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Experience List
DWT
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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.

Bob Bob Scott, Jr.Robert
Partner
T202.973.4265
F202.973.4465
Bob Scott’s primary focus is the specialized laws affecting cable, telecommunications, and Internet service providers. He is an IAPP Certified Information Privacy Manager (CIPM). Bob advises clients on laws governing communications networks (including the federal Communications Act and rules of the FCC), information privacy, advanced advertising, cybersecurity, and data loss. Bob assists clients in transactions for the use of those networks, delivery of services, and the transfer of data. As an outgrowth of his counseling practice, Bob has deep experience as lead counsel in disputes across the country involving local fees on Internet services, federal preemption, First Amendment rights, access to public and private rights of way, and the use of utility poles. Bob has also led cases involving financial services, fraud, theft of trade secrets, unfair competition, and corporate contracts.

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

Counseling & Transactional

Privacy and Data Security

  • ISP counseling on privacy policies and privacy compliance, acceptable use policies, terms of service
  • Data collection, use, and protection, including advanced advertising, mobile apps, cybersecurity, data breach, CPNI
  • Law enforcement and third party demands for consumer data

Communications

  • Cable, telecommunications and ISP local franchising, fees and taxes
  • Cable, telecommunications and technology agreements, including broadband service to multi-tenant residential (MDU) and commercial properties, interconnection, wireless tower siting, easements and utility rights of way, pole attachments, video program carriage, last mile data transport

Media and First Amendment

  • First Amendment, defamation, FOIA, copyright, DMCA

Litigation

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)

Defend national ISP 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)

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 2013)

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. 773 F. Supp. 2d 103 (D.D.C. 2011). Constitutional tort action dismissed and affirmed by the Fourth Circuit. 565 F.3d 103 (4th Cir. 2009)

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)

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)

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 to telecom fees 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)

Additional Qualifications

  • Partner, Cole, Raywid & Braverman LLP, 1996-2006
  • Associate, Cole, Raywid & Braverman LLP, 1987-1995

Professional & Community Activities

  • International Association of Privacy Professionals
  • American Bar Association
  • Federal Communications Bar Association