scott-malzahn

Scott Malzahn

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Scott Malzahn is a Co-Managing Partner of the firm and has established a reputation for handling cutting-edge civil lawsuits in federal, state and appellate courts. His client’s disputes often involve intellectual property, anti-SLAPP law, as well as in disputes before the Financial Industry Regulatory Authority (“FINRA”) and other arbitral bodies.  

In the emerging technology sector, Scott represents businesses and individuals in securities, copyright and other commercial litigation. He has successfully defended against founders of a blockchain technology against one of the first-class actions in the United States over allegations that a digital token sale violated federal securities law.

He recently defended a new media company and its owner in copyright litigation in trial court and on appeal over the streaming of broadcast television over the internet. The Hollywood Reporter and Los Angeles Times characterized a positive ruling for the client as a “legal earthquake” that “could usher in a new generation of pay TV services online[.]”  

Scott is active in the political community and the Vice President of Equality California, the nation’s largest statewide LGBTQ+ civil rights organization.  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.  

Scott has taught courses on Constitutional Law and Contracts to law students as an Adjunct Professor at USC Gould School of Law. He 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.    

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

  • Represents a leading software company in the blockchain sector against a putative class action alleging that a digital token sale that raised more than $4 billion worth of cryptocurrencies violated federal securities law.
  • 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
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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.