Scott Carlton

iLearningEngines former directors in securing a complete dismissal with prejudice of a securities class action alleging violations of Sections 11 and 15 of the Securities Act of 1933, including a significant ruling that plaintiffs cannot establish standing based on a “high probability” of share traceability or rely on discovery to cure deficient pleadings.
Kyverna Therapeutics, a clinical-stage biopharmaceutical company, in successfully obtaining a motion to dismiss a putative class action complaint alleging causes of action for violations of Sections 11, 12 and 15 of the Securities Act of 1933.
Former CEO of consumer technology company in insider trading case brought by the U.S. Securities and Exchange Commission resulting in a complete judgment in favor of the defendant after a jury trial, which was recognized by The Daily Journal for obtaining one of California''s top defense verdicts of 2014.
Southern California biotechnology company and its directors and officers in a shareholder derivative action concerning the company''s disclosure and compensation practices.
Real estate developer in connection with fraud and related tort claims brought in both individual actions and a class action on behalf of unit purchasers in a California high-rise development complex.
Engineering company in a shareholder derivative action alleging the board approved excessive executive compensation, which was dismissed in the trial court and affirmed by the California Court of Appeal.
Foreign consumer electronics retailer against banking entities alleging fraud claims U.S. federal court, which were all successfully dismissed with prejudice at the pleading stage.
Wall Street bank in connection with several class and individual securities actions arising out of the dislocation of the auction rate securities market.
Former CEO of realty company in federal securities class action jury trial resulting in judgment requiring the defendant to pay the plaintiff class nothing, which was recognized by The Daily Journal for obtaining one of California''s top defense verdicts of 2011.
Former executive of major Las Vegas gaming company in securities class action filed in the District of Nevada where we successfully obtained summary judgment which was subsequently affirmed by the Ninth Circuit.
Emerging technology company in a contract and fraud dispute brought by founder attempting to rescind intellectual property rights assigned during the founding of the company.
Jose Padilla in a victory before the U.S. Supreme Court resulting in securing newly recognized constitutional rights under the Sixth Amendment.
Major beverage company in an appeal before the Ninth Circuit resulting in a favorable decision holding that permit holders are not within the scope of "owners" for purposes of CERCLA liability.

Certified Information Privacy Professional/United States (CIPP/US), International Association of Privacy Professionals (IAPP) (2021)
Southern California Rising Star
Super Lawyers Magazine (2015-17)
Public Counsel Pro Bono Award (2019)
Recognized for obtaining one of California''s top defense verdicts of 2014 in connection with the insider trading case against sTec, Inc.''s former Chairman and CEO
The Daily Journal
Recognized for obtaining one of California''s top defense verdicts of 2011 in connection with the federal securities class action against Homestore.com Inc.''s former Chairman and CEO
The Daily Journal
Jack Wasserman Memorial Award, American Immigration Lawyers Association (2011)

"Getting SPACs right: How to build investor trust while mitigating litigation risk", Paul Hastings Insights
April 2021
"Ruling Addresses "Corrective Disclosures" in Securities Suits", Daily Journal
OCTOBER 20, 2020
"The Ninth Circuit Fastens Some Guardrails to SLUSA’s ''In Connection'' Requirement", Law360
July 2019
"Ninth Circuit Lowers the Bar on Tender Offer Claims", Law360
May 2018
"Searching for Fraud on the Market", Daily Journal
March 2018
"The U.S. Supreme Court Decides American Pipe Tolling Does Not Apply to Statutes of Repose", Paul Hastings Insights
June 2017
"The Supreme Court Hears Oral Argument on Whether American Pipe Tolling Applies to Statutes of Repose", Paul Hastings Insights
May 2017
"Ninth Circuit Affirms: SLUSA Does Not Provide Independent Basis for Federal Question Jurisdiction", Lexology
January 2017
"Ninth Circuit Muddies Loss Causation," Law360
February 2016
"Ninth Circuit Clarifies Application of ‘Adverse Interest Exception’ in Securities Class Actions", Paul Hastings Insights
November 2015
"California Derivative Plaintiffs Can''t Dodge Delaware Law," Law360
November 2014
"California Court of Appeal Affirms: Early Discovery Will Not Be Permitted to Aid Derivative Plaintiff in Stating a Claim", Paul Hastings Insights
November 2014
"The SEC Guidance on Cybersecurity Measures for Public Companies", Los Angeles Lawyer
September 2014
"The “Fraud-on-the-Market” Presumption of Reliance Revisited: Supreme Court Hears Oral Argument in Amgen Inc. v. Connecticut Retirement Plans and Trust Funds", Paul Hastings Insights
November 2013
"The “Fraud-on-the-Market” Presumption of Reliance Revisited: Supreme Court Hears Oral Argument in Amgen Inc. v. Connecticut Retirement Plans and Trust Funds", Paul Hastings Insights
November 2013
"Searching for an Efficient Market with CrossListed Securities: Denial of Class Certification in Deutsche Bank Illustrates Increased Scrutiny of the Fraud on the Market Doctrine", Paul Hastings Insights
October 2013
"2nd Circuit Declines to Extend American Pipe Tolling to Section 13 Statute of Repose", Westlaw Journal
October 2013
"The ''Fraud-on-the-Market'' Presumption of Reliance Revisited: Supreme Court Declines to Require Proof of Materiality at Class Certification Stage", Paul Hastings Insights
May 2013
"Ninth Circuit Strengthens Pleading Standard in Section 11 Claims: In re Century Aluminum Co. Securities Litigation", Paul Hastings Insights
January 2013
"U.S. Supreme Court Rejects a Broad Tolling Approach to the Statue of Limitations for Section 16(b) Claims", Paul Hastings Insights
March 2012
"Second Circuit Provides Guidance on the Nature of Disclosures That Will Avoid Liability for Market Manipulation", Financial Fraud Law Report
December 2011
"In Narrowly Tailored Opinion, Supreme Court Finds ''Loss Causation'' Not Required at Class Certification Stage", Paul Hastings Insights
June 2011
"Supreme Court Rejects Bright Line Test of “Statistical Significance” for Materiality in Securities Claims", Paul Hastings Insights
March 2011
"Supreme Relief", Daily Journal
February 2008

Former clerk
The Honorable Judge Ferdinand F. Fernandez of the Ninth Circuit Court of Appeals in Pasadena, California
Subcommittee Chair
Class Actions & Derivative Suits Committee, ABA Section of Litigation
Member
Los Angeles Alumni Board of University of San Diego School of Law
Member
State Bar of California, and is admitted to practice before the United States Supreme Court, the Second Circuit Court of Appeals, the Ninth Circuit Court of Appeals, the Southern District of New York, the Central District of California, the Southern District of California, and the District Court of Colorado

"Paul Hastings partners: Key takeaways for public companies facing short-seller reports", Fortune
October 2025
"Director Liability Exposure", Breakout Session for NACD, Host
November 2020

"Ninth Circuit: CAFA Does Not Override the Magnuson-Moss Warranty Act’s Requirement to Name 100 Plaintiffs", American Bar Association
August 2020
"Derivative Suits 101: Tips for Successful Settlements", American Bar Association
January 2020
"Class Actions 101: Six Tips for Approaching Class Action Settlements", American Bar Association
October 2019
"ESG - From Talk to Walk, Keynote Address, #MeToo Movement and the Shareholder Derivative Action", hosted by RBC Global Asset Management & Bloomberg
October 2019
"The D.C. Circuit Affirms Denial of Class Certification Because Antitrust Plaintiffs Failed to Offer Proof of Classwide Injury", American Bar Association
September 2019
"Contractual Ambiguity Does Not Provide a Sufficient Basis to Compel Class Arbitration under the Federal Arbitration Act", American Bar Association
May 2019
"Post-Bristol Myers: Personal Jurisdiction in Nationwide Class Actions Over Non-Resident Class Members Remains in Flux", American Bar Association
April 2019
"The #MeToo Movement and the Shareholder Derivative Action", American Bar Association
April 2019

Complex Litigation

International Arbitration

Investigations & White Collar Defense

Securities Litigation

Shareholder Activism & Takeover Defense

Supreme Court & Appellate Litigation

Aerospace, Defense & Security

ESM – Litigation

Scott CarltonScottCarlton

EDUCATION

REPRESENTATIONS

RECOGNITIONS

Super Lawyers Magazine (2015-17)

The Daily Journal

The Daily Journal

NEWS & THOUGHT LEADERSHIP

PUBLICATIONS

"Getting SPACs right: How to build investor trust while mitigating litigation risk", Paul Hastings Insights

"Ruling Addresses "Corrective Disclosures" in Securities Suits", Daily Journal

"The Ninth Circuit Fastens Some Guardrails to SLUSA’s ''In Connection'' Requirement", Law360

"Ninth Circuit Lowers the Bar on Tender Offer Claims", Law360

"Searching for Fraud on the Market", Daily Journal

"The U.S. Supreme Court Decides American Pipe Tolling Does Not Apply to Statutes of Repose", Paul Hastings Insights

"The Supreme Court Hears Oral Argument on Whether American Pipe Tolling Applies to Statutes of Repose", Paul Hastings Insights

"Ninth Circuit Affirms: SLUSA Does Not Provide Independent Basis for Federal Question Jurisdiction", Lexology

"Ninth Circuit Muddies Loss Causation," Law360

"Ninth Circuit Clarifies Application of ‘Adverse Interest Exception’ in Securities Class Actions", Paul Hastings Insights

"California Derivative Plaintiffs Can''t Dodge Delaware Law," Law360

"California Court of Appeal Affirms: Early Discovery Will Not Be Permitted to Aid Derivative Plaintiff in Stating a Claim", Paul Hastings Insights

"The SEC Guidance on Cybersecurity Measures for Public Companies", Los Angeles Lawyer

"The “Fraud-on-the-Market” Presumption of Reliance Revisited: Supreme Court Hears Oral Argument in Amgen Inc. v. Connecticut Retirement Plans and Trust Funds", Paul Hastings Insights

"The “Fraud-on-the-Market” Presumption of Reliance Revisited: Supreme Court Hears Oral Argument in Amgen Inc. v. Connecticut Retirement Plans and Trust Funds", Paul Hastings Insights

"Searching for an Efficient Market with CrossListed Securities: Denial of Class Certification in Deutsche Bank Illustrates Increased Scrutiny of the Fraud on the Market Doctrine", Paul Hastings Insights

"2nd Circuit Declines to Extend American Pipe Tolling to Section 13 Statute of Repose", Westlaw Journal

"The ''Fraud-on-the-Market'' Presumption of Reliance Revisited: Supreme Court Declines to Require Proof of Materiality at Class Certification Stage", Paul Hastings Insights

"Ninth Circuit Strengthens Pleading Standard in Section 11 Claims: In re Century Aluminum Co. Securities Litigation", Paul Hastings Insights

"U.S. Supreme Court Rejects a Broad Tolling Approach to the Statue of Limitations for Section 16(b) Claims", Paul Hastings Insights

"Second Circuit Provides Guidance on the Nature of Disclosures That Will Avoid Liability for Market Manipulation", Financial Fraud Law Report

"In Narrowly Tailored Opinion, Supreme Court Finds ''Loss Causation'' Not Required at Class Certification Stage", Paul Hastings Insights

"Supreme Court Rejects Bright Line Test of “Statistical Significance” for Materiality in Securities Claims", Paul Hastings Insights

"Supreme Relief", Daily Journal

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