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K. Scott Wagner

Milwaukee

Since graduating from Marquette University Law School cum laude in 1989, Scott has been actively involved in handling complex commercial litigation. Scott has appeared in State and Federal Courts across Wisconsin (and other states) and has argued cases in the Wisconsin Court of Appeals, the Wisconsin Supreme Court, and the Seventh Circuit Court of Appeals.

Over the course of his career, Scott has handled a wide variety of commercial litigation matters including, but not limited to, anti-trust, contractual disputes, covenants not to compete, securities fraud and shareholder disputes involving both public and private entities.  Scott has represented a wide range of clients including individuals, small businesses and large corporations. Scott frequently represents clients in “business divorces” when partners or shareholders are looking to end their relationship through a buy-out or similar type of transaction.

Scott also has considerable experience representing shareholders in derivative actions and has served as court-appointed counsel in numerous class actions with a particular focus on matters involving anti-trust, securities fraud and fiduciary breaches by majority shareholders. In his class action work, Scott has partnered with some of the most prestigious class action firms in the country to champion plaintiffs’ rights. Scott has also served as a guest lecturer on class actions from the plaintiffs’ perspective.

While a tenacious litigator, Scott understands that some of the best advice that an attorney can give involves litigation avoidance. Scott actively works to keep his clients out of the courts whenever possible recognizing that the cost of commercial litigation can often outweigh the benefit that a client can reasonably expect to recover. If litigation cannot be avoided, Scott is an aggressive advocate carefully balancing the costs to the client against likely outcomes and involving the client in strategic decisions throughout the litigation process. Recognizing the importance of candor in his role as a fiduciary, Scott is always honest, and sometimes brutally so, with his clients and his efforts to manage expectations. Similarly, opposing counsel recognize Scott’s honest approach to the practice of law and while he will fight the battles that need to be fought, he will not waste time or the resources of clients or courts fighting just to generate fees or create unnecessary deforestation.

Admitted To Practice

  • • State of Wisconsin

  • • U.S. Court of Appeals, 7th Circuit

  • • U.S. District Court, Eastern District of Wisconsin

  • • U.S. District Court, Western District of Wisconsin

Areas of Practice

Professional Activities / Community Involvement

  • • AV® Preeminent™ 5.0 out of 5.0 Peer Review Rating, Martindale-Hubbell

  • • AVVO Rating: 10.0 out of 10.0

  • • Selected for inclusion in The Best Lawyers in America®, 2011-Present

  • • Selected for inclusion in Wisconsin’s Super Lawyers, 2008, 2011-Present

  • • Member, State Bar of Wisconsin

Education

  • • B.S., Marquette University, 1986

  • • J.D., Marquette University, cum laude, 1989