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Scott W. Henry

Shareholder | shenry@smsm.com
Shareholder | Chicago, IL
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Scott Henry is a senior shareholder in Segal McCambridge’s Chicago office focusing his practice on litigating products and premises liability matters throughout the country. Mr. Henry is adept at attacking business problems and collaborating on a game plan with companies large and small.

Mr. Henry’s experience includes managing toxic tort, environmental and multi-district class action cases as national coordinating counsel. He works with clients ranging from small businesses to Fortune 500 companies, resolving complex issues, working out difficulties with municipal laws and ordinances, and proactively consulting on how to avoid litigation. He also advises companies on media and crisis management.

In his role as national and local counsel for several large companies in toxic tort litigation, Mr. Henry has tried cases in more than half a dozen jurisdictions. Mr. Henry is responsible for developing and implementing global defense strategies, drafting and implementing case protocols and preparing national training seminars for several Fortune 500 companies. He has coordinated and supervised teams of associate and paralegals in document reviews involving more than 1 million documents over several weeks.

Mr. Henry also understands that small business clients need a different kind of support. He counsels these businesses to understand liability and to prepare for different types of sustainable risk, including the constantly evolving breaches associated with cyber risk.  Mr. Henry is able to represent the client on the matter at hand and, at the same time, analyze the parts of the business that may be falling short and may be vulnerable to risk.  Recently, Mr. Henry worked with a retail store that was fined $25,000 by the Wisconsin Department of Weights and Measures to obtain a mutually agreeable solution that would have a lesser impact on the business. He comes up with solutions for clients that can help avoid litigation, such as negotiating more than 250 settlements nationwide with more than 30 different plaintiff firms in personal injury cases ranging from $500 to more than $1 million. He has briefed and argued successful summary judgment motions, motions to dismiss and motions to transfer in both federal and state courts.

In addition to his experience representing businesses, Mr. Henry is also active in the pro bono field. In 2008, he won a complicated political asylum case for a refugee from the Congo.  He also serves on the Chicago Bar Association’s Judicial Executive Committee.

Mr. Henry was named to the Chicago Daily Law Bulletin’s “40 Illinois Attorneys Under 40 to Watch” list in 2013, and has been named to the Illinois Super Lawyers Rising Star list each year since 2013. He lives in Chicago with his wife Christine, daughters Greta and Catherine and son James. Outside of work, he enjoys training for races.

Honors

  • Selected for inclusion in the Illinois Super Lawyers Rising Stars list (no more than 2.5% of lawyers in the state under the age of 40 are selected), nominated and selected by peers in the legal community (2013-2015)

Professional & Civic Involvement

  • Committee Lead Co-Chair, Environmental & Toxic Tort  Committee, Claim and Litigation Management Alliance
  • Executive Committee of CBA Judicial Evaluation Committee, Past Hearing Chair
  • Membership Task Force, Claims and Litigation Management Alliance
  • Fellow, American Bar Foundation
  • Past Member, Public Interest Law Initiative (PILI) Board of Directors
  • Past Member, CBA Board of Managers
  • Past Member, Chicago Bar Foundation Board
  • Past Chair of the Young Lawyers Section of CBA (former Co-Editor-In-Chief of YLS Journal)
  • Past Member, CBA Judicial Evaluation Committee Hearings Board
  • Past Vice President of Chicago Legal Clinic's Auxiliary Board
  • Pro Bono Attorney, National Immigrant Justice Center
  • Past Member, Junior Board of the Mercy Home for Boys and Girls

representative matters

  • Represented insurance carrier in coverage dispute with insured for environmental clean-up costs related to PCB dumping and contamination of the Upper and Lower Fox Rivers.  Total clean-up costs were projected to exceed $500 million and amount of coverage in dispute exceeds $20 million.
  • Represented major shipping client in lease dispute with property owner and manager over damages exceeding $1million. Conducted on-site investigations, which, when combined with analysis of applicable lease provisions, assisted in negotiation of settlement for less 20% of initial demand.
  • Represented nationwide office supply chain in permit and licensing hearings with City of Chicago and negotiated permit exemption that resulted in savings of more than $500,000 to client.
  • Represented national fertilizer supplier in hearing and negotiations with Ohio Public Utilities Commission.
  •   Designed and implemented business code compliance program for national retail chain in Chicago to reduce fines while improving efficiency and store’s profitability.
  • Participated in Rule 26 conferences nationwide and played significant role in negotiating timing and scope of written and electronic discovery and overall litigation plan and strategy.
  • Responsible for developing consulting and testifying expert teams with specialties ranging from epidemiology to forensic accounting.
  • Obtained ruling barring admission of demonstrative video evidence purporting to show asbestos fibers being released into the air by gasket removal.
  • Won political asylum case for Congo refugee.  Click here for news item.
  •  Litigated several Cook County, IL asbestos trials on behalf of equipment and product manufacturers.
  • Litigated an asbestos trial in Des Moines, IA.
  • Litigated an asbestos trial in Brown County, WI.
  • Litigated three asbestos trials in Marion County, IN.
  • Successfully argued numerous summary judgment motions throughout Illinois and Wisconsin.

Speaking Engagements

Navigators Environmental Underwriting Team, Webinar/Lunch & Learn. "The Need for Contractors Pollution Coverage-Claims Scenarios." Co-presenter with Segal McCambridge Shareholder, Dwight Kern (October 28, 2015).

Berkley Specialty CLE on Environmental Litigation (December 2-3, 2014)

The Chicago Bar Association, "Itinerary & Optional Tours for Paris France," Conference Co-Chair and Mock Trial Participant, Paris, France (March 31 - April 4, 2014).

American Conference Institute, "Bankruptcy Filings, Confirmations & Estimations and the Transparency Between Bankruptcy Trusts and Tort Litigation," Chicago, IL (June 26, 2013).

Claims and Litigation Management Alliance webinar, "Asbestos Litigation: A Method for Game Planning" (June 19, 2013).

Perrin Conferences' Asbestos Litigation & Trends Update, "Avoiding Bad Faith in Asbestos Litigation" (June 14, 2012).

Co-Author

"New Report on Risks of Bisphenol A (BPA) Spurs Lawsuit," Segal McCambridge Singer & Mahoney's Toxic Tort Newsletter, Volume 7, Issue 2 (Spring 2008).

"Asbestos Trust: Time for a Decision," Harris Martin's COLUMNS-Asbestos, Volume 5, Number 9 (July 2005).

Education

Vanderbilt University, B.A. (English), 1997

Case Western Reserve University School of Law, J.D., 2000

Admissions

  • Illinois, 2000
  • Wisconsin, 2001
  • U.S. District Court, Northern District of Illinois
  • U.S. District Court, Eastern District of Wisconsin
  • U.S. District Court, Western District of Wisconsin