussed in our...
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Employment Law Spotlight
Employers Will No Longer Be Permitted to Ask About Previous Pay in New York City
By Amanda Van Hoose Garofalo
April 16, 2017
On Wednesday, April 12, 2017, the New York City Council passed a law amending the New York City Human Rights Law (NYCHRL) to add a protective class – salary history. The NYCHRL applies to all employers with four or more employees. The...
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