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

Scott Malzahn

Scott Malzahn is the Managing Partner of Waymaker. He represents both plaintiffs and defendants in civil litigation matters both at trial and on appeal. He frequently handles disputes involving intellectual property, fintech, securities, trade libel, anti-SLAPP law, and other business disputes. In addition to handling disputes in federal and state courts across the country, Scott represents clients in arbitration and in disputes before the Financial Industry Regulatory Authority (“FINRA”). As a member of the Firm’s Fintech practice, Scott frequently represents clients in the blockchain industry and has managed multiple securities class actions over digital token sales.

Scott has tried multiple cases to verdict and has successfully resolved many cases through motion practice or settlement. He and the Waymaker team recently won a jury trial in federal court, in which the jury invalidated two patents and found all 11 defendants liable for trade secret theft, trademark infringement, counterfeiting, and copyright infringement. He previously defended high-profile litigation involving a new media company and its owner in copyright litigation over the streaming of broadcast television over the internet. The Hollywood Reporter and Los Angeles Times characterized a summary judgment ruling in favor of the client as a “legal earthquake” that “could usher in a new generation of pay TV services online.”

Scott also is frequently consulted on anti-SLAPP law and has spoken on the subject. In a trade libel dispute between two commercial businesses, Scott crafted the winning 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.

Scott serves as the President of Equality California, the nation’s largest statewide LGBTQ+ civil rights organization. He was named a Legal Visionary 2022 by the Los Angeles Times Business of Law magazine based on his legal accomplishments, strong leadership and innovative strategies and a Leader of Law 2021 by Los Angeles Business Journal. He was recognized by this peers as a Southern California “Super Lawyer” (2024), as he has been since 2019. He was named a “Rising Star” from 2013 through 2017. 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 law at Howrey Simon, Gibson Dunn & Crutcher, and at a boutique plaintiff contingency shop.

He graduated from UC Hastings in the top 1% of his class, where he won a state-wide 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

  • Following a two week federal trial, obtained an unanimous jury trial verdict in favor of plaintiff client against 11 defendants on 7 separate causes of action, including trade secret misappropriation, breach of contract, trademark infringement, copyright infringement, and invalidation of two patents. Defeated earlier summary adjudication motion, won about $100,000 in monetary sanctions for violation of a preliminary injunction, and prevailed on multiple other pre-trial motions.
  • Defeated anti-SLAPP motion and motion to dismiss based on arbitration agreement in a case brought by plaintiff client against large financial institutions for defamation, trade libel, intentional and negligent tortious interference with contract and other claims.
  • Won dismissal of breach of contract claims at the pleading stage in a lawsuit against client seeking about $80 million in contract damages based on allegations that the client had an oral agreement with plaintiff that entitled him to a percentage of the client’s business. After trial court dismissed the plaintiff’s contract claims, the plaintiff’s lawyer withdrew from his representation of plaintiff.
  • Won a “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 a patent-holder’s portfolio through patent infringement lawsuits and cease and desist efforts, involving a novel hologram-like technology that was used in high-profile performances by the estates of various celebrities and others.
  • After filing motion to dismiss, negotiated a proposed settlement of a high-profile securities class action brought against clients involving the largest digital token sale in history at several billion dollars.
  • Following motion to dismiss practice and discovery that resulted in the withdrawal of the original named plaintiff, secured a favorable settlement for the founders of a blockchain technology who were sued for securities violations in one of the first class actions in the United States over a digital token sale.
  • Won dismissal of lawsuit brought against client for conversion and receipt of stolen property, where plaintiff alleged that stolen funds belonging to him were transferred to a cryptocurrency exchange.
  • Won dismissal of negligence claim brought against client under economic loss doctrine, after plaintiff’s binding admissions in an appeal from an arbitration ruling demonstrated that client owed no legal duty to the plaintiff.
  • Negotiated a highly favorable pre-lawsuit settlement for the client in the large seven figures in a confidential dispute between the founders of a blockchain company, following the exchange of demand letters and a draft complaint.
  • Following discovery and a coordinated strategy, negotiated a favorable settlement for a client in a confidential arbitration before the Financial Industry Regulatory Authority involving allegations that client was acted as a broker without a license.
  • Represented the named plaintiff in a privacy class action against a major health care provider involving allegations that the defendant violated the privacy of hundreds of patient by negligently allowing the publication of their medical information on the Internet.
  • Won summary judgment in favor of a client in a breach of contract dispute filed on behalf of a major commercial airline lessor against an airline.
  • Litigated insurance claims on behalf of multiple Fortune 500 companies in the energy and aerospace industry 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.
  • 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.
  • 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.

Appellate Practice

  • 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. The unanimous opinion of the California Supreme Court is now the leading case under the catch-all provision of the anti-SLAPP statute and has been cited hundreds of times.
  • Defended clients in multiple closely-watched copyright litigation appeals before the Ninth, Seventh and D.C. Circuits involving the legal question of 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 an 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)

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.