M. Scott Barnard

Partner

Areas of Focus

M. Scott Barnard

Partner

sbarnard@akingump.com

Areas of Focus

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Biography
  • Leads business-critical litigation, focusing on securities, fiduciary duty and business tort cases.
  • Serves on Akin’s firmwide management committee guiding the firm’s operations worldwide
  • Co-head of the nationwide complex commercial litigation practice.
  • Partner-in-charge of the Dallas and Fort Worth offices.

Scott is an accomplished trial attorney with over 28 years of experience litigating high-stakes cases across the country. Known for his strategic thinking and unwavering commitment to client success, Scott has built a reputation for securing victories in state and federal courts, as well as the Delaware Court of Chancery. He represents public and private companies, directors and officers, and committees in securities class actions, fiduciary duty claims, shareholder derivative lawsuits and investigations. 

With more than 25 jury trials under his belt, Chambers USA notes that clients describe Scott as “a brilliant lawyer” who is “very tenacious, very creative and very good at getting successful outcomes,” “at the top of his game,” and “great in court.” He was also recently recognized by The American Lawyer’s “Litigator of the Week” column for his win on behalf of Southern Methodist University at the Texas Supreme Court, defeating class action claims for tuition refunds during the COVID-19 pandemic. 

Scott applies thoughtful analysis and sound judgment to each matter he handles. Known for his practical, business-focused approach, he works closely with clients to pursue solutions that support their commercial goals. His steady presence in complex negotiations and ability to build strong client relationships reflect his commitment to clear communication and effective advocacy. Whether advising on strategy or representing clients in high-stakes disputes, Scott brings a balanced and insightful perspective to every stage of the process.

Scott defends and advises clients in matters involving:

  • Securities class actions
  • Shareholder derivative suits
  • Suits for breach of fiduciary duty and other business torts
  • Internal investigations
  • Investigations and other regulatory actions by the U.S. Securities and Exchange Commission (SEC), FINRA and other authorities
  • Allegations of insider trading
  • Corporate governance matters.
Representative Work

Securities Litigation

  • Successfully represented one of the nation’s leading publicly traded clearing firms in both a securities class action and a shareholder derivative action before federal and state courts in Texas.
  • Secured a favorable, insurance-covered settlement for a public energy company in a derivative suit alleging breach of fiduciary duty and unjust enrichment by the board.
  • Obtained dismissal of a putative class action on behalf of an EB-5 fund in federal court related to securities claims brought by hundreds of limited partnership investors.
  • Represented a financial advisor during an SEC investigation concerning bond issuances for a Texas school district.
  • Acting as counsel for a Big Four accounting firm in securities class action litigation in federal court in California.
  • Represented the president and CFO of a public construction company in securities litigation concerning the company’s post-IPO disclosures, with proceedings in the Northern District of Texas and the Delaware Court of Chancery.
  • Represented a public crafts company and its CEO, CFO and former CEO in a securities class action arising from a stock drop after an audit committee investigation and restatement. The court denied class certification and dismissed the case.
  • Represented a major public energy company in nine federal securities cases in New York, Delaware and Texas arising from a $2.2 billion competitor acquisition and alleged violations of Sections 14(a) and 20(a) of the Securities Exchange Act of 1934.

Fiduciary Duty Litigation

  • Representing an investment fund and its board in fiduciary duty and contract claims over portfolio company units in the Delaware Court of Chancery
  • Represented officers and directors of a master limited partnership in the Delaware Court of Chancery in defense against claims of tortious interference and aiding and abetting breaches of fiduciary duty.
  • Led a team representing an upstream energy company in a derivative action in the Delaware Court of Chancery involving allegations of breach of fiduciary duty, aiding and abetting, and unjust enrichment, related to a $100 million acquisition of oil and gas assets in the Tuscaloosa Marine Shale.
  • Represented the conflicts committee of a leading upstream energy corporation in litigation before the Delaware Court of Chancery, contesting the validity of a $500 million convertible unit issuance.
  • Handled two distinct appeals on behalf of an electric grid infrastructure services company before the San Antonio Court of Appeals.
  • Represented the board members of a leading energy services corporation in a Section 11 securities action before a Texas state court and in subsequent bankruptcy proceedings.
  • Represented a publicly traded master limited partnership’s conflicts committee in an $11 billion sale to an upstream energy company before the Delaware Court of Chancery and Supreme Court.
  • Represented a large energy E&P company and its board of directors regarding a stockholder derivative and class action complaint filed in the Delaware Court of Chancery related to a $385 million transaction. The case was dismissed, and the dismissal was upheld on appeal to the Delaware Supreme Court.

Class Actions/Complex Commercial Litigation

  • Prevailed in a week-long AAA arbitration, defeating a former CEO’s $15 million+ business torts and breach of contract claims against two energy portfolio companies of a major investment management firm.  
  • Secured victories for a private university in both the Texas Supreme Court and Fifth Circuit on whether Texas’ Pandemic Liability Protection Act applies to student breach-of-contract class actions seeking tuition and fee refunds after COVID-19 required a shift to online instruction.
  • Represented the largest real estate franchise in 14 class actions across 12 states involving agent profit sharing contract allegations.
  • Represented a private university in the Eastern District of Louisiana and before the Fifth Circuit in litigation involving allegations of educational malpractice related to a class action seeking damages arising from the transition to online learning during the COVID-19 pandemic.
  • Represented a major real estate franchise in securing dismissal of a case in the Northern District of Texas involving allegations of civil RICO, antitrust violations and embezzlement related to its franchise system.
  • Secured full dismissal of business tort claims in Texas federal court for a French-owned public company, with the verdict upheld by the Fifth Circuit.
  • Effectively represented a major international telecommunications company during a probation revocation hearing in federal court.
  • Successfully represented a public energy services company in a week-long AAA arbitration concerning multiple business tort claims, and prevailed on the subsequent appeal.

"He is a superb lawyer who is very thoughtful and business-oriented."

Chambers USA, 2020

Education
  • J.D., Southern Methodist University School of Law, cum laude, 1997

  • B.A., Trinity University, 1994

Bar Admissions
  • Texas

Recognitions
  • Chambers USA, Litigation: Securities, 2015–2025.
  • The Legal 500 US, General commercial disputes and Securities litigation: Defense, 2020–2025; Education, 2025.
  • D Magazine, Dallas 500 List of Most Powerful and Influential Business Leaders in Greater Dallas-Fort Worth, 2017–2025.
  • Super Lawyers, Securities Litigation, Civil Litigation: Defense, General Litigation, 2012–2023.
  • D Magazine, Best Lawyers in Dallas, 2024–2025.
  • Best Lawyers in America, Litigation: Securities, 2020–2026.
Affiliations and Public Service
  • Member, Booker T. Washington School for the Performing and Visual Arts Advisory Board
  • Member, Opportunity & Inclusion Council, Akin Dallas Office
  • Assistant District Attorney, Dallas District Attorney’s Office
Speeches and Publications
  • Panelist, “All My Investments Live in Texas: Texas’ Emergence as a Leading International Finance Center,” Akin and Alternative Investment Management Association seminar, Dallas, October 2025.
  • Panelist, “Shareholder Class Action Litigation – Recent Cases That Changed the Landscape and What Lies Ahead,” ACC National Capital Region Webinar, October 2025.
  • Panelist, “What's Happening with Texas Corporate Law?,” Harvard Law School Webinar, March 2025.
  • Panelist, “Open for Business: The Evolving Texas Corporate Governance and Securities Regulation Landscape,” SMU Rowling Center for Business Law & Leadership, Dallas, February 2025.
  • Panelist, “Electronic Communications Sweep: How Large and Small Investment Advisers Can Respond,” DFW Financial Services Counsel Roundtable, Dallas, February 2023.
  • Moderator, “Complex Litigation During a Pandemic: Lessons from a Recently Completed Federal Bench Trial,” Akin Webinar, August 2020.
  • Moderator, “Getting the Deal Done: Hot Topics in Antitrust Enforcement of Mergers,” Akin CLE Seminar, Dallas and Houston, November 2017.
  • “Attorney-Client Privilege: Landmines for In-House Counsel,” ABA Section of Litigation Corporate Counsel CLE Seminar, Naples.

Insights and Achievements

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