Scott C. Bailer

Scott Bailer is an associate in the firm’s Employment practice.

Scott provides practical, business-focused employment counsel to private equity, venture capital, tech, life sciences, finance / fintech, and other emerging-industry companies on a variety of employment matters. Clients regularly rely on Scott's counsel when handling sensitive, confidential, code-red employment situations. Key areas of focus include:

• M&A: supporting clients in connection with employment aspects of complex corporate transactions
• Hirings and separations
• Restrictive covenants
• Employee compliance matters
• High leverage employee disputes/demands
• Litigation and litigation avoidance
• Workplace investigations

Scott has counseled private equity and venture capital clients in connection with hundreds of complex mergers and acquisitions, financings, and growth investments. Scott routinely drafts and negotiates purchase agreements, manages employment due diligence, and consults with buy- and sell-side clients on the nuances of employee transitions, employee retentions, and reductions in force. Scott also counsels clients on, and drafts documents in connection with, all aspects of employment law, including hiring and firing key employees, restrictive covenant agreements, wage and hour issues, demand letters, and compliance with employment laws. If things go awry, clients depend on Scott to provide pragmatic advice on how to mitigate exposure, remediate the issue, and solve any pending dispute.

Scott’s recent representative experience includes:

• TA Associates in its strategic growth investment in Veracode
• CSafe Global, a portfolio company of Frazier Healthcare Partners and Thomas H. Lee Partners, in its acquisition of Softbox Systems
• Pathwire in its acquisition by Sinch AB from Thoma Bravo LP for $1.9 billion
• Peloton Equity in its agreement with Lightyear Capital LLC for a recapitalization of its portfolio company, HPOne
• Bregal Sagemount in its strategic growth investment in PayArc
• Bregal Sagemount in its strategic growth investment in Optima Partners Holdings
• Bregal Sagemount in its equity investment in Transflo
• Bregal Sagemount in its equity investment in BuildingLink
• SunMed Group Holdings, LLC, a portfolio company of Frazier Healthcare Partners, in its acquisition of the consumables business (development, design, production, manufacturing, sourcing, distribution, marketing and sale of consumable anesthesia medical devices and consumable respiratory medical devices) operated by Vyaire Holding Company and its direct and indirect US and foreign subsidiaries

Pro Bono

Scott represents foreign nationals in asylum proceedings, including matters before the New York Immigration Court and the United States Citizenship and Immigration Services. 

Scott has also partnered with the Southern Poverty Law Center in submitting an amicus brief to the Supreme Court of Mississippi in a high-profile charter school case.

During law school, Scott worked as a legal intern for the Honorable Susan D. Wigenton in the United States District Court for the District of New Jersey.