Mr. Emerson is a founding partner of Emerson Scott, LLP. He was born in Little Rock, Arkansas, and was raised there and in Houston, Texas. He is a member of the state bars of Texas, Washington and Arkansas. Mr. Emerson obtained his Bachelor of Arts from the University of Texas at Austin and then earned his Juris Doctorate from South Texas College of Law Houston. Mr. Emerson has been rated “AV Preeminent” for the last 18 years by Martindale-Hubbell. This is the highest possible peer review rating in legal ability and ethical standards. Mr. Emerson was honored by being named one of the Top 100 Trial Lawyers in America by the National Trial Lawyers in 2013-2016.
In his antitrust practice, Mr. Emerson is currently a member of the Plaintiffs’ Counsel Steering Committee in the Aluminum Warehousing Antitrust Litigation representing first level purchasers in this MDL, 13 MDL2481 (KBF), which was pending in the Southern District of New York and is currently on appeal in the U.S. Court of Appeals for the 2nd Circuit. Mr. Emerson has represented plaintiffs in the Compact Disc Antitrust Litigation filed against the music industry in the United States, and plaintiffs in the High Pressure Laminates Antitrust Litigation in the direct purchaser case. Notably, Mr. Emerson also has been or is currently involved in the following antitrust cases: Lithium Ion Batteries Antitrust Litigation, CRT (Cathode Ray Tube) Antitrust Litigation, Flash Memory Antitrust Litigation, GPU (Graphics Processing Units) Antitrust Litigation, Ocean Shipping Antitrust Litigation, TFT-LCD (Flat Panel) Antitrust Litigation, Trans-Pacific Airline Surcharge Litigation, Domestic Airlines Antitrust Litigation, Liquid Aluminum Sulfate Antitrust Litigation, Bridgestone Anti-Vibration Rubber Parts Antitrust Litigation case, and the Saline Solution Antitrust Litigation case, among others.
In his privacy and data breach practice, Mr. Emerson is actively involved prosecuting cases for aggrieved consumers in the following pending MDL cases: In re: Anthem Healthcare Data Breach Litigation, MDL No. 2617 (N.D. Cal.); In re: Premera Healthcare Data Breach Litigation, (D. OR.) MDL No. 2633; In re: Medical Informatics Engineering Data Breach Litigation, MDL No. 2667 (N.D. Ind.); In re: Office of Personnel Management Data Breach Litigation (D.D.C.) MDL No. 2664; In re: Experian Data Breach Litigation (C.D.CA.) MDL No. 2676, and In re: Vizio, Inc., Consumer Privacy Litigation (C.D.CA.). He is also actively involved in prosecuting two Arizona data breach cases, In re: Banner Health Data Breach Litigation and In re: Valley Anesthesiology Data Breach Litigation
In his consumer class action practice, Mr. Emerson represents numerous corn farmers in the United States in consolidated actions in the MDL In re: Syngenta AG MIR162 Corn Litigation (MDL 2591) The Arkansas and Missouri class trials are currently set for trial on May 14, 2018 before Judge Lungstrum in Federal Court in Kansas City. However, a tentative global settlement of approximately $1.8 billion has been announced, but the terms of the settlement remain the subject of ongoing negotiations. Finally, Mr. Emerson is currently representing policyholders in cases against Transamerica and Lincoln Life concerning increased cost of insurance rates and/or increased monthly deductions. Mr. Emerson served as Chairman of the Expert Witness Committee in the consolidated MDL action styled In Re: Bisphenol-A (BPA) Polycarbonate Plastic Products Liability Litigation filed in the United States District Court for the Western District of Missouri. Mr. Emerson represented one of the named lead plaintiffs in the >AOL Version 5.0 Software Litigation. He was Co-Lead Counsel in an action filed against the Farmers Insurance Group of Companies involving alleged violations of the Fair Credit Reporting Act which resolved for plaintiffs. He was Co-Lead Counsel for a number of parents in the Gerber’s baby clothing litigation and the Carter’s baby clothing litigation. Both cases resolved for plaintiffs in 2013. Mr. Emerson was a consultant to Canadian plaintiffs’ counsel in the Canadian Medtronic Pacemaker Pacing Lead Product Liability Litigation that was certified and settled in British Columbia as a Canadian national class action. He has been a consultant to Canadian counsel in the Canadian Compact Disc Antitrust Litigation, the Canadian Publishers Clearing House Litigation, and the Canadian AOL 5.0 Software Litigation.
In his retirement plan practice, Mr. Emerson was appointed to the Plaintiffs’ Counsel Steering Committee by Judge Melinda Harmon, United States District Judge, Southern District of Texas – Houston Division, in the consolidated Enron ERISA Litigation, styled Pamela M. Tittle v. Enron Corp., et al.
In his corporate practice, Mr. Emerson has represented numerous stockholders in shareholder derivative lawsuits brought against corporate boards alleging breaches of fiduciary duties. These suits sought to impose corporate governance reforms aimed at protecting shareholders and eliminating corporate waste and abuse. In the past, Mr. Emerson served as one of the lead counsel in the Computer Associates shareholder derivative action in the Federal District Court for the Eastern District of New York. This action was brought against the Computer Associates’ board of directors and led to the resignation of the Company’s CFO, the resignation of two other senior financial officers, and the adoption of certain corporate governance measures that Computer Associates has since represented as the “gold standard” of governance reform. Mr. Emerson was Co-Lead Counsel in the case styled In Re: Nicor, Inc. Shareholder Derivative Litigation in the Circuit Court of Cook County, Illinois County Department, Chancery Division. This action was brought against Nicor’s board of directors and its settlement resulted in major corporate governance improvements at Nicor. Mr. Emerson was Co-Lead Counsel in the case styled In Re: Cryolife Derivative Litigation pending in the Superior Court of Fulton County, Georgia. The settlement of this action resulted in wide-sweeping corporate governance improvements at Cryolife. Mr. Emerson was also Co-Lead Counsel in the case styled In re: AOL Time Warner Shareholder Derivative Litigation which was settled in the Federal District Court for the Southern District of New York. This settlement resulted in wide ranging corporate governance and compliance changes and was recognized as a substantial factor in Time Warner’s ability to obtain $200 million from its Directors’ and Officers’ (D&O) insurance carriers. Mr. Emerson was Lead Counsel in the action styled In re: Crompton (now known as Chemtura) Shareholder Derivative Litigation which settled with Crompton’s D & O carrier, AIG, at JAMS in New York and was thereafter approved by the Bankruptcy Court for the Southern District of New York. This settlement resulted in major corporate governance improvements.
Mr. Emerson was admitted to the Texas Bar in 1980. He is admitted to practice before the U.S. Supreme Court; U.S. Court of Appeals for the 2nd, 5th, and 8th Circuits; U.S. District Courts for the Northern, Southern, Eastern, and Western Districts of Texas; Eastern and Western Districts of Arkansas; Western District of Washington; District of Colorado; Eastern District of Michigan; and all Texas, Washington, and Arkansas state courts.
Mr. Emerson has extensive jury trial experience over the past 36 years. He is a member of the legal fraternity Delta Theta Phi. He is also a member of The National Trial Lawyers; American Association for Justice (“AAJ”); AAJ Class Action Litigation Group; AAJ Medical Negligence Information Exchange Group; Fellow of The Pound Civil Justice Institute; Texas Trial Lawyers Association; American Bar Association (Tort and Insurance Practice and Legal Economics Sections); State Bar of Texas (Grievance Committee 4-D, Houston, 1991-94); Membership Services Committee, 1991-92); Sustaining Life Fellow Texas Bar Foundation; Bar Association for the United States District Court for the Eastern District of Texas; Houston Bar Association; Fellow of the Houston Bar Foundation; Washington State Bar; King County Bar Association; Arkansas Trial Lawyers Association; Pulaski County Bar Association; and the Arkansas Bar Association. Mr. Emerson was honored by the Governor of Arkansas when he was named an Arkansas Traveler, an Ambassador of Good Will on behalf of the people of the state of Arkansas to people everywhere.
Mr. Emerson is married with two children, two grandsons, and five rescued dachshunds. He enjoys the outdoors and has hunted and fished in the United States, Canada, Mexico, Honduras, Uruguay, Argentina, Botswana, and South Africa. He is a member of Ducks Unlimited and is a life member of Safari Club International. Mr. Emerson is also a member of the National Association for the Advancement of Colored People (NAACP) and is a financial supporter of the Anti-Defamation League.