Background

Scot Pierce is a proud Fort Worth native and an experienced commercial litigator, corporate finance, and bankruptcy attorney.  A large part of his practice is dedicated to representing contractors, businesses, financial entities and secured creditors.

Before returning to Fort Worth in 2002, Scot worked as a Dallas County Assistant District Attorney where he tried over 60 jury trials and numerous bench trials. He has been voted one of the Top Attorneys in Fort Worth by Fort Worth, Texas Magazine and 360 West Magazine for several years. Scot is also listed as an AM Best “recommended Insurance Attorney.” A prolific writer and speaker, Scot received an award in 2010 from the State Bar of Texas for Best Series of Articles – Substantive Law for his articles on creditor rights.  For his insurance clients, Scot is also set up for billing both under Legal Software Systems, Inc. billing system (LSS) and Legal Express billing system (LegalEx).

Scot has extensive experience in single-family, multi-family and commercial construction cases representing both general contractors and subcontractors in litigation and arbitration around the state of Texas.

Single-Family Residential Construction

Multi-Family Residential Construction

Commercial Construction

Construction-Related Personal injury Cases

Awards & Recognitions

Named one of the 400 Most Influential People in Fort Worth in 2020 by Fort Worth Magazine.

Recommended attorney by the International Factoring Association every year since 2011.

Voted as one of the Top Attorneys in Fort Worth by Fort Worth Magazine every year since 2011.

Voted as one of the Top Attorneys by 360 West Magazine every year since 2016.

2010 winner of the Award from the State Bar of Texas for the Best Series of Articles – Substantive Law.

Townes-Rice Scholar at the University of Texas School of Law

AV-Rated Martindale-Hubbell®: Preeminent™

Areas of Practice

Banking & Finance

– Corporate Finance

– Factoring

– Asset Based Lending

 

Business

– Bankruptcy

– Construction

– Contract negotiating and drafting

– Mergers and Acquisitions

 

Litigation

– Complex Commercial Litigation

– Consumer Litigation

– Contract Litigation

– Construction Litigation

 

Associations & Memberships

Martindale-Hubbell®

Presbyterian Night Shelter Board 2015 – Present

 Treasurer 2017 – 2019

  Chairman of Finance Committee 2017 – 2019

PNS Foundation Board 2019 – Present

Leadership Fort Worth Class of 2004

MHMR Visions –

  Treasurer 2013-2014

  Chair 2008-2011

  Vice Chair 2006-2008

  Board Member 2005-2014

  Advisory Board 2014-present

The Finance Forum

Tarrant County Bar Association

South Dallas/Fair Park Trust Fund

  Past Board Member and

  Past Chair of Public Relations Subcommittee

Publications & Presentations

Scot's Legal Updates

"What Every Business Owner Should Know About Recent Texas Supreme Court Decisions" Presented by Scot at the Whitaker Chalk monthly luncheon held at the City Club of Fort Worth. June 14th 2018

“Problems with the Fast Cash, Online Lender Revolution” on July 13th, 2017 at Whitaker Chalk's monthly luncheon held at the City Club of Fort Worth.

"Online Lending: The Risks & Rewards" at the Association of Commercial Finance Attorneys CLE Weekend May 8th 2017.

"Legal Panel" 2017 International Factoring Association Annual Conference April 2017

Drafted "Texas Law" section of International Factoring Associates legal compendium. March 10, 2017

“Problems in Construction Litigation,” City Club Monthly Luncheon, September 2016

"Legal Panel," 2016 International Factoring Association Annual Conference, April 2016

"The Dark Side of Cash Advances," The Finance Forum, February 2016

"What to do if Your Customer Files for Bankruptcy," City Club Monthly Luncheon, November, 2014

 

 

 

 


Scot's Legal Updates

Scot writes articles on some of the latest legal issues and posts them under the Legal Updates tab. These posts typically cover insurance, construction, factoring, asset-based lending, and general business issues. The articles are written to provide practical information for business owners and individuals. Click here to access the articles.

Testimonials

“Scot truly understands the needs of a factor. He brings insight and follow through and has been invaluable during our dealings together. I strongly encourage anyone in the factoring realm seeking legal counsel in the Texas market to consider hiring him.”

Genevieve Merritt-Parikh, Allied Affiliated Funding

Education

  • The University of Texas School of Law, Austin, Texas, (1997) J. D. Honors: The Review of Litigation, Townes-Rice Scholar
  • Texas A & M University, (1992) B.B.A., magna cum laude Honors: College of Business Administration Fellow

Bar/Court Admissions

  • Texas Bar (1997)
  • US District Courts for the Northern, Western and Eastern Districts of Texas
2/28/24

Factoring Cases from the Second Half of 2022

I have written short summaries of selected factoring cases from the second half of 2022. Part of what I want...
4/27/23

Factoring Cases from the First Half of 2022

I have written short summaries of five instructive factoring cases from the first half of 2022. These cases address 5...
1/25/23

A Surprising Case Further Insulating Property Owners from Liability to Subcontractors

Question: In determining the applicability of Chapter 95 of the Texas Civil Practice & Remedies Code, is a live power...
8/22/22

Zombie Case Law Rises from the Dead to Harm Contractors

Question:  Can a contractor be held liable to an owner for construction defects resulting from defective plans and specifications supplied...
6/9/22

The Tragedy of Bailey Tool & Manufacturing Company v. Republic Business Credit, LLC Part 2—The Result and Lessons

Since I posted the first article about this case, the International Factoring Association Annual Conference was held in Boston. At...
5/2/22

The Tragedy of Bailey Tool & Manufacturing Company v. Republic Business Credit, LLC Part 1—The Story

Bailey Tool & Mfg. Co. v. Republic Business Credit, LLC reads like a Shakespearean tragedy. The saga is full of...
4/6/22

So Who Pays the Attorney?

Question: Can a court consider evidence other than the petition and insurance policy to determine whether a duty to defend...
2/14/22

Factoring Cases from the First Half of 2021

This is a short summary of five cases related to factoring that were issued by courts in the first half...
1/12/22

Sometimes Paying a Claim is Not Enough

  Question:  Can an insurer still be liable to an insured when it initially denied a claim but later paid...
12/8/21

And You Thought Your Thanksgiving was Bad . . .

  Question: A written agreement between the parties required a written and executed agreement before a contract was formed. Despite...
11/9/21

The Digital Age Is Continuing To Create Challenges For Courts

Question:  Can an electronic signature be verified as authentic when the signer denies having signed the record? Answer:     Yes....
10/7/21

Five Construction Mistakes That Consistently Hurt Contractors—Part 2

  In Part 1, we started discussing five mistakes by contractors that can create problems in construction litigation. We began...
9/7/21

Five Construction Mistakes That Consistently Hurt Contractors—Part 1

“Smart people learn from their mistakes. But the real sharp ones learn from the mistakes of others.” ―Brandon Mull, 2007....
8/6/21

General Contractors’ Liability for Subcontractors’ Personal Injury Claims

Question:    A general contractor hired a subcontractor to work on a project.  While working on the project, the subcontractor...
6/21/21

Insurers Can Still be Liable to an Insured Even After Paying a Negotiated Settlement

Issue:    Can an insurance carrier continue to be liable to the insured for only paying a portion of a negotiated...
7/28/17

Scot Pierce presented at City Club Luncheon on July 13, 2017

Scot Pierce presented “Problems with the Fast Cash, Online Lender Revolution” on Thursday, July 13th, 2017 at Whitaker Chalk's monthly luncheon...
7/11/17

Whitaker Chalk proudly announces 29 of 36 attorneys selected as “2017 Top Attorneys”

Whitaker Chalk Swindle & Schwartz PLLC proudly announces 29 of our 36 attorneys have been selected as "2017 Top Attorneys in Tarrant...
5/8/17

Scot Pierce presented “Online Lending: The Risks & Rewards”

Scot presented "Online Lending: The Risks & Rewards" at the Association of Commercial Finance Attorneys CLE Weekend.
4/8/17

Scot Pierce spoke at the International Factoring Association Annual Conference

Scot Pierce spoke at the "Legal Panel" 2017 International Factoring Association Annual Conference April 2017
3/10/17

Scot Pierce drafted “Texas Law” section of International Factoring Associates Legal Compendium

Scot Pierce drafted "Texas Law" section of International Factoring Associates legal compendium.
9/10/16

Scot Pierce presented “Problems in Construction Litigation” at City Club Luncheon 09/08/2016

Scot Pierce presented "Problems in Construction Litigation" on Thursday, September 8th, 2016, in the Governor's Room at the City Club...
4/1/14

Scot Pierce has Written an Article for the Bankruptcy Issue of the ABF Journal

Scot Pierce has written an article for the bankruptcy issue of the ABF Journal entitled, "Client Bankruptcy... Pitfalls to Avoid...
3/1/12

Scot Pierce has Contributed an Article to The Commercial Factor on Hidden Liens and Trusts

Scot Pierce has written an article for to the March/April 2012 edition of  The Commercial Factor, a publication of the...
8/1/11

Scot Pierce has Written a Case Law Update for Factorguru.com

Scot Pierce has written a case law update for www.factorguru.com. Italian Cowboys Partners, Ltd. v. The Prudential Insurance Co. of...