Industries
Education
Wayne State University Law School, J.D.
University of Michigan, B.A.
Bar Admissions
- Michigan
Court Admissions
U.S. Supreme Court
U.S. Circuit Court
- Sixth Circuit
U.S. District Court
- Eastern District of Michigan
- Western District of Michigan
Sault Ste. Marie Chippewa Tribal Court
Kimberly Scott is a specialty litigator whose practice focuses on complex commercial litigation matters and "bet-the-company" litigation that present unique challenges, such as novel issues of procedure or law. Kim counsels clients at all phases of the litigation and helps develop strategy for complicated matters, covering multiple practice areas with an emphasis on intellectual property, antitrust, and commercial torts and business disputes. She has experience working on class action matters and multi-district litigation, and has litigated in courts across the country.
Kim specializes in cases that involve multiple and often nuanced theories of law. Her practice is not limited to one specific industry, but instead focuses on complex litigation strategy and coordination of parties in suits of all sizes. As the leader of the firm's e-Discovery team, she is known for successfully managing nationwide litigation teams and taking the lead on litigation and trial strategy. Kim is familiar with every phase of complex litigation and has represented both plaintiffs and defendants in cases ranging in value to 10 figures, including the largest judgment in a commercial dispute in Michigan that resulted in a $300 million jury verdict and which settled for over $500 million on the eve of trial in federal court on the antitrust claims.
Kim has been recognized by Best Lawyers in America for Intellectual Property Litigation and was a member of Michigan Lawyers Weekly's Leaders in the Law Class of 2018. Kim is also very active in local and national professional associations and is admitted to practice in front of the United States Supreme Court.
Representative Matters
Kim has represented a broad range of corporations, partnerships, financial institutions, non-profit organizations, mid-size businesses, international businesses, law firms, governmental entities, trade associations and individuals in antitrust matters, intellectual property disputes, unfair competition matters, class action and multi-district plaintiff and defense matters, and commercial contract disputes in a wide range of industries.
Trial counsel for Valassis Communications, Inc. in its legal battle with News America, Inc., a part of Rupert Murdoch’s News Corporation. Obtained $300 million jury verdict after an eight-week trial in July 2009, the eighth-largest jury verdict in the United States in 2009. As part of a comprehensive settlement--reached three days before the parties were scheduled to begin a second jury trial in Federal Court in Detroit--News America agreed to pay Valassis $500 million and enter into a 10-year shared mail distribution agreement with Valassis. Valassis Communications, Inc. v News America Inc., Case No. 07-706645 (Wayne County Circuit Court 2007); Valassis Communications, Inc. v News America Inc., Case No. 2:06-cv-10240 (Eastern District of Michigan 2006); Valassis Communications, Inc. v News America Inc., Case No. BC367743, (Los Angeles County Superior Court, California 2007).
Fraud claims brought against JT LeRoy aka Laura Albert, fiction writer, resulting in a trial verdict and punitive damages over $300,000 for the client, a film production company that purchased the rights to Ms. Albert’s novel “Sarah.” Antidote Int’l Films, Inc. v. Bloomsbury Publishing, Case No. 06 Civ.6114 (CJR) (S.D.N.Y. 2007); Antidote Int'l Films, Inc. v. Underdogs, Inc., Laura Albert a/k/a JT Leory, Defendants-Appellants, Case No. 07-4451-cv (2nd Cir. 2007).
Represented putative class of cranberry growers suing an agricultural cooperative for unfair trade practices and fixing the prices of cranberry concentrate in violation of antitrust and state laws.
Defended against putative class claims brought by consumers under the Fair Credit Reporting Act. The case settled before class certification.
Defended the NCAA against putative class claims brought by student-athletes alleging the NCAA violated the antitrust laws by fixing prices and establishing regulations that resulted in a group boycott in connection with alleged use of student-athlete likenesses in video games.
Defended the NCAA against putative class claims brought by student-athletes alleging that association’s scholarship rules violated the antitrust. The court granted the NCAA’s motion to dismiss which was affirmed by the Seventh Circuit.
Defended the NCAA against putative class claims brought by student-athletes alleging colleges and universities violated the antitrust laws by fixing prices and establishing scholarship regulations in the sports of football and men’s basketball. The case settled while the NCAA’s motion to decertify the class was pending.
Honors
Fellow, Litigation Counsel of America
The Fellows of the American Bar Foundation
Top Women Attorneys in Michigan, Hour Detroit Magazine, 2022
Michigan Super Lawyers, Intellectual Property Litigation, 2021-present; Rising Star, 2012-2016
State Bar of Michigan Pro Bono Honor Roll, 2020-present
Pro Bono Lawyer of the Year Award, Highly Commended, Chambers Diversity & Inclusion Awards: USA 2019
State Bar of Michigan John W. Cummiskey Pro Bono Award, 2019
Criminal Defense Attorneys of Michigan, Exceptional Achievement Certificate, 2018
Best Lawyers in America, Intellectual Property Litigation, 2018-present; 2024 Ann Arbor Intellectual Property Litigation Lawyer of the Year
Michigan Lawyers Weekly, Leaders in the Law Class of 2018
DBusiness Magazine, Top Lawyer, Commercial Litigation, Antitrust Litigation & Arbitration
Michigan Lawyers Weekly, 2009 Up and Coming Lawyers
Wayne State University Law School, cum laude
Professional Activities
Federal Bar Association, Antitrust Committee Co-Chair, 2015-present
American Bar Association, Antitrust Section, Vice-Chair of Trade, Sports and Professional Associations Committee, 2015-present; Litigation Section
State Bar of Michigan, Antitrust, Franchising and Trade Regulation Section, Council Member, 2022-present; Litigation Section; Arts, Communication, Entertainment and Sports Section
Detroit Metropolitan Bar Association
Washtenaw County Bar Association, Federal Practice Section Co-Chair 2013-2015
Oakland University Paralegal Advisory Board, 2013-2016
Sedona Conference Working Group 1, Electronic Document Retention and Production
Sports Lawyers Association
International Legal Technology Association
Women Lawyers Association of Michigan
Women of Miller Canfield, Co-Chair, 2019-present
Michigan Supreme Court, Intern for Justice Marilyn Kelly, 2005
Civic, Cultural & Social Activities
Ozone House Board of Directors, Member
Ann Arbor Summer Festival, Board of Trustees 2009-2017, Chair 2014-2015
Ann Arbor Art Center, former Board of Director and member of 100th Anniversary Committee
Leadership Ann Arbor, Class of 2008-2009
Speeches
"Hamama v. Adducci - What Now?", Presented by University of Michigan Middle Eastern Law Students Association, Feb. 26, 2019
"Practicing as an Antitrust and Sports Lawyer," ABA Section of Antitrust Law Trade, Sports, and Professional Associations Committee Teleseminar, May 23, 2018
"Get Up, Stand Up: Preparing for Your First Oral Argument," ABA Antitrust Law Civil Practice and Procedure Committee Teleseminar, February 2, 2015
"U.S./Canada Cross-Border Business Torts: Basics and Developments," ABA Section of Antitrust Law International Committee and Business Torst and Civil RICO Committee Teleseminar, January 30, 2015
"Antitrust-Based Shareholder Derivative Suits: Trends and Lessons," ABA Antitrust Section Business Torts and Civil RICO Committee and Corporate Counseling Committee Teleseminar, January 27, 2014
"ESI Protocol 101: A Tale of Two Perceptions," International Legal Technology Association Webinar, January 23, 2014
Publications
"It Finally Hit Home": How Kim Scott and the ACLU came to represent 1,400 Iraqis deported by ICE, 2022 Michigan Super Lawyers magazine
"Deportation of 1,000+ Iraqi Nationals Halted by Mich. Judge," (Referenced In), Law360, July 24, 2017
2017 Annual Review of Antitrust Law Developments (Contributing Author), ABA Section of Antitrust (to be published in 2018)
Antitrust Law Developments (8th Ed. 2017) (Contributing Author), ABA Section of Antitrust Law
2015 Annual Review of Antitrust Law Developments (Contributing Author), ABA Section of Antitrust (2016)
2014 Annual Review of Antitrust Law Developments (Contributing Author), ABA Section of Antitrust Law (2015)
"Uniform Pricing Policies: Level Playing Field or Antitrust Activity?" (Co-Author), The Michigan Optometrist, November/December 2014
2013 Annual Review of Antitrust Law Developments (Contributing Author), ABA Section of Antitrust Law (2014)
Business Torts and Unfair Competition, 3rd Edition (Contributing Author), ABA Section of Antitrust Law (2013)
tidBITS (Contributing Author), ABA Section of Antitrust Law Intellectual Property Law Committee (2012-2013)Antitrust Law Developments (7th Ed. 2012) (Contributing Author), ABA Section of Antitrust Law
Antitrust Law Developments (7th Ed. 2012) (Contributing Author), ABA Section of Antitrust Law
"High Stakes Sleuthing: Handling Corporate and IP Espionage Matters in the Information Age" (Co-Author), Litigation Strategies for Intellectual Property Cases, 2012 ed., 137-69, Aspatore Books from Thomson Reuters Westlaw
"In e-Discovery, Look Before You Search," Michigan Lawyers Weekly, September 7, 2009
Indirect Purchaser Litigation Handbook (Contributing Author), ABA Section of Antitrust Law (2007)
