Scott A. Mays, Senior Associate
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Named a 2011 and 2012 “Rising Star” by Massachusetts Super Lawyers as one of the top attorneys in the Commonwealth, Mr. Mays centers his practice on protecting shareholder rights. He received his law degree from Northeastern University School of Law (Merit Scholar; Teacher’s Assistant) and his B.A. from Boston University.
Mr. Mays, who is one of the firm’s founding attorneys, has represented shareholders in a variety of securities fraud matters as well as derivative and transactional cases. In Rescue Mission of El Paso v. Nicola, et al., 12-cv-509 (D. N.J.), he currently represents both institutional and individual investors in an action against K-Sea Transportation Partners, L.P. and various affiliated entities and individuals for securities fraud involving statements about the performance of a shipping company. Mr. Mays also represents investors in Hohenstein v. Behringer Harvard REIT I, Inc., et al., 12-cv-03772 (N.D. Tex.) in an action against a real estate investment trust and its board of directors for breaching their fiduciary duties and for violations of the federal securities laws.
In In re IndyMac Securities Litigation, 09-Civ.-04583 (S.D.N.Y.), he represented both the Wyoming State Treasurer’s Office and the Wyoming Retirement System in an action against IndyMac Bank and various underwriters of several mortgage-backed securities totaling tens of billions of dollars. In addition, Mr. Mays represented the Louisiana Municipal Police Employees’ Retirement System (LMPERS) in the In re Intel Corp. Derivative Litigation, 09-cv-00867 (D. Del.), where he helped obtain over 40 separate corporate governance reforms.
Mr. Mays has also been very active litigating cases involving mergers and acquisitions of publicly traded companies. For instance, he represented LMPERS in Louisiana Municipal Police Employees’ Retirement System v. Airgas, Inc., C.A. No. 5264 (Del. Ch.), arguing that the company’s directors failed to fulfill their fiduciary obligations regarding a potential takeover offer. Likewise, Mr. Mays worked on behalf of LMPERS in the OSI Pharmaceutical litigation captioned Louisiana Municipal Police Employees’ Retirement System v. Ingram, et al., C.A. No. 5318 (Del. Ch.). His efforts led to a higher per share recovery for OSI Pharmaceuticals, Inc. shareholders.
Mr. Mays is also currently prosecuting several employment matters involving independent contractor misclassification. Mr. Mays represents workers in litigation against Lowe’s Home Centers, Inc. in Massachusetts, New York, California, Florida, and Illinois. Moreover, Mr. Mays is also prosecuting similar cases against Pella Windows in Illinois, and Home Depot in Massachusetts and Illinois. These employment cases involve violations of state statutes designed to protect workers from being improperly classified as independent contractors and thus denied employment benefits, overtime pay, proper wages, and tax payments.
In addition to securities litigation and employment litigation, Mr. Mays has represented clients in commercial litigation, intellectual property litigation, and regulatory matters. He began his career practicing civil litigation at Skadden, Arps, Slate, Meagher & Flom, LLP, and then Mintz, Levin, Cohn, Ferris, Glovsky, and Popeo, P.C., two of the largest and most preeminent defense firms in the nation. Immediately prior to joining Block & Leviton LLP, he litigated securities class action cases on behalf of shareholders at a prominent Boston-based securities firm.
Before practicing law, Mr. Mays served as a judicial intern for Magistrate Judith G. Dein of the United States District Court for the District of Massachusetts. In addition, he held an internship with the Massachusetts Department of Public Health.
Mr. Mays is also very active in the community. As an avid athlete, he raised significant funds for Playworks Boston while running in the 2011 Boston Marathon and is currently training for his fourth marathon. He is also a volunteer coach for the S.C.O.R.E. Boston youth hockey program. Mr. Mays is active in the Massachusetts legal community as well, formerly serving as a board member of the Massachusetts Black Lawyers Association, and former co-chair of the Boston Bar Association’s Litigation Section Pro Bono Committee.
Mr. Mays is admitted to practice in the Commonwealth of Massachusetts, the U.S. District Court for the District of Massachusetts, and the U.S. Court of Appeals for the Third Circuit.