Scott C. Nehrbass Get to Know
Kansas City Office
9225 Indian Creek Parkway
Suite 600
Overland Park, KS 66210-2000
T: 913.253.2144
F: 866.347.1472
snehrbass@foulston.com
Practice Areas
Commercial & Complex Litigation
Product Liability
Insurance Defense Litigation
Employment & Labor
Trade Secret & Noncompete Litigation
Intellectual Property
Education
University of Kansas, J.D. (1993)
  • Order of the Coif
  • Kansas Law Review - Associate Editor
University of Kansas, BA (1989)
  • With Distinction
Admissions
  • U.S. Supreme Court (2002)
  • U.S. Court of Appeals for the Tenth Circuit (2000)
  • U.S. District Court for the District of Kansas (1993)
  • U.S. District Court for the Western District of Missouri (1995)
  • Kansas (1993)
  • Missouri (1995)
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Scott C. Nehrbass, Partner


Scott Nehrbass

Scott C. Nehrbass Attorney Profile

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Mr. Nehrbass has represented many individual and corporate clients in numerous and varied business and tort litigation matters. He has tried cases to juries and courts in both the Kansas state and federal courts and argued appeals before the Tenth Circuit, Kansas Supreme Court and Kansas Court of Appeals. Mr. Nehrbass enjoys Martindale-Hubbell Law Directory’s highest “AV” rating for lawyers and has been selected by his peers for inclusion in The Best Lawyers in America© and the Missouri & Kansas Super Lawyers® list as a leading business attorney in the United States. In 2016 he was named by Best Lawyers® the Kansas City, KS Personal Injury Litigation “Lawyer of the Year,” and in 2013 and 2017 he was named the Kansas City, KS Litigation – Intellectual Property “Lawyer of the Year.” Since 2013, Benchmark Litigation has named Mr. Nehrbass a “Future Star.” Mr. Nehrbass is a past president of the Kansas Association of Defense Counsel.

Professional Memberships, Affiliations, and Honors
  • Recognized by Best Lawyers® as the 2013 and 2017 Kansas City-KS Litigation – Intellectual Property “Lawyer of the Year”
  • Selected by peers for inclusion in The Best Lawyers in America© in the areas of Commercial Litigation, Litigation – Banking & Finance, Litigation – Intellectual Property, Litigation – Real Estate, and Personal Injury Litigation – Defendants, 2010 - 2017
  • Selected for inclusion in Missouri & Kansas Super Lawyers® List, 2012 - 2015 (a Thomson Reuters business)
  • Named by Benchmark Litigation-Future Star, 2013-2016
  • Kansas Bar Association Bench-Bar Committee and Bar Show Committee
  • Johnson County Bar Association Ethics & GrievanceCommittee
  • The Missouri Bar
  • Kansas Association of Defense Counsel Board of Directors, President-2007
  • Christian Legal Society
  • Defense Research Institute
  • Kansas City Metropolitan Bar Association
Community Involvement
    Mr. Nehrbass and his wife, Jennifer, have two young sons, Jack and Andrew, and are heavily involved in their school, church, sports and music activities. Mr. Nehrbass coaches a soccer team. Mr. Nehrbass is a 2000 graduate of “Leadership Olathe,” a program sponsored by the Olathe, Kansas Chamber of Commerce. Mr. Nehrbass serves on the board of the City Union Mission and is an active member at the Church of the Resurrection (United Methodist), where he leads a Bible Study. Mr. Nehrbass is an avid fisherman and hunter and a half-rate musician.

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  • Mr. Nehrbass has significant experience handling complex commercial litigation for corporate clients from a wide variety of industries, such as healthcare, banking, insurance, financial services, manufacturing, retail, pharmaceutical, chemicals, agribusiness, real estate, food and beverage, adoption services, and automotive. His clients have included multinational, national, regional and local businesses, such as the following: The Home Depot, Sears, Lowe’s, Kraft, Nueterra, AVIVA USA Corporation, Hoffman-LaRoche, Wachovia, Bank of America, BB&T, Anderson Erickson Dairy, Nissan, Fujisawa Healthcare, Schering-Plough, CVS Pharmacies, American Adoptions, Torchmark Corporation, Hanger Orthopedic Group, Premium Standard Farms, Chem-Trol/VMS, Lexis-Nexis, Rush Properties, PAETEC, and IKON. Mr. Nehrbass has also worked for a number of insurers, such as State Farm, Shelter and AIG.

  • Mr. Nehrbass has particularly extensive experience counseling and representing companies and individuals in matters involving noncompete agreements and other forms of restrictive covenants. He has successfully obtained restraining orders, preliminary injunctions and contempt orders against former employees. He has also successfully defended former employees.

  • Mr. Nehrbass has considerable experience litigating disputes between business partners in many different industries. He has handled matters governed by statutes, such as consumer protection and patent or trademark infringement cases, as well as all kinds of alleged common law torts, including fraud, breach of fiduciary duty, negligent misrepresentation and negligence generally. He has also represented clients who face issues relating to their licensure by governmental agencies.

  • At the request of the Kansas Chamber of Commerce and the Kansas Association of Defense Counsel, Mr. Nehrbass has testified before the Kansas legislature on various bills. He has been asked to author “friend of the court” briefs on these organizations’ behalf. The Kansas Bar Association has called upon Mr. Nehrbass to co-author its annual survey of civil procedure cases and to instruct newly admitted lawyers on civil procedure issues.

  • Mr. Nehrbass has tried or argued significant matters before a number of Kansas federal judges and Johnson County, Kansas state court judges, including but not limited to federal judges Lungstrum, Vratil, Murguia, Robinson and Melgren and state court judges Elliott, Foster, Bennett, Sutherland, Moriarty, and Vano. During Mr. Nehrbass’s clerkship with The Honorable Monti L. Belot of the United States District Court for the District of Kansas in Wichita, Kansas, he obtained significant research, writing and courtroom experience on employment, business, product liability and ERISA litigation matters. These included class actions.

  • Shirley v. Baxter Springs Gun – Mr. Nehrbass successfully defended this matter, in which the mother of a child killed in a father-son murder-suicide filed an action against the company that sold the gun used in the murder-suicide.

  • Iron Mound v. Nueterra – Mr. Nehrbass successfully defended this matter, in which former business partners claimed a continuing right to a portion of certain management fees.

  • United Investors Life Insurance Company v. Waddell & Reed, Inc. et al. and Waddell & Reed, Inc. et al. v. Torchmark Corporation et al. Mr. Nehrbass managed discovery and assisted with the successful prosecution and defense of two jury trials in these two complex actions – one in Alabama (which resulted in a $50 million verdict for Mr. Nehrbass’s client) and another in Kansas – involving conversion, contract, tortious interference, fiduciary duty, RICO and other claims.

  • Chem-Trol/VMS v. Wilson and Chem-Trol/VMS v. Christensen – Mr. Nehrbass successfully prosecuted these matters, in which former employees sought to divert customers and business from Mr. Nehrbass’s clients.

  • Kyle v. State Industries – Mr. Nehrbass assisted in this lengthy jury trial in Wyandotte County, Kansas, resulting in the successful defense of a water heater manufacturer in this product liability matter.

  • Federal Office Products v. ADOS Office Products – Mr. Nehrbass successfully defended at trial this Johnson County matter involving claims of tortious interference.

  • Pratt Feeders V. Hoffman LaRoche, et al., and related consolidated action in Wyandotte County District Court. This was a major, multi-defendant antitrust price-fixing case on which Mr. Nehrbass served as lead local counsel for Hoffmann LaRoche and eventually became lead spokesperson for all of the defendants during a number of hearings and took lead responsibility for depositions.

  • Sokolov Dental Laboratories v. Mainstreet Software Systems – Mr. Nehrbass successfully defended at trial this Johnson County matter involving claims of fraud and breach of contract.

  • Evolution, Inc. v. Prime Rate Premium Finance – Mr. Nehrbass and his partner successfully defended at trial this Kansas federal court matter involving claims of copyright infringement.

  • Searles v. Van Bebber and Wares v. Van Bebber. Mr. Nehrbass has twice been appointed by the Kansas federal court to handle religious freedom matters. Both cases resulted in jury verdicts in favor of the client.

Income Partner - Shook, Hardy & Bacon L.L.P., Overland Park, KS, 2002 - 2004
Associate - Shook, Hardy & Bacon L.L.P., Overland Park, KS, 1995-2001
Law Clerk, Honorable Monti L. Belot, United States District Judge, Wichita, KS, 1993-1995
Part-time Law Clerk, Twenty-Ninth District Court, Wyandotte County (Kansas City), KS, 1992-1993
Intern, Legal Services for Students, University of Kansas, 1991-1992

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2015
  • All the Ethics News That’ll Fit in 50 Minutes (Foulston Siefkin LLP, Ethics Seminar for Corporate Counsel)
2014
  • What Do I Do When My Competitor Is Hiring My Employee, or I’m Hiring Theirs? (Foulston Siefkin LLP, Employment Law Seminar)
2008
  • Kansas Legal- Dissecting a Discharge (Foulston Siefkin Employment Law Seminar)
  • What You Need to Know About Employment Agreements (Foulston Siefkin Employment Law Seminar)
  • What You Need to Know About Employment Agreements (Foulston Siefkin Employment Law Seminar)

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2014
  • They Buy Ugly Houses: Loan Modifiers and Foreclosed Properties Investors
    -Kansas Defense Journal
  • Civil Procedure Chapter
    -KBA Annual Survey
2013
  • Civil Procedure Chapter
    -KBA Annual Survey
2012
  • Civil Procedure Chapter
    -KBA Annual Survey
2011
  • Civil Procedure Chapter
    -KBA Annual Survey
2010
  • Civil Procedure Chapter
    -KBA Annual Survey
2009
  • Civil Procedure Chapter
    -KBA Annual Survey
2008
  • Civil Procedure Chapter
    -KBA Annual Survey
2004
  • Civil Procedure chapter
    -Kansas Bar Association's Annual Survey
  • The Availability of the 'Full Consideration' Remedy to Indirect Purchasers under the Kansas Restraint of Trade Act
    -KADC Legal Letter
2003
  • Civil Procedure chapter
    -Kansas Bar Association's 2003 Annual Survey
2002
  • Civil Procedure chapter
    -Kansas Bar Association's 2002 Annual Survey
2001
  • Civil Procedure chapter
    -Kansas Bar Association's 2001 Annual Survey
2000
  • Book Review of Business and Commercial Litigation in Federal Courts
    -Journal of the Kansas Bar Association
1998
  • 'Discovery' chapter
    -Federal Practice Handbook
  • Don't Take Affirmative Defenses Lightly
    -Kansas Association of Defense Counsel Legal Letter
1996
  • Bosses Beware - It's a Jungle out There: Supervisor Liability in Employment Litigation
    -Journal of the Kansas Bar Association
1992
  • The Proposed Amendments to Federal Rule of Civil Procedure 11: Balancing the Goal of Deterrence with Considerations of Due Process and Fairness
    -University of Kansas Law Review


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