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scott-malzahn

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Scott Malzahn
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Scott Malzahn, the firm’s Managing Partner, is an accomplished trial and appellate lawyer. Scott has a complex civil litigation practice, frequently representing plaintiffs and defendants in intellectual property, fintech, and general commercial disputes. He also is consulted on anti-SLAPP law and has spoken on the subject.

Scott has tried multiple cases to verdict in federal and state courts, and in arbitration. Last year, he and the Waymaker team won a jury trial in federal court in an intellectual property dispute between competitors. Siding with the firm’s client, the jury found all 11 defendants liable for trade secret theft, trademark infringement, copyright infringement, and counterfeiting. The jury invalidated two of defendants’ patents and the firm’s client won a damages award of more than $18 million. During that trial, Malzahn took 8 of the 14 witnesses. He was selected a Legal Visionary 2022 by the Los Angeles Times Business of Law Magazine; a Leader in Law 2021 by Los Angeles Business Journal; and a Southern California “Super Lawyer” every year since 2019.

Scott has obtained successful results for many cases for clients—both on the plaintiff and defense side—through motion practice. In one high-profile copyright dispute, the Hollywood Reporter and Los Angeles Times described a summary judgment ruling in favor of the firm’s client as a “legal earthquake” that “could usher in a new generation of pay TV services online[.]” In a trade libel dispute between two commercial businesses that went up to the California Supreme Court, Scott crafted the legal arguments adopted unanimously by the California Supreme Court in a 2019 decision that is now the leading decision for anti-SLAPP cases under the catchall provision. The published decision is now the leading California decision for anti-SLAPP motions brought under the catch-all provision and has been cited more than 900 times. See FilmOn.com Inc. v. DoubleVerify Inc., 7 Cal. 5th 133 (2019).

Scott also has an extensive appellate practice. He has authored appellate briefs before the U.S. Supreme Court, multiple federal circuits, and several state appellate courts.

A member of the Firm’s Fintech practice, Scott often represents clients in the blockchain industry and has won hard-fought cases at the pleading stage, on summary judgment and on jurisdictional grounds. In addition to other business disputes, Scott has defended multiple securities class actions over digital token sales involving some of the most high-profile blockchain projects.

Scott currently serves as the President of Equality California, the nation’s largest statewide LGBTQ+ civil rights organization. For a number of years, Scott taught a course in Constitutional Law to law students at USC Gould School of Law. Before joining Waymaker, Scott practiced at major law firms (Gibson Dunn & Crutcher; Howrey & Simon) and at a boutique plaintiff contingency shop. He graduated from UC Law San Francisco (formerly Hastings) in the top 1% of his class. He graduated summa cum laude and Phi Beta Kappa with a Bachelor of Science degree from The College of William and Mary.

Representative Engagements

Intellectual Property and General Commercial Litigation Disputes:

  • Won unanimous jury verdict for plaintiff client in an intellectual property dispute in federal court.
  • Obtained landmark summary adjudication decision in a copyright lawsuit filed by the major broadcast networks against defendant client, obtaining a first of its kind trial court ruling holding that a service that retransmits broadcast programming over the Internet is eligible for a compulsory copyright license as a cable system under the Copyright Act.
  • Aggressively defended patent-holder’s portfolio involving a novel hologram-like technology through infringement lawsuits and cease and desist efforts.
  • Currently representing plaintiff-client in trade libel dispute against several large financial institutions, defeating multiple motions to dismiss, an anti-SLAPP motion and motion to compel arbitration.
  • Defended and negotiated favorable confidential settlement for a client in an arbitration before the Financial Industry Regulatory Authority (FINRA) concerning allegations that client acted as a broker without a license.
  • Represented class representative in a class action against a hospital for the negligent publication of confidential medical information about patients on the Internet.
  • Won summary judgment for lessor of commercial aircraft in a breach of contract dispute against an airline.
  • Litigated insurance claims on behalf of multiple Fortune 500 companies in the energy and aerospace industry against insurance carriers for third-party liability claims and business interruption losses.
  • Represented the parents of two deceased teenagers in a wrongful death action against the U.S. Government arising out of the deaths of their children at an abandoned military bunker.
  • Won political asylum for a young Iraqi boy and his family after CNN covered the story of a terrorist attack on the boy in dozens of news articles and in a television special.
  • Prepared the direct and cross-examination of multiple witnesses in Perry v. Schwarzenegger, the historic federal court trial that struck down California’s ban on same-sex marriage on constitutional grounds.

FinTech/Crypto-Asset Disputes:

  • Defended corporate and officer clients in federal securities class action involving the largest digital token sale in history at several billion dollars.
  • Secured favorable settlement for the founders of a blockchain technology in one of the first class actions in the United States over digital token sale.
  • Obtained dismissal of complaint against cryptocurrency exchange client on jurisdictional grounds in an $80+ million dispute over an alleged conspiracy to steal and launder bitcoin.
  • Negotiated confidential pre-lawsuit settlement for plaintiff-client in the large seven figures in a dispute between founders of a blockchain company.
  • Obtained dismissal of oral breach of contract claim brought against the founder of a decentralized exchange.
  • Obtained dismissal of claims for conversion and receipt of stolen property brought against cryptocurrency exchange.
  • Won dismissal of negligence claim on the ground that defendant cryptocurrency exchange did not owe any legal duty to defendant.

Appellate Practice:

  • Obtained certiorari and won an appeal before the California Supreme Court, successfully overturning the lower courts’ dismissal of a trade libel lawsuit under California’s anti-SLAPP statute.
  • Defended clients in high-profile appeals in several federal circuits involving whether a service that retransmits broadcast programming over the Internet is eligible for a compulsory copyright license as a cable system under the Copyright Act.
  • Represented NBA Hall of Famer Elgin Baylor in an appeal in a discrimination case against Donald Sterling and the Clippers.
  • Authored amicus brief before the U.S. Supreme Court in a copyright dispute, which prompted questions from several Justices during oral argument and shaped the Court’s published decision.

Publications/Speaking Engagements

  • “California Supreme Court Poised to Consider anti-SLAPP Catch-All Framework”, Los Angeles Daily Journal (March 10, 2021)
  • “Over the top: The legal gridlock that hinders competition in the US streaming video market”, Intellectual Property Magazine (July/August 2019)
  • “What November Means for California Justice,” Los Angeles Daily Journal (October 29, 2012)
  • “SB 491: Protecting Consumers’ Right to Join Together,” Los Angeles Daily Journal (June 25, 2012)
  • Guest Panelist, American Psychological Association, Annual Convention (2011)
  • Key Note Speaker, Colorado GLBT Bar Association, Annual Awards Dinner (2011)
  • “The Alien Tort Statute: A Powerful Weapon Against Corporations Engaged in War Crimes,” Los Angeles Daily Journal (November 8, 2011)
  • “State Sponsorship and Support of International Terrorism: Customary Norms of State Responsibility”, 26 Hastings Int’l & Comp. L. Rev. 83 (2002)

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In 2021, Baker Marquart became Waymaker. Information on this website reflects results obtained by Baker Marquart. Please click here to learn more about our name change.