I am dedicated to winning lawsuits for my clients and delivering outstanding results. I have been practicing high stakes commercial litigation in Texas since graduating with honors from Harvard Law School in 1995. I have handled the most important matters for many of my clients including several "bet-the-company" lawsuits.
Before co-founding Scott Yung LLP in 2001, I had practiced at two of the nation’s premier law firms: Weil Gotshal & Manges LLP and Susman Godfrey LLP. A few of my current or former clients include Cisco Systems, Citibank, the State of Texas, Stratos International, the Receiver of the Petrosurance Casualty Company, Orix Capital Markets, Metera Networks, Allegis Telecom, RLX Technologies, two of the "Big Four" accounting firms, private entrepreneurs, and various technology companies.
I have substantial experience in many areas of commercial litigation. In addition to every type of intellectual property lawsuit, I have handled litigations involving director and officer liability, accounting malpractice, health litigation, insurance receiverships, antitrust, class actions, contracts, fraud, SEC investigations, arbitrations, and much more.
My clients sometime strike first by filing a lawsuit or arbitration. On those occasions when I am retained after my client finds itself as a defendant, I have been successful in bringing counterclaims on its behalf against the plaintiff. In one such case, a jury awarded my client over $20,000,000 on its counterclaims. After I aggressively defend my client, it is not uncommon for the plaintiff to agree to dismiss its claims entirely to buy peace (known as a “walk away”). Whether defending or prosecuting a lawsuit, I try to win the dispute as quickly and resoundingy as possible.
The following are just three examples where I have been instrumental in quickly and favorably resolving disputes.
• Strong Defense. In the spring of 2006, I was hired by a start-up company that had just been named a defendant in a “bet-the-company” trade secrets case in Houston. My first assignment was to defend the client at a temporary injunction hearing that threatened to shut down the business and bankrupt the client. After successfully defeating the temporary restraining order, I convinced the Court to issue an injunction against the Plaintiffs from further disparaging my client. I commenced discovery against the Plaintiffs, filed a quick summary judgment motion, and the Plaintiffs refused ever again to appear at Court resulting in their multi-million dollar claims being thrown out six months after filing their lawsuit.
• Strong Offense. I filed an arbitration for my client against a real estate company alleging breach of contract based on a lease. In less than three months, the arbitrators awarded my client over $780,000, my attorney's fees, and the costs of arbitration. Months later, when my client claimed it was a large sum of money pursuant to another clause in the lease, the real estate company told my client to go fly a kite. The client contacted me, I filed another arbitration proceeding and within two weeks the real estate company paid my client the amounts owed to avoid a second public defeat.
• Aggressive Counter-Attack. I represented a start-up technology company who was sued by a multi-billion dollar publicly-traded competitor. The Plaintiff alleged that my start-up client had misappropriated trade secrets and raided employees. After a flurry of depositions of the plaintiff's personnel, I drafted a counterclaim lawsuit, sent it over for opposing counsel to consider, and the parties settled the matter later that day (with no money changing hands). The case had been filed less than five weeks earlier.
I have a particular interest in intellectual property law. While at law school, I was an editor for the Harvard Journal of Law & Technology. I have served two terms as Chairman of the Committee on Trade Secrets and Covenants Not To Compete for the State Bar of Texas's 1700-member Intellectual Property Section.
Throughout my career, I have been regularly retained to represent high tech companies in trade secret and employee raiding litigation with their competitors. Many high tech defendants have hired me when they have been sued by a competitor that has alleged my client raided the competitor’s employees and misappropriated its trade secrets. Often the “inevitable disclosure” of trade secrets doctrine is at issue.
I have also represented companies in patent litigation, copyright litigation, and trade dress and trademark disputes. Here are some examples of my intellectual property litigation.
National Settlements et al v. Liberty Settlements. I successfully represented Liberty in a state trade secrets and employee raiding lawsuit brought by National in Houston, Texas.
Alcatel v. Cisco Systems. I successfully represented Cisco in a federal patent, copyright, and trade secrets lawsuit brought by Alcatel in Sherman, Texas.
Fujitsu v. Metera Networks. I represented Metera in a state trade secrets lawsuit brought by Fujitsu Network Communications in Dallas, Texas.
Compaq v. RLX Technologies. I successfully represented RLX Technologies in a state trade secrets and employee raiding lawsuit brought by Compaq in Houston, Texas.
Alcatel v. Monterey Networks. I successfully represented Monterey Networks in a state trade secrets and employee raiding lawsuit brought by Alcatel in Dallas, Texas.
O’Leary v. Lycos. I successfully represented a plaintiff in domain name litigation against Lycos and caused Lycos to turn over a profitable and successful site.
Motorola v. Ruiz. I successfully represented Advanced Micro Devices in a state non-compete lawsuit brought against AMD's president by Motorola in Austin, Texas.
Fujitsu v. Cisco Systems. I represented Cisco in a state lawsuit brought by Fujitsu Network Communications in McKinney, Texas.
I have both sued and defended major accounting firms in accountant malpractice lawsuits. Examples of such litigation include the following.
Home Owners Warranty Corporation et al v. Ernst & Young LLP, Deloitte & Touche, et al. I successfully represented E&Y in a three hundred million dollar auditor malpractice litigation brought by the Virginia Bureau of Insurance in Dallas, Texas. I drafted the summary judgment motion that was granted disposing of Plaintiffs’ fraud, malpractice, and other claims.
Petrosurance Casualty Company v. PricewaterhouseCoopers LLP, et al. I was lead attorney for the Receiver of the Petrosurance Casualty Company in litigation against PWC for actuarial and auditor malpractice in Dallas, Texas. The case was settled in 2007.
Texas Insurance Group, et al v. Coopers & Lybrand, LLP. I successfully represented C&L in defense of an auditor malpractice case in Dallas, Texas.
I have handled several lawsuits on behalf of insurance Receivers suing professionals, officers, and directors. I have also represented auditors in claims asserted by a Receiver. Currently, I handle three lawsuits for Receivers of insurance companies.
• Total judgments and recoveries in 2006 for receiverships in excess of $7.5 million.
• Currently represent two receiverships in multimillion-dollar lawsuits in Dallas, Fort Worth, and Oklahoma City.
• Experience both suing and representing directors and officers.
• Experience both suing and representing actuaries and auditors in receivership litigation.
• Success in obtaining temporary restraining orders and temporary injunctions.
Blue Cross Blue Shield of Texas
Health Care Service Corporation
Health Plus of Louisiana
Southwest Texas HMO
Regence Health
Blue Cross Blue Shield of Illinois
Blue Cross Blue Shield of New Mexico
Blue Cross Blue Shield of Oklahoma
Blue Cross Blue Shield of Louisiana
Carefirst
Fort Dearborn Life Insurance Company
Baylor Health Systems vs. Health Care Service Corporation. Through motion practice and ultimately an arbitration hearing with live witnesses before a Tulane law professor, John Scott and I successfully disposed of millions of dollars of exposure with a favorable ruling for Health Care Service Corporation (the Respondent).
Citigroup v. CF International. I was lead attorney for Citigroup (the Claimant) in a commercial arbitration with three arbitrators in Dallas, Texas. After briefing and several days of arbitration teleconferences and a final hearing, my client was awarded over $800,000.
I have been fortunate to be asked by some of the finest attorneys in America to help them with their lawsuits. Some of the law firms that I have co-counseled with include the following.
Lord Bissell & Brook (Chicago)
Wilson Sonsini Goodrish Rosati (Palo Alto)
Susman Godfrey LLP (Dallas & Houston)
Provost * Umphrey (Beaumont)
Munger Tolles & Olson (Los Angeles)
Shartsis Frieze (San Fransisco)
Weil Gothsal & Manges (Silicon Valley)
Robins Kaplan Miller & Ciresi (Washington DC)
McKool Smith (Dallas)
Patton Boggs (Dallas)
I have experience with and sensitivity surrounding representation of foreign corporations in litigation. A few examples of my former clients are set forth below.
PT Wangsa Jaya Reksautama. I successfully represented an Indonesian company in dissolving an injunction issued against it in the Federal Court for Eastern District of Texas federal court and in successfully pursuing damages against a domestic company.
Güntner AG & Co. KG (Fürstenfeldbruck) and Guntner de Mexico S.A. de CV. I successfully represented a Mexican and German conglomerate in a patent and Lanham Act dispute with a publicly traded company in Dallas. The matter was resolved after drafting a temporary restraining order and complaint, but pre-filing.
ANDREW W. YUNG, born Glenrock, Wyoming
admitted to the bar, Texas 1995, Wyoming 1996
Legal education:
Harvard Law School (J.D., cum laude, 1995)
Editor, Harvard Journal of Law & Technology, 1993-1995
Preparatory education:
Texas A&M University (B.S., summa cum laude, 1992)
Harry S. Truman Scholar
University Scholar and Honors Fellow
Judicial clerkship:
Law Clerk to The Honorable Howell Cobb, United States District
Court, Eastern District of Texas (1995-1996)
Publications:
"Regulating the Genie: Effective Wiretaps in the Information Age," Dickinson Law Review (1996); "Phantom Risk," Harvard Journal of Law & Technology (1993)
Member:
State Bar of Texas; Wyoming Bar; Eastern District of Texas; Northern District of Texas; Southern District of Texas; Western District of Texas; Dallas Association of Young Lawyers
Andrew W. Yung
Phone: (214) 220-9955
Fax: (214) 220-9932
ayung@scottyung.com
Legal education:
Harvard Law School (J.D., cum laude, 1995)
Editor, Harvard Journal of Law & Technology, (1993-1995)
Prepatory education:
Texas A&M University (B.S., summa cum laude, 1992)
Harry S. Truman Scholar
University Scholar and Honors Fellow