Scott O'Connell
Partner
Overview
W. Scott O'Connell is a trial attorney and litigation strategist in Holland & Knight's Boston and New York City offices. He focuses his practice on high-stakes litigation, class actions, internal investigations and government enforcement proceedings for healthcare systems, financial institutions, private equity funds, universities, technology companies and other organizations facing significant financial, operational and reputational risk.
Mr. O'Connell has served as lead counsel in more than 70 trials, arbitrations, evidentiary hearings and related appeals in federal and state courts throughout the U.S. His matters include bet-the-company litigation, complex commercial disputes, business tort claims, consumer protection matters, product liability litigation and constitutional challenges. Clients call on Mr. O'Connell when disputes require courtroom credibility, disciplined crisis management and the ability to coordinate litigation, regulatory and reputational strategy at the same time.
In class action, mass torts and aggregate litigation, Mr. O'Connell works closely with businesses to find and defend the case while implementing practical solutions that limit accruing exposure. He also counsels companies through crisis response, internal investigations, parallel proceedings and government investigations involving civil, criminal and regulatory risk. Boards, executives and institutional leaders frequently call on him when independent investigations or coordinated defense strategies are required.
Mr. O'Connell also represents hospitals, health systems, academic medical centers and healthcare technology companies in reimbursement disputes involving payer disputes, False Claims Act matters, Stark Law issues and regulatory challenges involving the Centers for Medicare & Medicaid Services (CMS). His work includes federal and state litigation, Administrative Procedure Act (APA) challenges and disputes involving Medicaid, Medicare and third-party payers.
Mr. O'Connell represents academic medical providers, public universities and private for-profit educational institutions in governance matters, internal investigations and commercial litigation. He also defends class actions seeking discharge of private student loans connected to failed for-profit education institutions, including commercial flight schools and beauty academies.
Mr. O'Connell is a term trustee of his alma mater, St. Lawrence University, where he has served on the Executive Committee, Presidential Appraisal Committee, Audit Committee and Academic Affairs Committee. His board service informs his counsel to institutional leaders on governance, fiduciary obligations, strategic risk and reputationally sensitive matters.
Mr. O'Connell maintains a significant pro bono practice focused on representing survivors of domestic violence and expanding access to justice. A longtime volunteer with New Hampshire's Domestic Violence Emergency (DOVE) Project, he has represented survivors of domestic violence and stalking seeking protective orders and related relief.
Prior to joining Holland & Knight, Mr. O'Connell served as chair of the litigation department for a global law firm, where he was based in the firm's Boston and Manchester, New Hampshire, offices.
Representative Experience
- Successful defense of a diesel engine manufacturer from multiple putative class actions alleging faulty selective catalytic reduction (SCR) systems
- Lead counsel in a two-week jury trial in a commercial dispute between two internet companies, obtaining a defense verdict on 95 percent of the $24.7 million damages sought by the plaintiff
- Lead counsel for a manufacturing company in a two-week trial, resulting in dismissal of wrongful death claims
- Lead trial counsel for an international luxury goods company in a five-day trial, resulting in dismissal of unfair and deceptive trade practices claims and more than $10 million in claimed damages
- Lead trial counsel for a Canadian oil refiner in a multiday trial resulting in dismissal for lack of personal jurisdiction in aggregate methyl tert-butyl ether (MtBE) litigation
- Lead trial counsel for a private equity fund in a six-week jury trial in Oahu, Hawaii, defending claims for breach of partnership agreement, fiduciary duty and violations of Hawaii's unfair and deceptive trade practices act; the matter resolved for less than plaintiffs' final demand
- Lead trial counsel for health system clients in a five-day federal court evidentiary hearing, securing a preliminary injunction against $70 million in unlawful state Medicaid reimbursements changes.
- Lead trial counsel for health system clients in litigation enjoining Centers for Medicare & Medicaid Services' (CMS) enforcement of unlawful sub-regulatory agency guidance and obtaining an attorneys' fee award because the government's position was not substantially justified
- Served as trial counsel, and obtained judgment, for a cellular telephone company after a month-long trial
- Presented oral argument for a national bank before the en banc U.S. Court of Appeals for the Ninth Circuit, successfully compelling arbitration and enforcing a class action waiver
- Represented an international real estate services firm in investigations by the New York Attorney General and Manhattan District Attorney involving a New York-based commercial real estate company and its principals
- Class counsel in litigation stopping an unconstitutional attempted financial raid of a quasi-governmental malpractice association; a class of approximately 6,000 healthcare providers received a gross distribution of $196 million
- National counsel for claims arising from the unwinding of a national bank's $1 billion private student loan portfolio; defended more than 100 cases, including 15 class actions in 11 states alleging truth-in-lending, fiduciary, consumer protection and civil Racketeer Influenced and Corrupt Organizations Act (RICO) claims
- Lead counsel for 26 hospitals in multiple actions and appeals enjoining the Centers for Medicare & Medicaid Services (CMS) from implementing unlawful Medicaid reimbursements; negotiated settlement provides $1.7 billion in Medicaid reimbursements over seven years
- Served as lead counsel in defense of a New York City hospital system in a putative class action arising from alleged fraudulent trade practices involving billing for medical services
- Served as co-counsel in defense of a six-state putative class action against a truck engine manufacturer alleging deficient emissions systems
- Served as internal investigator and coordinating counsel for a hospital system in parallel criminal, regulatory and civil actions arising from the infection of 32 patients with hepatitis C through the illegal diversion and use of opiate drugs by an employee
- Conducted internal investigations involving of alleged False Claims Act and Stark Law violations for a healthcare system and alleged misconduct by directors and officers of subsidiary banks for a bank holding company special committee; represented clients in related federal civil investigations, Office of the Comptroller of the Currency (OCC) proceedings, federal criminal prosecution and civil RICO litigation
- Advised boards, special committees and institutional leaders on governance disputes, internal investigations and regulatory enforcement matters
- Obtained successful defense of two foreign energy trading companies and a foreign refinery in aggregate methyl tert-butyl ether (MtBE) groundwater contamination litigation
- Successful defense of an industrial product manufacturer in a wrongful death and catastrophic injury case
- Successful defense of a high-tech internet component manufacturer in a putative consumer class action alleging unfair and deceptive trade practices
- Lead counsel for a healthcare payment technology company challenging Centers for Medicare & Medicaid Services' (CMS) enforcement of unlawful sub-regulatory agency guidance that threatened the company's business model
- Lead counsel of a fiber-optic service provider in commercial disputes with competitors
Credentials
- Cornell Law School, J.D.
- St. Lawrence University, B.A., cum laude
- District of Columbia
- Maine
- Massachusetts
- New Hampshire
- New Jersey
- New York
- Vermont
- U.S. Supreme Court
- U.S. Court of Appeals for the First Circuit
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Ninth Circuit
- U.S. Court of Appeals for the Tenth Circuit
- U.S. District Court for the District of Columbia
- U.S. District Court for the District of Maine
- U.S. District Court for the District of Massachusetts
- U.S. District Court for the District of New Hampshire
- U.S. District Court for the District of New Jersey
- U.S. District Court for the Southern District of New York
- U.S. District Court for the District of Vermont
- New Hampshire Judicial Selection Commission, 2021-2024
- The Trial Network, 2000-2021
- Federal Court Advisory Committee, District of New Hampshire
- New Hampshire Task Force to Prevent Child Abuse, Board Member, 1993-1997
- New Hampshire Food Bank, Board Member, 1993-1997
- Farnum Center, Vice Chairman, 1993-1997
- Cornell Law Review, Editor
- Moot Court Board, Chancellor, Cornell Law School
- Cornell Law School Alumni Association, Past State Coordinator
- St. Lawrence University, Board of Trustees, 2018-Present
- The Best Lawyers in America guide, Appellate Practice, 2010-2027; Bet-the-Company Litigation, 2010-2026; Commercial Litigation, 2010-2027; Litigation – Banking and Finance, 2010-2027; Litigation – Health Care, 2010-2027; Litigation – Municipal, 2010-2027; Litigation – Securities, 2010-2027; Mass Tort Litigation/Class Actions – Defendants, 2010-2027; Product Liability Litigation – Defendants, 2010-2027; Criminal Defense: White Collar, 2010-2026
- Finalist, Social Impact Award, New England Legal Awards, Connecticut Law Tribune, 2025
- L. Jonathan Ross Award for Outstanding Legal Services, 603 Legal Aid, New Hampshire Bar Association (NHBA), 2025
- Pro Bono Award, Alumni Exemplary Public Service Awards, Cornell Law School, 2025
- Top 5 Pro Bono Volunteers in the State, New Hampshire Supreme Court, 2024
- Chambers USA: America's Leading Lawyers for Business guide, Litigation: General Commercial, 2008-2022, 2024
- The Best Lawyers in America guide, Boston Health Care Lawyer of the Year, 2023; Boston Litigation – Securities Lawyer of the Year, 2013; Litigation – Banking and Finance, Boston, 2014; Litigation – Securities, Boston, 2016; Litigation – Health Care, Manchester, 2018; Appellate Practice, Boston, 2019; Bet-the-Company-Litigation, Manchester, 2020; Appellate Practice, Manchester, 2021; Appellate Practice, Boston, 2022
- The Legal 500 USA, Product Liability, Mass Tort and Class Action: Toxic Tort – Defense; Trade Secrets (Litigation and Non-Contentious Matters), 2021
- Pro Bono Service Award, New Hampshire Bar Association, 2011
- Frederick Douglass Human Rights Award, Law Office of the Southern Center for Human Rights, 2008
- New England Super Lawyers magazine, Securities Litigation and/or Class Action-Mass Torts, 2007-Present
- Litigation Star, Benchmark Litigation, Massachusetts and New Hampshire, 2008-Present
- Martindale-Hubbell AV Preeminent Peer Review Rated, 2004-Present
- 40 Under Forty, New Hampshire Union Leader, 2003
- Leadership New Hampshire, 2001