What Is Swafford Law?

Swafford Law, LLC provides service to companies and individuals across Maryland and the District of Columbia. Although Swafford Law takes on a range of different types of matters, we typically help small and mid-sized businesses navigate problems in consumer protection, IT, contracting, or other areas.

Who Is Swafford Law?

Scott Swafford is the founder and sole practitioner behind Swafford Law. Scott, a member of the Maryland and DC Bars and the American Bar Association, is a lawyer with experience practicing law at a large international law firm, Arnold & Porter, LLP, and extensive experiences before becoming a lawyer with work for federal agencies, government contractors, and the US military. Scott is AVVO Rated, and appears on numerous other attorney review websites and programs.
Scott is a neighbor and friend that has lived in Maryland since 2001 when he and his family returned from service with the US government overseas in Germany, Belgium, and the United Kingdom, with military deployments to Saudi Arabia and Turkey. Scott currently lives with his three children, who attend local schools. He is active in the local community, having coached or appraised Destination Imagination teams for over seven years, and coached soccer for local children through various programs including Sport4All, for at least that long.
Scott served honorably in the United States Air Force, finishing his career working in military intelligence coordinating a multinational cell supporting North Atlantic Treaty Organization and United Nations activities in the former Yugoslav Republic of Macedonia, and is a decorated veteran of the first Gulf War.

How Swafford Law Is Different

About Scott

  • Scott works hard and does things the “old-fashioned” way, attending law school at night while working full-time during the day as a federal civil servant for NOAA, still coaching activities for his and other neighborhood children, building a two-story treehouse, and graduated summa cum laude, 7th in his class.
  • Scott believes every client’s legal situation is unique, and each needs advice they can actually use, rather than just be expected to pay for. While he doesn’t shy away from court, Scott’s practice and professional life reflect that sometimes, the best solution isn’t always a legal one, and that seeing the forest for the trees is just as important a skill as being able to read between the lines. And, even when a legal solution is called for, the best one is always the one that gets the best results for his client, not the most work for Scott. After careers in IT and military intelligence, Scott has learned how to be efficient and effective, without spending a lot of time to get an answer.
Admissions
District of Columbia, Maryland
Education
JD, summa cum laude, American University,
Washington College of Law, 2007
BA, magna cum laude, Webster University, 1992
Prior Experience
Information Technology & Security, International & Federal Project Management, Federal Contracting, Military Intelligence
Perspective
Veteran, Soccer Coach, Destination Imagination Team Manager, Active Pro Bono Practice
Scott

About Scott's Work

As a lawyer, Scott has been active on cases involving litigation, data security & privacy, government contracts, and telecommunications issues. Scott also maintained an active pro bono practice which included criminal and immigration matters, and has been a frequent contributor to blogs, been published in the Secure Times, and authored sections of the ABA’s 2012 Data Security and Privacy Handbook. Some of his relevant experiences are below.

Data Security & Privacy

  • Advised Fortune 500 companies on data security and privacy implications of proposed restructuring plans, teaming arrangements, and potential international expansion; and drafted global, mobile, and international privacy policies.
  • Counseled banks and start up IT companies on data security breach notification provisions of applicable state laws, and guided clients in developing and implementing “best practices.”
  • Counseled companies on California state privacy laws implicated by discovery and trial practices.
  • Advised major telecommunications company on implications of ECPA and other federal laws on the practice of Deep Packet Inspection (DPI).
  • Advised IT services company on “clear and conspicuous” disclosure requirements implicated by the E-Sign Act.
  • Authored sections of American Bar Association (ABA) Data Security Handbook, expected to be published in Summer, 2012.  Contributions include sections on federal data security & privacy laws (e.g., ECPA, CFAA, FISMA, Privacy Act, and FTC authorities); state data breach notification and data security laws; and behavioral advertising.
  • Contributed frequently to legal blogs and ABA publications on data security & privacy, and online behavioral advertising practices.  Topics include COPPA; tracking cookies and other technologies; behavioral advertising; reviews of FTC privacy guidance; state data security laws; and proposed federal privacy legislation.
  • Developed, presented, and led discussions on the Federal Information Security Management Act (FISMA), offered for CLE credit to firm attorneys.
  • Provided regular updates and analysis to clients on privacy and data security developments, including California’s Reader Privacy Act, FTC Workshops updating “DotCom” disclosures, and privacy and data security litigation.

Government Contracts

  • Supported the representation of several US government contractors in bid protest actions before the US Government Accountability Office, resulting in agency decisions to take corrective action.
  • Counseled one major defense contractor on obligations stemming from, and assisted in the contractor’s preparation for negotiations following, a termination for convenience decision issued by the US government on a multibillion dollar contract.
  • Drafted subcontractor agreements for several mid-sized companies receiving federal contracts.
  • Counseled several US government contractors on requirements relating to foreign origin of products under the Buy America Act and new requirements associated with the American Recovery and Reinvestment Act.

Litigation & Immigration

  • Represented a petitioner in criminal proceedings before the Court of Special Appeals, and the Court of Appeals in Maryland, after that court saw fit to grant a petition for certiorari.
  • Acted as lead lawyer in a trial, successfully defending a client in a civil protective order action brought by the client’s employer as retaliation after the client participated in a class action against the employer.
  • Conducted a multi-year Foreign Corrupt Practices Act (FCPA) internal investigation of a client which involved electronic discovery and management of nearly a terabyte of electronic materials, and assisted in the representation of the client before federal agencies.
  • Successfully represented clients in obtaining U-Visa immigration status, and advised clients on international, inter-familial adoption legal procedures and requirements.

Federal & International Managerial, Information Technology & Information Security Experience

Prior to his legal practice, Mr. Swafford worked in other areas which provided him experience in information technology, government contracts, professional military education, intelligence, and telecommunications. Mr. Swafford

  • Advised the Chief Administrative Officer of the National Oceanic and Atmospheric Administration, on information management, technology, and contracting issues;
  • Advised the Federal Communications Commission (FCC) on information security matters;
  • Served as the US Technical Representative to US-Swiss Joint Memorandum of Agreement (for Advanced Distributed Learning);
  • Chaired the Partnership for Peace Consortium of Defense Academies and Security Studies Institutes Information Technology Working Group; and
  • Co-chairing the Knowledge Development and Distribution Working Group, associated with National Defense University and Joint Staff (J7) initiatives.
  • Advised the Federal Communications Commission (FCC) on information security practices and requirements, including FISMA compliance.

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