Scott Aston
Senior Counsel

I approach litigation from a business perspective, recognizing the financial and time costs of a trial. Except on rare occassions, litigation should not become the center of a client's universe. I find it helpful to perform a cost-benefit analysis with my cleints, to assess their likely recovery or loss and what it will cost to find out what happens at trial. 

With diverse clients ranging from real estate developers and manufacturers to healthcare providers and energy companies, Scott Aston focuses his practice on resolving challenging business disputes with significant dollar amounts at stake, both in the courtroom and through settlement negotiations. He has more than 30 years of experience handling litigation involving a variety of complex business issues, including deceptive trade practices, products liability, fraud, negligence, contract disputes, breach of fiduciary duty, unfair competition, theft of trade secrets, unfair employment practices, wrongful death and personal injury.

Scott has guided clients to numerous favorable settlements and judgments in litigation before courts across Texas, and in arbitration. Whether he’s representing an international developer in a commercial real estate dispute or prosecuting fraud and breach of fiduciary claims on behalf of oppressed shareholders, Scott knows that his clients have a lot of money on the line, and he refuses to compromise when their interests will be better served in the courtroom.

Representative Experience
  • Recovery at trial of a substantial judgment in favor of an owner of telecommunications towers against the company that managed those towers and its president.
  • Successful prosecution of a lawsuit brought in behalf of a shareholder and director of several affiliated, closely held corporations. Recovery was sought based on theories including fraud, breach of fiduciary duty and malicious suppression of dividends. During the second week of trial, the defendants agreed to a substantial settlement.
  • Favorable settlement during trial of a will contest in which Aston represented the proponent of a multi-million dollar will handwritten on the back of an envelope.
  • Successful defense of a marine contractor accused of causing widespread environmental damage during placement of an offshore drilling rig.
  • Successful defense through trial and appeal of an oil company accused of overcharging retailers and other deceptive trade practices.
  • Successful representation of lenders in fraud, RICO, lender liability and debt collection litigation.
  • Successful representation of limited partners in roughly twenty real estate partnerships in litigation against the general partner of the partnerships. After obtaining appointment of a receiver, a settlement was negotiated in which the general partner agreed to its removal and paid substantial damages to Aston's clients.
  • Successful defense through trial of a partner accused of breach of fiduciary duty.
  • Successful defense through trial of a business and its owner accused of libel, slander, business disparagement and tortious interference with contract.
  • Recovery through arbitration of damages to a former partner in a surgery center.
  • Representation of clients in construction litigation, including lawsuits involving subsidence of multi-story office buildings and allegedly improper construction of a waste water treatment plant.
  • Successful representation through trial and appeal to the Texas Supreme Court of clients accused of fraud in connection with the purchase and sale of a large apartment complex. In addition to defeating the claims brought against his clients, Aston obtained specific performance and a large damage award for his clients.
  • Successful defense through trial of a national real estate firm accused of fraud in connection with the sale of two large office buildings. While Aston's client was found not liable, a large fraud judgment was rendered against its co-defendant.
  • Favorable settlement during trial of a lawsuit in which Aston's client sought specific performance under a promissory estoppel theory of an otherwise unenforceable oral option to purchase real estate. The defendant agreed to enforcement of the option during jury deliberations.
  • Numerous arbitrations of healthcare related disputes.
  • Successful representation of parties in litigation involving alleged violations of covenants not to compete and misappropriation of trade secrets.
  • Successful representation of a national grocery chain in a lawsuit brought by the grocer for fraud and conversion. A settlement more than compensating the grocer for its losses was negotiated after the commencement of trial.
  • Successful prosecution of a lawsuit brought in Nevada in behalf of an officer and shareholder of a closely held pharmaceutical benefit management company. The lawsuit involved allegations of fraud, breach of fiduciary duty and shareholder freeze out. A settlement was achieved which left Aston’s client with 100 percent ownership of the business.
  • Successful representation of an agricultural lender in obtaining a large judgment for fraud against a borrower.
  • Successful representation of the same agricultural lender in a trial contesting the discharge in bankruptcy of the borrower’s wife. After trial, the Bankruptcy Court denied the borrower’s wife a discharge in bankruptcy.
  • Successful representation of a lender in a lawsuit in the United States District Court for the Eastern District of Oklahoma against a local bank for conspiracy and fraud in concealing a lending relationship between that bank and a borrower from Aston’s clients.  The case was settled on favorable terms.
Honors
  • Named a "Super Lawyer" by Texas Super Lawyers (a Thomson Reuters business) as published in Texas Monthly and Law & Politics magazine (2006 - 2018)
  • “AV Preeminent® rated (the highest possible Martindale-Hubbell Peer Review Rating designation)
Organizational Involvement
  • State Bar of Texas
  • Dallas Bar Association
Education
  • J.D., The University of Texas School of Law (1983)
  • B.B.A., The University of Texas (1981)
Bar Admission
  • Texas
Court Admissions
  • United States Court of Appeals, Fifth Circuit
  • United States District Court, Northern District of Texas
  • United States District Court, Southern District of Texas
  • United States District Court, Eastern District of Texas
  • United States District Court, Western District of Texas