They’ve Got Next: The 40 Under 40 - Scott Lerner of White & Case

Please describe two of your most substantial, recent wins in practice.

In November 2023, I obtained a path-breaking reversal from the US Court of Appeals for the Ninth Circuit on behalf of defense contractor SOC LLC in a published decision that interpreted the Federal Officer Removal statute, and which clarified the circumstances under which a government contractor working under the direction and control of the federal government can avail itself of a federal forum. The decision was significant because it overturned a lower court’s ruling that would have severely limited access to a federal forum for those who work in federal enclaves.

In 2022, I was part of the team that represented Morningstar, Inc. in connection with a first-of-its-kind ESG internal investigation to evaluate whether the company’s subsidiary, Sustainalytics—which provides ESG ratings for publicly traded companies—developed a ratings methodology that was biased against companies operating in Israel.

What is the most important lesson you learned as a first-year attorney and how does it inform your practice today?

Keep an open mind. Looking back, I thought I had it all figured out. I went to Quinn Emanuel specifically to do international arbitration work. But when I arrived, I was staffed on a white-collar matter with a completely different team, doing work that I did not expect to be doing. Rather than begrudge the unexpected assignment, I kept an open mind and learned a new area of the law that ultimately shaped the next several years of my practice.

That work, and those team members, showed me that there was more than one way for me to incorporate my interests in international affairs into my everyday practice. And ever since, I have maintained an active transnational litigation practice—one that includes international arbitration-related matters, but also includes US litigation for international clients and US litigation arising from international events.

How do you define success in your practice?

Success comes in a variety of different shapes and forms. As a trial lawyer, we always hope to get the big trial win. But with trials increasingly rare, finding alternative paths to victory is essential to meeting client demands and expectations.

So, whether it is having incriminating evidence suppressed in the high-profile criminal prosecution, or having a class decertified in a class action against a defense contractor, or having a motion to amend a complaint denied in a matter for a luxury spa and hospitality company, it is critical that we, as disputes specialists, identify creative solutions to our client’s legal problems—even if that solution is something short of a trial victory. A win is a win.

What are you most proud of as a lawyer?

I have been fortunate enough to represent a wide variety of clients in a range of civil and criminal matters that are, in many ways, existential—or at least feel existential to the client. Delivering a victory to any client—large or small, corporate or individual—facing a serious legal dispute is deeply gratifying.

Any time I am able to deliver a victory for a client, that is my proudest moment du jour. But I always try to deliver wins for the client and I cannot let one win outshine another. They are all equally important give me tremendous pride and motivation to continue to deliver excellent results to my next client.

Who is your greatest mentor in the law and what have they taught you?

Tara Lee—the 2017 Benchmark Litigation U.S. Trial Lawyer of the Year and current partner at White & Case—is my greatest mentor.

I often hear people describe themselves or others as a “jack of all trades, master of none.” Tara is a “jack of all trades, master of all.” From her courtroom prowess to her sheer brilliance, to her strategic thinking, and, of course, her business development instincts, Tara has taught me that you don’t have to be—and shouldn’t be—just great at one thing in private practice. She is an incredible leader who leverages her military background to inspire and motivate the next generation of lawyers to do exceptional work with the highest integrity.

Tell us your two favorite songs on your summer music playlist.

Chris Stapleton & Dua Lipa – “Think I’m in Love with You,” and Shaboozey – “A Bar Song.” ‘A Bar Song’—in particular—speaks to me right now as I’m prepping for and about to start a three-week trial in Macon, Georgia in July.

Scott Lerner of White & Case with his wife, Taylor, and children in Aspen, Colorado, summer 2023.

Credit: Scott Lerner and Jonathan Hurtarte/Bloomberg Law