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.
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.
Contracts & Agreements
Federal or state governments and private companies, filing bid protests, drafting contracts and subcontracts, planning and executing acquisitions, negotiating data rights, enforcing trade secrets, non-compete agreements, and other aspects of commercial agreements.
Scott has represented major defense contractors in termination for convenience claims saving them tens of millions of dollars, drafted contracts and subcontracting agreements, reviewed the performance of subcontractors in corporate buy-outs, participated in successful bid protests before the GAO, and advised corporations operating overseas on export control restrictions and implications of Status of Forces Agreements.
Filing or Challenging agency actions, undertaking white collar investigations, securing immigration status for employees, and bringing complex civil litigation or appeals.
Scott has advised major Fortune 100 companies on their litigation strategies before federal district, appellate, and state supreme courts in products liability and other cases. Scott has helped major telecommunications providers in obtaining or updating licenses with the FCC, advised companies on state and federal regulatory requirements, and handled local municipal or state right of way and utilities issues.