Scott is a civil litigator who handles a broad array of business disputes.  He has particularly deep experience in the areas of trade secret misappropriation, employment disputes (including discrimination and retaliation claims), insurance coverage issues, real estate litigation, and breach of contract claims.  He also has experience in the area of estate, trust, and fiduciary litigation.  Scott has developed and managed e-discovery strategies and processes for clients and has provided counsel on document retention policies and practices. 

Before joining Carr McClellan, Scott was a litigation attorney at O’Melveny & Myers in San Francisco. He served as a judicial intern to the Honorable Frederick H. Bysshe of the Superior Court of California, Ventura, California. 

Special Expertise 

  • Employment litigation
  • Trade secret litigation
  • Real estate litigation
  • Estate & trust litigation

Contact Information

Scott E. Atkinson

P: 650-342-9600
F: 650-342-7685

Practice Areas

Related Practice Areas

  • Creditors’ Rights & Bankruptcy
  • Trust, Estate & Fiduciary Litigation

Academic Credentials

  • J.D., Vanderbilt University Law School, 2007
    Senior Notes Editor, Vanderbilt Law Review
  • A.B., cum laude, Duke University, 2004
    Public Policy, Minor in Music, Latin American Studies Certificate

Expertise and affiliations

  • Representative Matters

    Trade Secret Litigation

    • Represented tax preparation business in federal trade secret and trademark infringement lawsuit.  Secured return of trade secret information and all rights to disputed trademark through settlement before trial.
    • Represented fabless semiconductor design house in trade secret dispute with chip foundry and negotiated favorable resolution without filing suit.
    • Defending major building services provider in trade secret lawsuit regarding alleged theft of customer lists and business leads. 

    Employment Litigation

    • Defended local government entity and officials in employment discrimination and retaliation case; after a two-week trial, the jury found no discrimination.
    • Defended technology company from wrongful termination whistle-blower and gender discrimination claims; the matter settled favorably before trial. 

    Real Estate Litigation

    • Assistant trial counsel for two-month trial (including two-week jury phase) to recover possession of a pier after tenant’s breach of lease; jury found for client on all issues, prompting a tenant eviction.
    • Represented commercial property owner in dispute regarding implied easement over driveway; matter settled with client receiving compensation for neighbor’s unlawful use of driveway.
    • Represented homeowner in construction defect case and achieved substantial settlement from contractor despite potential legal bar to claims.
    • Recovered possession of commercial properties for landlords in numerous commercial unlawful detainers; followed up with breach of lease and breach of guaranty lawsuits to seek complete compensation for landlords. 

    Estate & Trust Litigation

    • Defended widow and children in dispute over deceased husband’s alleged embezzlement from grandparents’ trust; the matter settled favorably before trial.
    • Persuaded appellate court to uphold trial court ruling that client’s sibling had unduly influenced their mother to alter her trust.
    • Defending trust beneficiary from undue influence and conversion claims by sibling. 

    Additional Client Experience

    • Defended insurer from claims of bad faith breach of duties to defend and indemnify; matter settled successfully prior to trial.
    • Represented plaintiffs in financial elder abuse, fraud, and rescission action; matter settled successfully prior to trial.
    • Advised Fortune 100 technology company regarding document retention and electronic discovery policies and procedures.
  • Professional Affiliations
    • State Bar of California
    • San Mateo Bar Association
    • Admitted to practice in the United States Court of Appeals for the Ninth Circuit, United States District Court for the Northern District of California, and the United States District Court for the Central District of California.

  • Civic Affiliations
    • Community Gatepath | Board Member
  • External Publications

    Note, The Outer Limits of Gang Injunctions, 59 VAND. L. REV. 1693 (2006).