Scott W. Perkins

Scott Perkins is a litigator who draws on his significant experience providing counsel to business executives, elected officials and state agencies to advise companies on complex corporate and commercial litigation. He also provides advice to companies, especially in the health care industry, on challenges maneuvering through the state and federal regulatory landscape. His perspective on how these challenges and other types of business disputes escalate into litigation is informed by his previous work for Delaware Governor Jack Markell and the Delaware Department of Justice. In addition, Scott spent several years in private practice helping clients with corporate and alternative entity disputes in the Court of Chancery in Delaware.

Before joining Saul Ewing, Scott served as Deputy Legal Counsel to the Office of Governor Jack Markell, a role that included advising the governor and cabinet on issues ranging from contracts and litigation to state and federal constitutional issues. He also served as counsel to the state’s Medicaid Program and its Health Information Exchange during his tenure as a deputy attorney general. That work, coupled with his membership on the Delaware Health Resources Board, provided him with considerable experience in the formation, operation, expansion and relocation of health care facilities. In addition, Scott counseled agencies involved in the administration of the Affordable Care Act on issues related to value-based billing models and innovative models of accountable care organizations; an experience that contributes to his ability to help clients understand anticipated revisions to the Affordable Care Act and to local regulations. He also defended the state, its officers and its employees in litigation in both state and federal courts. Scott also previously worked at a prominent Delaware law firm, advising a wide range of clients on corporate and commercial litigation matters, primarily in the Delaware Court of Chancery.

Health Care Regulatory and Government Litigation Experience

Scott has worked as a Deputy Attorney General in the Delaware Department of Justice’s Health Law and Defensive Litigation Units, and as Deputy Legal Counsel to the Office of Governor Jack Markell. Selected representations include:

  • Advising Delaware’s Medicaid Program on litigation and regulatory matters, including negotiations with payers and providers and disputes with CMS;
  • Advising Delaware’s Health Information Exchange on legal, regulatory compliance and contractual matters;
  • Successfully representing the Delaware Department of Education in expedited litigation challenging the Department’s decision to close a charter school;
  • Successfully representing the Delaware Department of Elections in litigation challenging the conduct of a school referendum; and
  • Representing state employees in bench and jury trials in the United States District Court for the District of Delaware.

Corporate and Commercial Litigation

Before entering government service, Scott obtained significant experience in corporate and commercial litigation matters, representing a variety of clients – from individual executives to Fortune 100 companies. Selected representations include:

  • Assisting with the representation of a special litigation committee, conducting an investigation, prosecuting an action on the corporation’s behalf, and successfully defending the ultimate settlement of that action;
  • Providing advice to corporate clients facing books and records demands, litigation demands and actions to compel an annual meeting;
  • Advising alternative entities on issues related to the interpretation of operating agreements and governing Delaware law; and
  • Advising board members, officers and employees on fiduciary and general commercial litigation matters.

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