M. Scott Barnard

Partner

Areas of Focus

M. Scott Barnard

Partner

sbarnard@akingump.com

Areas of Focus

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

Scott is an accomplished trial attorney with 30 years of experience litigating high-stakes cases across the country. Recognized for his strategic acumen and unwavering commitment to client success, Scott has earned a distinguished reputation for delivering favorable outcomes in state and federal courts, including the Delaware Court of Chancery. He represents public and private companies, directors and officers, and board committees in securities class actions, fiduciary duty claims, shareholder derivative lawsuits, government investigations, and corporate governance matters.

With more than 25 jury trials to his credit, Scott is described by clients to Chambers USA 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 recognized by The American Lawyer’s “Litigator of the Week” column for his landmark win on behalf of Southern Methodist University at the Texas Supreme Court, defeating class action claims for tuition refunds arising from the COVID-19 pandemic.

Scott brings rigorous analysis and sound judgment to every engagement. Known for his practical, business-focused approach, he partners closely with clients to craft strategies that advance their commercial objectives. His commanding presence in complex negotiations, combined with his ability to cultivate lasting client relationships, reflects a deep commitment to clear communication and results-driven advocacy. Whether shaping litigation strategy or representing clients in high-stakes disputes, Scott delivers a balanced and incisive perspective at every stage.

Scott also co-hosts The Business Court Benches, a podcast series that examines developments in the Delaware Court of Chancery and the emerging Texas Business Court, among others, and their implications for corporate governance and complex litigation.
 

Scott defends and advises clients in matters involving:

  • Corporate and business disputes
  • Securities class actions
  • Shareholder derivative suits
  • Breach of fiduciary duty and other business tort claims
  • Internal investigations
  • Investigations and enforcement actions by the U.S. Securities and Exchange Commission (SEC), FINRA and other regulatory authorities
  • Insider trading allegations
  • 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 in 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 arising from 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.
  • Serving 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 following 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 involving portfolio company units in the Delaware Court of Chancery.
  • Represented officers and directors of a master limited partnership in the Delaware Court of Chancery, defending 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 arising from 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 in 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 in a stockholder derivative and class action complaint filed in the Delaware Court of Chancery arising from a $385 million transaction. The case was dismissed, and the dismissal was affirmed on appeal by the Delaware Supreme Court.

Class Actions/Complex Commercial Litigation

  • Prevailed in a week-long arbitration, defeating a former CEO’s $15 million-plus business tort and breach of contract claims against two energy portfolio companies of a major investment management firm.
  • Secured a complete victory in arbitration and in the Delaware Court of Chancery, recovering approximately $20 million in valuable EPA emissions allowances and an award of attorneys’ fees related to the sale of a power plant in West Virginia.
  • Defeated fraud and business tort claims seeking $300 million in federal court and in arbitration against one of the largest real estate franchise companies in the world.
  • Secured victories for a private university in both the Texas Supreme Court and the Fifth Circuit, establishing that Texas’ Pandemic Liability Protection Act applies to student breach-of-contract class actions seeking tuition and fee refunds after COVID-19 necessitated 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 class action litigation alleging educational malpractice and 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 dismissal affirmed by the Fifth Circuit.
  • Represented a major Chinese telecommunications company during a probation revocation hearing in federal court.
  • Successfully represented a public energy services company in a week-long arbitration involving multiple business tort claims arising from energy restoration work in Puerto Rico 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, 2024–2026.
  • 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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