Jenner & Block

Scott B. Wilkens is an accomplished trial and appellate lawyer who focuses primarily on complex commercial litigation and content, media and entertainment matters.  His experience also extends to white collar matters, including internal investigations and monitorships of global corporations.

Currently, Mr. Wilkens is leading the firm team representing several individual transgender plaintiffs and the ACLU of North Carolina in federal litigation challenging North Carolina’s anti-transgender and anti-LGBT law.  Mr. Wilkens is also representing the major recording companies in federal copyright infringement litigation.  In addition, Mr. Wilkens is representing the Knight First Amendment Institute at Columbia University in FOIA litigation concerning the federal government’s searches of travelers’ electronic devices at the border.

Mr. Wilkens' recent engagements have included:

  • Monitoring Credit Suisse AG following the bank’s $715 million settlement with the New York Department of Financial Services.
  • Representing leading medical and mental health organizations in filing amicus briefs in numerous cases concerning the rights of transgender individuals, including:
    • an amicus brief in a U.S. Court of Appeals for the Ninth Circuit in in a case challenging President Trump’s ban on transgender recruits in the military
    • an amicus brief in the U.S. Supreme Court in Gloucester County School Board v. G.G., which concerned the right of students to use restrooms and other facilities consistent with their gender identity.
  • Conducting an investigation and producing an internal report to the board of directors for General Motors Company with regard to events leading up to certain recalls stemming from faulty ignition switches.
  • Representing Brookfield Asset Management in litigation against AIG regarding an interest rate swap agreement.
  • Representing law professors Jeannie Suk Gersen and Scott Hemphill in filing an amicus brief in the U.S. Supreme Court in Star Athletica, LLC v. Varsity Brands, Inc.
  • Representing numerous broadcasters in copyright infringement litigation against internet television service Aereo.
  • Representing Viacom in its landmark copyright infringement case against Google and YouTube.
  • Representing the administrators of the bankruptcy estate of TXU Europe, Inc., in a breach of a currency swap contract suit against Merrill Lynch Capital Services Inc.

Mr. Wilkens has argued cases before the U.S. Courts of Appeals for the Seventh Circuit and the District of Columbia Circuit, and his appellate work also includes merits briefing in patent, death penalty and terrorism cases before the U.S. Supreme Court.  In 2017, Mr. Wilkens appeared as a panelist at the inaugural LGBT Forum sponsored by the American Bar Association Section of Litigation. In 2013, Mr. Wilkens was named a "Washington, D.C. Rising Star" by Super Lawyers.  In 2010, he was named one of the "Best LGBT Lawyers Under 40" by the National LGBT Bar Association.

At the firm, Mr. Wilkens serves on the Diversity & Inclusion and Hiring Committees. He is co-chair of the Hiring Committee for the firm's Washington, D.C. office and has served as the partner in charge of that office's summer associate program.

Before joining Jenner & Block, Mr. Wilkens was an engagement manager with the management consulting firm McKinsey & Company, where he advised the senior management of banks and insurance companies in North America, Europe and Asia.  Before that, he worked as a Henry Luce Scholar at the Centre for Comparative and Public Law at the University of Hong Kong and at the U.S. Department of Commerce in Washington, D.C.