Scott Cousins

Partner

Scott.Cousins@lewisbrisbois.com

Scott D. Cousins is a partner in the Wilmington office of Lewis Brisbois and a member of the Bankruptcy & Insolvency, Complex Business & Commercial Litigation and Real Estate & Land Use Practices. He has been involved in many of the largest and most complicated business reorganizations, out of-court restructuring matters, workouts, liquidations and distressed acquisitions and sales in Delaware’s federal and state federal courts, as well as in other jurisdictions across the country. Scott has decades of real-world experience representing public and private companies, creditors and statutory committees, trustees, purchasers and boards of directors, management and shareholders in all aspects of business reorganization and restructuring, including high-stakes litigation and commercial transactions related to distressed acquisitions and sales inside and outside chapter 11. He has represented businesses in all industries including energy, finance, healthcare, hospitality, education, manufacturing, retail, telecommunications, transportation, technology, information-management, and construction.

In addition to restructuring expertise during his years in private practice, Scott has wide-ranging corporate experience as in-house General Counsel of NextEra Energy Resources LLC, a clean, renewable energy leader and one of North America’s leading energy suppliers.

He also has been involved in litigating cases, in both federal and state trial and appellate courts, that seek to defend personal freedoms protected by the Bills of Rights on behalf of individuals and various civil rights organizations.

He is a published author, and a frequent speaker on issues and developments in bankruptcy and insolvency law.

Primary Area(s) of Practice

  • Bankruptcy & Insolvency
  • Complex Business & Commercial Litigation
  • Real Estate & Land Use

Additional Experience

Associations

  • American Bankruptcy Institute
  • Delaware Association of Second Amendment Lawyers, President

Awards & Honors

  • Chambers & Partners USA Guide, an annual listing of leading business lawyers & law firms in the world, 2004-2006; 2010 to present
  • AV® Rated by Martindale-Hubbell in Bankruptcy and Litigation
  • The Best Lawyers in America® in the practice area of Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law since 2006
  • The International Who’s Who of Insolvency & Restructuring Lawyers, since 2011
  • Delaware Super Lawyers, since 2013
  • Voted, “100 Best Lawyers in Delaware,” Delaware Today

Education

Widener University School of Law

Juris Doctor, 1992

Widener University School of Management

Master of Business Administration, 1992

Stockton State College

Bachelor of Science, 1989

Representative Matters

  • Represented financially distressed companies, both inside and outside of chapter 11
  • Represented official chapter 11 committees, and other statutory committees and committee members
  • Represented acquirors of various distressed companies and assets, both inside and outside of chapter 11
  • Represented liquidating trusts and trustees, and plan administrators following confirmation of chapter 11 plans
  • Represented Special Deputy Receiver in Assignment for Benefit of Creditors cases (Delaware Court of Chancery)
  • Represented plaintiffs and defendants in chapter 11 adversary proceedings related to their defense and prosecution of claims in bankruptcy courts
  • As General Counsel of NextEra Energy Resources, oversaw all commercial contracting activities associated with NextEra’s:
    • acquisitions and divestitures;
    • litigation and dispute resolution;
    • development and operation of its wind portfolio including the negotiation of power purchase agreements and interconnection agreements, the procurement of wind turbines, and procurement of balance of plant and related systems;
    • solar-thermal and solar photovoltaic solar activities including the negotiation of power purchase agreements, and the procurement of mirrors, tubes, panels and related systems;
    • energy trading origination and activities including “Green” initiatives and U.S. and Canadian gas trading initiatives;
    • natural gas transmission and storage project development;
    • commercial efforts related to NextEra’s nuclear fleet;
    • regulatory initiatives;
    • business management projects, initiatives and restructurings;
    • law department initiatives including Six Sigma projects, external counsel convergence, document preservation and code of conduct compliance;
    • retail commercial efforts and endeavors related to NextEra’s “Gexa” retail electric provider;
    • commercial efforts related to NextEra’s “FiberNet” subsidiary; and
    • EPC contracting for Florida Power & Light Company and NextEra.

Publications

  • Author, a chapter on assets dispositions and acquisitions in conjunction with prepackaged plans of reorganization in the treatise, Bankruptcy Business Acquisitions
  • Author, “Postpetition Financing of Dot-Coms,” The Delaware Journal of Corporate Law, Volume 27, No. 3 2002
  • Author, “Chapter 11 Asset Sales,” The Delaware Journal of Corporate Law, Volume 27, No. 3 2002

Pro Bono & Philanthropy

Counsel to Native American Guardian’s Association, a section 501(c)(3) non-profit organization that focuses on increased education about Native Americans, especially in public educational institutions.