Related Practices

Admitted to Practice

U.S. Supreme Court, 1991
District of Columbia, 1989
Virginia, 1987
U.S. Court of Appeals D.C. Circuit, 1993
U.S. Court of Appeals 2nd Circuit, 2005
U.S. Court of Appeals 4th Circuit, 1987
U.S. Court of Appeals 7th Circuit, 2003
U.S. District Court District of Arizona, 1997
U.S. District Court District of Columbia, 2010
U.S. District Court Northern District of Illinois, 2002
U.S. District Court District of Maryland, 2002
U.S. District Court Eastern District of Michigan, 2008
U.S. District Court Eastern District of Virginia, 1989
U.S. District Court Western District of Virginia, 2006

Robert G. Scott, Jr.

Partner

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Washington, D.C.

T202.973.4265

F202.973.4465

Bob Scott is a veteran trial and appellate lawyer whose primary focus has been the specialized laws affecting cable, telecommunications, and Internet service providers. Bob has handled disputes across the country that involve federal preemption, First Amendment rights, access to public and private rights of way, local service fees, and contracts for the use of utility poles. Bob has also led cases involving financial services, fraud, theft of trade secrets, and other contract disputes. He complements his broad litigation practice counseling clients on laws governing communications networks (including the federal Communications Act), information privacy, cybersecurity, and data loss.

From 2007-2011, Bob served as Co-chair of the firm's Communications practice. He is a member of the firm's Communications practice as well as its Litigation Steering Committee.

Representative Experience

Competitive pricing litigation

Represented national provider of cable television, Internet, and telephone services defending claims of improper price competition and business torts in multi-forum litigation brought by competitor. (Cir. Ct., Wood Cnty, (W.V.) 2007, S. Ct. (W.V.) 2011, W. Va. PSC Ongoing)

Defend broadband services provider against claims of breach of contract and federal preemption

Lead counsel defending claims that broadband service provider violated municipal contract and federal communications law through its compliance with new pro-competitive state video franchise laws. (Ongoing)

Privacy practices for advanced advertising, data analytics, broadband service providers

Counsel on implications of evolving privacy frameworks at both the federal (FTC, Department of Commerce, White House, Congress) and state (attorneys general, legislatures and commissions) levels. (Ongoing)
Advise on privacy policies, terms of use, data security, data breach incident response, opt-in and opt-out systems, mobile apps, behavioral advertising, and compliance with COPPA, CAN-SPAM Act, the USA Patriot Act. (Ongoing)

Mar-Jac Poultry v. Katz, et al., Unus v. Katz, et al.

Defended author of book “Terrorist Hunter” against two libel suits and one constitutional tort action arising out her investigation of Muslim charities' alleged funding of terrorism. One libel suit dropped, summary judgment granted in the other, constitutional tort action dismissed and affirmed by the Fourth Circuit. 565 F.3d 103 (4th Cir. 2009); 773 F. Supp. 2d 103 (D.D.C. 2011)

Amazon.com v. Kenneth Lay, Secretary, North Carolina's Department of Revenue

Obtained declaratory judgment that North Carolina's request for information about customers' choices of expressive material violates the First Amendment and the Video Privacy Protection Act. 758 F. Supp. 2d 1154 (W. D. Wash. 2010)

Broadband plant relocation counseling

Represented major cable operator obtaining municipal reimbursement for costs associated with the relocation of cable system as part of various municipal improvement projects. (2010)

Competitive services in multiple dwelling buildings for national cable service provider

Represent national provider before the Federal Communications Commission in proceedings concerning exclusive cable television service in condominiums, apartments, and other MDUs. (FCC 2010)

Defend cable MSO against challenge to change of access channel location and format

Lead counsel defending against claims brought by several cities challenging service provider's plan to change the channel location and format of public, educational and educational access channels. (U.S.D.C. 2008, FCC 2010)

Defend national provider of cable services against claims for Internet access service fees

Lead counsel for national provider of broadband services against claims of cities seeking payment of local franchise fees on revenue received by the cable provider from its provision of broadband Internet access service. (State S. Ct. 2008, State Ct. App. 2010)

Pole attachment rate litigation for national provider of broadband services

Won motion to dismiss utility complaint company demanding higher pole attachment payments for the operator's provision of telecommunications and voice services over its cable system. (U.S.D.C. 2010)

Defend broadband services provider in putative class action

Defend national provider of broadband services in a putative class action by the residents of an area of a county annexed by a city. Dismissed with prejudice by trial court and affirmed on appeal. 150 Wash. App. 721, 208 P.3d 1261 (2009)

New Jersey Telecommunications Association et al. v. Fox

Counsel for national cable television operator in a case challenging requirements under New Jersey law for cable operators to allow competitors to use their cable networks. (D.N.J. 2008)

Television dispute over cable carriage

Lead counsel defending a complaint filed by TV station concerning carriage of the station on cable systems. (FCC 2008)

Defended challenge to multi-billion dollar merger

Lead counsel defending against claims that broadband service provider unlawfully closed multibillion-dollar acquisition of cable systems. (St. Ct. 2006, aff’d, St. Ct. App. 2007)

In re Adelphia Communications Corp.

Defend debtor’s estate against contested claims under executory contracts in complex bankruptcy proceeding. (S.D.N.Y. Bankr. 2007)

In re Metromedia Fiber Network, Inc.

Defend debtor's estate against claims under executory contract in bankruptcy court and on appeal. (S.D.N.Y., 2005, settled during appeal, 2d Cir. 2006)

TCG New York, Inc. v. City of White Plains

Lead trial counsel in landmark case under Section 253 of Communications Act. 125 F. Supp. 2d 81 (S.D.N.Y. 2000), aff’d, 305 F.3d 67 (2d Cir. 2002)

In C/R TV, Inc. v. Shannondale, Inc.

Lead counsel establishing right of cable company to use utility lines and private roads within real estate development. 27 F.3d 104 (4th Cir.1994)

1108 K Street Assoc. v. Jewett

Lead counsel defending former general partner’s right to indemnification for partnership's contingent environmental remediation liability. (E.D. Va. 1991, 4th Cir. 1992)