Scott L. Cagan
Member

Phone: (954) 522-3636
E-mail: slc@katzbarron.com
Fax: (954) 522-5119

Scott L. Cagan is an AV-rated attorney who joined Katz Barron as a Member in April 2004. He is a commercial litigator with extensive experience in trade secret protection, unfair competition law, employment disputes (including non-competition, discrimination, and whistleblower disputes), lender liability actions, shareholder derivative disputes, Uniform Commercial Code disputes, and commercial real estate disputes. He practices in both federal and state courts across the country, and has represented clients before the United States Courts of Appeal for the Second Circuit, Eighth Circuit, and Eleventh Circuit.

Scott was recognized in the 2007 publication "Florida Super Lawyers" as one of the top 5% of practicing attorneys in the state, for his accomplishments in the labor and employment fields. He was also listed in the 2007 publication Florida Trend's "Legal Elite," awarded to the top 2% of practicing attorney's in the state, for his achievements in the commercial litigation field.

Scott served as Judicial Clerk to the late Hon. Lenore C. Nesbitt, U.S. District Judge for the Southern District of Florida, from 1988 to 1990. Prior to joining Katz Barron, he was a Partner in two Miami law firms. Before that, Scott practiced in New York City with the international law firm of Rogers & Wells (now known as Clifford Chance Rogers & Wells).

Scott has published numerous articles on a variety of topics, including federal court practice. Many of his articles have been cited in published decisions by United States District Courts and United States Courts of Appeal. He is the consulting author and lead editor of a two-volume publication entitled Judgments in Federal Court by West Publishing, which provides guidance to practitioners on a variety of substantive and procedural issues encountered in federal court.

Areas Of Practice:
Labor & Employment
Trade Secret Protection
Unfair Competition
Non-Competition Agreements
Lender Liability
Complex Commercial Litigation
Shareholder Derivative Disputes
Uniform Commercial Code matters

Representative Experience:
  • Successfully represented clients at injunction hearings involving the enforceability of non-competition, non-solicitation, and confidentiality agreements. Obtained injunctions on behalf of employers and dissolution of injunctions on behalf of employees.
  • Successfully represented employers in whistleblower, Fair Labor Standards Act, and employment discrimination suits.
  • Represents lenders in mortgage fraud cases.
  • Counsel for one of the country's leading eye care and surgical facilities.
  • Represents sellers and buyers in commercial real estate disputes.
  • Lead counsel for a Florida bank in a federal court action by depositors alleging federal RICO violations and other claims. Successfully obtained a dismissal at the outset of the case.
  • Lead counsel for large groups of condominium owners in actions brought against the buildings' developers for misrepresenting the zoning of the properties. Obtained favorable settlements for the unit owners.
  • Lead counsel for a national manufacturer of commercial recycling systems, a Florida general contractor, and several local businesses.
  • Successfully represented physicians and physician practice groups in restrictive covenant disputes.
  • Successfully represented developers in Naples, Florida in actions filed by a Receiver for a lender.
  • Obtained a permanent injunction in a trade secret action on behalf of a national restaurant enjoining competitor from engaging in unfair competition.
  • Successfully represented directors of a condominium association board in an action filed by a developer alleging tortious interference with the development of an adjacent parcel.
  • Regularly counsels clients on a variety of employment-related issues and contract-related matters, including the drafting of non-competition agreements, severance agreements, and various other contracts used in commercial transactions.
Bar Admissions:
New Jersey and U.S. District Court, District of New Jersey, 1988
New York 1989
Florida and U.S. District Court, Southern District of Florida; U.S. Court of Appeals, Eleventh Circuit, 1989; U.S. District Court, Middle District of Florida, 2003
U.S. District Court, Southern and Eastern Districts of New York, 1990
U.S. Court of Appeals, Eighth Circuit, 1999

Education:
New York Law School, New York, New York, J.D. (magna cum laude), 1988
Lehigh University, Bethlehem, Pennsylvania, B.S., 1985; (Editor-in-Chief of its student newspaper)

Professional Associations and Memberships:
Florida Bar (Business Law Section and Labor and Employment Law Section)
Broward County Bar Association

Published Works:

Resolving the Conflict Under the Bank Holding Company Act: "Force" and "Coercion" Lend No Support to the Statute; The Banking Law Journal, Vol. 116, No. 10, December 1999

Lead Editor and Consulting Author: Judgments in Federal Court, West Publishing, 1997 (two volumes)

Rule 34(b): Who's Organizing this Production? Litigation Magazine, Vol. 20, No. 2, Winter 1994

A Partial Motion to Dismiss Under Federal Rule of Civil Procedure 12: You Had Better Answer, Federal Bar News & Journal, March/April 1992; republished in Florida Bar Journal, May 1992

Rule 58 of the Federal Rules of Civil Procedure: An Appealing Alternative, 21 Stetson Law Review 311, Spring 1992; republished in Federal Bar News and Journal, June 1992

The Resurrection of Appeals Under Rule 58: All May Not Be Lost, Trial, June 1992

Five Ways to Win on Appeal in The Eleventh Circuit, The Academy of Florida Trial Lawyers, July 1990

Twelve Motion Practice Blunders in U.S. District Court, New York State Bar Journal, April 1990

Note, Charitable Fraud in New York: The Role of Professional Fund Raiser, 33 N.Y.L. Sch. L. Rev. 409, 1988

Co-Author, Securities Arbitration: Practice and Forms, (Chapter 2, Jurisdiction) Matthew Bender & Company, Inc., 1991

Co-Author, New York Form of Jury Instructions, Chapter 8 (Rescission) and Chapter 4 (Parties), Matthew Bender & Company, Inc., 1992

Birth Information:
June 5, 1963, Hempstead, New York