Our Attorneys : Scott J. Gerlach

Scott J. Gerlach

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Legal Assistant: Alice Moore

Scott J. Gerlach handles complex business and commercial transactions and civil litigation.  Scott has been rated “AV Preeminent” by Martindale-Hubbell and was selected for inclusion in the list “Top 40 Litigation Lawyer Under 40” for the State of Alaska by the American Society of Legal Advocates in 2015 and 2016.  Scott’s clients range from Fortune 500 companies and large financial institutions to native corporations, regional and local businesses, and individuals. 

On the transactional side of his practice, Scott handles a wide range of business and commercial matters spanning from entity formation, capitalization, and compliance with Alaska securities laws and other governmental regulations to corporate governance, protection of intellectual property rights, commercial leasing and real estate transactions, employment matters, asset and stock sales, mergers and acquisitions, and dissolutions

On the litigation side of his practice, Scott practices before state and federal courts throughout Alaska and handles all aspects of the litigation process, at both the trial and appellate level, and in the alternative dispute resolution (“ADR”) setting.  Scott’s litigation practice has included matters involving commercial and business disputes, medical malpractice defense, personal injury and wrongful death cases, wage and hour litigation, and cases involving premises liability, construction defects, products liability, indemnification and subrogation, and environmental contamination. 


WORK EXPERIENCE:

Delaney Wiles, Inc.
Anchorage, Alaska - 2008 to Present

Birch, Horton, Bittner & Cherot, P.C.
Anchorage, Alaska - 2007 to 2008
Associate Attorney

Stites & Harbison, PLLC
Louisville, Kentucky - 2006
Summer Associate


REPRESENTATIVE MATTERS:

  • Representation of the buyer in an asset purchase of a large competing food service business;

  • Representation of numerous commercial landlords and tenants in drafting and negotiation of leases, enforcement of lease terms, and termination of leases;

  • Representation of seller in the conveyance of a hunting and fishing lodge in a deal that included real and personal assets and various layers of security interests to guarantee repayment;

  • Representation relating to the syndication of ambulatory surgery centers (Scott has represented both the entity and investor physicians on different ambulatory surgery center deals);

  • Representation assisting various healthcare professionals navigate issues relating to STARK, HIPAA, the NPDB, and various issues before the State of Alaska Medical Board; and

  • Representation of numerous clients to help them navigate the difficulties of a business divorce while avoiding litigation where possible. 


REPRESENTATIVE CASES:

  • Langlois v. NOVA River Runners, Inc. (represented commercial rafting company in wrongful death lawsuit and obtained summary judgment dismissal of all claims based on pre-activity release of claims).  This matter is currently on appeal to the Alaska Supreme Court in Case No. S-16422.

  • Childers, et al. v. Fortune Edwards Limited Partnership, et al., 3AN-14-08270CI (represented individual defendant in multi-party lawsuit and obtained summary judgment dismissal of all claims based on forum selection clause contained in subscription agreement where plaintiffs alleged violations of Alaska Securities Act, fraud, and other related causes of action and where requested damages were in excess of $1 million).

  • H.A. v. City of Togiak, et al., 3DI-14-00076CI (represented Alaska Native Corporation in multi-party lawsuit where plaintiff alleged multiple causes of action stemming from alleged sexual abuse of a minor by a village police officer and obtained summary judgment on all causes of action against client).

  • Thomas v. PeaceHealth Medical Group, et al., 1KE-10-00613CI (represented health care facility and physician defendants in lawsuit where plaintiffs alleged breach of contract, promissory estoppel, breach of fiduciary duty, and similar causes of action seeking to hold defendants liable for medevac and healthcare expenses incurred by pregnant patient following emergency transfer of patient to out-of-state medical facilities due to onset of premature delivery and need for level III nursery).  This matter is currently on appeal to the Alaska Supreme Court in Case No. S-15372.

  • Espeland v. IndyMac Federal Bank FSB, et al., 3AN-09-10994CI (represented banking institution in multi-party lawsuit challenging non-judicial foreclosure and obtained summary judgment in favor of client on all causes of action and also obtained money judgment on counterclaims asserted by client). The summary judgments and subsequent final judgment were upheld following two appeals to the Alaska Supreme Court in Case Nos. S14571 and S14931.

  • Dobbins v. Providence Alaska Medical Center, et al., 3AN-07-06740CI (successfully defended emergency physician in wrongful death lawsuit where plaintiff alleged failure to diagnose bacterial endocarditis and sat second chair at 4-week jury trial which resulted in defense verdict). This case also involved two petitions for review to the Alaska Supreme Court in Case Nos.: S13334 and S13453.

PROFESSIONAL ASSOCIATIONS :

  • Member - Alaska Bar Association
  • Member - American Bar Association