Counsel

R. Scott Tewes

Scott has over thirty years of experience serving clients in a broad range of business litigation matters encompassing contracts, securities, fraud, agency, franchising, competition and fiduciary law. His work for technology companies often includes intellectual property, trade secret and licensing disputes that require expedited hearings for injunctive relief.

Biography

After completing law school and a federal appellate clerkship, Scott practiced with Kilpatrick Townsend & Stockton, an AmLaw100 firm headquartered in Atlanta, where he became a partner in 1996. In 2002, Scott launched his own litigation practice, Tewes Law Group LLC, which is ranked by U.S. News among top-tier regional firms for Commercial Litigation and Litigation-Intellectual Property.

When he is away from work, Scott enjoys riding motorcycles, shooting, skiing and running an occasional 5k.

See www.teweslaw.com

Experience

Obtained a damages award and permanent injunction for a SaaS provider to prevent copyright infringement, violation of the Digital Millennium Copyright Act, violation of the Computer Fraud and Abuse Act, breach of contract and tortious interference with contract rights.

Represented an executive and his new company in a suit by former employer alleging misappropriation of trade secrets in which the trade secret claims were dismissed and the jury returned a verdict for the client on counterclaims.

Obtained a preliminary injunction preventing a former franchisee from using the franchisor’s trademarks on the Internet in URLs and using phone numbers identified with the franchised system.

Obtained a favorable mediation result in a multi-million dollar patent infringement action against a Japanese electronics manufacturer and its American subsidiary.

Defended bond subrogation and personal guaranty claims against individual owners winding down a brokerage business, resulting in dismissal of the subrogation claims and judgment for the defendants on the guaranty claims at trial.

Defeated an action alleging securities fraud, common law fraud and breach of contract in a franchise sale and secured a damages award on counterclaims for breach of contract and attorneys’ fees.

Represented an executive and his new company in a declaratory judgment action to invalidate non-competition provisions and limit the scope of non-disclosure provisions of an employment agreement, resulting in a settlement allowing the executive’s new employment.

Recovered damages for a manufacturer of specialty nutritional products in actions for breach of sales agreements.

Recovered damages for a commercial general contractor in actions for breach of construction contracts.

Acted as outside general counsel for a SaaS provider in numerous technology and intellectual property matters as the company grew and was acquired by a global venture capital and private equity firm.

Represented a consulting firm in alleged breach of a license agreement related to business and financial analysis and related services, resulting in resolution without litigation on terms favorable to the client.

Represented a drilling company asserting breach of warranty claims for heavy equipment, resulting in the replacement of the equipment.

Recovered monetary judgment and property for an employer after a fraudulent scheme by a product development employee.

Defended a pharmaceutical company in an action by a major competitor to enjoin the launch of a generic drug based on alleged misappropriation of trade secrets. After an initial hearing and denial of a temporary restraining order, the case settled on terms favorable to the defendant.

Defended the inventor of a medical device against claims of co-inventorship by a consultant. The action was settled and dismissed with prejudice and an acknowledgment that all rights in the patent resided with the defendant.

Represented a major carpet manufacturer in obtaining a favorable settlement in an action against its largest competitor for infringement of two patents for carpet backing and misappropriation of trade secrets related to carpet manufacturing.

Represented an environmental engineering firm in obtaining summary judgment of invalidity and non-infringement of a patent for a method of soil decontamination used in multi-million dollar soil remediation projects. The judgment was affirmed on appeal.

Represented a university on claims for breach of contractual obligations and legal duties related to development and testing of compounds for pharmaceuticals and related patent infringement claims. After extensive litigation, the matter resulted in a license agreement on terms favorable to the university.

After appointment by the U.S. Court of Appeals for the Eleventh Circuit to represent an inmate in an action challenging the constitutionality of a rule of the Georgia State Board of Pardons and Paroles, obtained reversal of summary judgment and successfully defended against the State’s petition to the Supreme Court for a writ of certiorari.

Publications, Presentations & Recognitions

“Business by the Bible and the Law” presentation for The Business Leadership Summit (Faith Baptist Bible College), Ankeny, Iowa, October 2018

Moderator, Roundtable: “The Application of Daubert to IP Experts” (ABA Litigation Section), Atlanta, Georgia, November 2000

“Proving Patent Infringement Damages” presentation and materials for National CLE Conference (Law Education Institute), Vail, Colorado, January 2000

Admissibility of Expert Testimony, Georgia Bar Journal, June 1999

“Direct and Cross Examination of a Damages Expert – Demonstration & Panel Critique” presentation with Chelton Tanger and Jerry Blackstock, Patent Litigation 1997 (Practicing Law Institute) Atlanta, Georgia, October 1997

Note, Religion, Education and Government Regulation, 34 S.C.L. Rev. 885 (1983)

Constitutional Law, Annual Survey of South Carolina Law, 34 S.C.L. Rev. 45 (1982)

Best Lawyers in America for Commercial Litigation and Litigation-Intellectual Property

Georgia Super Lawyer, Business Litigation by Super Lawyers

Martindale Hubbell Law Directory rating AV Preeminent 5 of 5

Bar Register of Preeminent Lawyers

AVVO rating 10 of 10

Marquis Who’s Who in American Law

Professional and Civic Activities

Scott served on the Board of Directors of Clearwater Christian College and, later, of the Clearwater Christian Foundation. He also has served as a member and chairman of the Board of Directors for Killian Hill Christian School in Lilburn, Georgia.