Baker Marquart Client Resource Center: COVID-19 Client Advisories
scott-malzahn

Scott Malzahn

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Scott Malzahn is a civil litigator, with extensive experience in intellectual property, anti-SLAPP law, financial technology, class actions, fraud and commercial disputes. He has successfully represented Fortune 100 companies and individual clients at all stages of litigation, ranging from pre-dispute resolution through trial and appeal. Scott regularly represents clients in federal and state court, as well as in disputes before the Financial Industry Regulatory Authority (“FINRA”) and other arbitral bodies. He has successfully obtained favorable court decisions through motion practice, has tried cases to verdict, and has negotiated favorable settlements in order to achieve the client’s objectives.

In addition to his trial practice, Scott is regularly consulted on appeals. He has handled high-profile appeals in federal circuit courts around the country, and has authored amicus briefs before the U.S. Supreme Court that have attracted the attention of the Justices in oral argument. Recently, Scott won an important victory for a client before the California Supreme Court in a libel dispute in which the firm convinced the Court to reverse the appellate court’s decision. Based on the firm’s argument, the high court articulated a new legal framework for the “catch-all” provision in California’s anti-SLAPP statute.

Scott is actively engaged in the legal and political community and uses his talents to give back to the community. He was a core member of the trial team in Perry v. Schwarzenegger, which won a historic federal court decision striking down California’s ban on same-sex marriage on constitutional grounds. He also 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 on television. He is the Vice President of Equality California, the nation’s largest statewide LGBTQ+ civil rights organization.

The legal community has recognized Scott for his accomplishments. He has taught courses on Constitutional Law and Contracts to law students as an Adjunct Professor at USC Gould School of Law. He also has been recognized by his peers as a “Super Lawyer” in Southern California in 2019 and 2020. He was named a “Rising Star” from 2013 through 2017.

Scott graduated from UC Hastings in the top 1% of his class, where he won an intercollegiate moot court competition and received a prestigious scholarship from law school faculty. He graduated summa cum laude from The College of William and Mary with a Bachelor of Science degree. He was selected by his college faculty to join Phi Beta Kappa, and worked during college as a Ropes Course Instructor. He enjoys playing beach volleyball.

Representative Engagements

Trial Practice

  • Represents the co-founders of a leading blockchain technology in high-profile securities class actions pending in federal and state court, in which the plaintiffs seek to recover more than $232 million worth of cryptocurrencies on the ground that a fundraiser was an unregistered securities offering
  • Represents multiple clients in confidential arbitrations before the Financial Industry Regulatory Authority (“FINRA”)
  • Defended an emerging technology business against a series of copyright lawsuits brought by the major broadcast networks in federal court and successfully won a landmark summary judgment decision, 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
  • Successfully prosecuted a series of patent infringement actions on behalf of patent holders to protect their interests in a novel hologram-like technology
  • Successfully prosecuted a class action against a major health care provider on behalf of hundreds of patients who privacy was compromised due to the publication of their information on the Internet
  • Represented a major commercial airline lessor in a breach of contract dispute against an airline and successfully obtained summary judgment
  • Represented Fortune 500 companies in the aerospace and energy industries in lawsuits against their insurance carriers for third-party liability claims and business interruption losses
  • Represented the parents of two decedents in a wrongful death action against the United States arising out of the deaths of their children at an abandoned military bunker
  • Represented a young Iraqi boy and his family in an immigration proceeding and successfully obtained asylum for them

Appellate Practice

  • Won a writ of certiorari and appeal to the California Supreme Court, which resulted in an unanimous opinion overturning the trial court and appellate court’s dismissal of a libel lawsuit between two private businesses under California’s anti-SLAPP statute
  • Defended a new technology company in appeals before the Ninth, Seventh and D.C. Circuits in high-profile copyright litigation against the major broadcast networks
  • Represented NBA Hall of Famer Elgin Baylor in his appeal in a discrimination case brought by him against Donald Sterling and the Clippers
  • Authored an amicus brief before the U.S. Supreme Court in a copyright dispute, which attracted the attention of several Justices during oral argument and shaped the Court’s decision

Publications/Speaking Engagements

  • “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)

Admissions

  • California
  • Ninth Circuit Court of Appeals
  • Central District of California
  • Northern District of California
  • Southern District of California
  • D.C. Circuit Court of Appeals