Malouf Scott (2)Technology changed how we work. It also created unforeseen legal issues that make headlines (and headaches) daily: data breaches, eDiscovery battles, new ethical challenges, BYOD, social media “fails” and unprecedented access to information are more. Attorney Scott Malouf focuses on one of the most dynamic challenges for lawyers and their clients – social media law. Whether assessing potential Facebook evidence, considering computer claims that might be asserted or managing discovery of social media ESI, Scott helps litigators weave social media into all aspects of claims and litigation.

Scott’s background is in litigation. He began his career working on personal injury claims and then branched out into commercial litigation, construction matters and more. As his work took him into eDiscovery he realized that it was a stand-alone discipline and that smaller firms could use guidance addressing the developing area. The amazing growth and breadth of social media multiplied eDiscovery and legal challenges. Scott refocused his work – to both tackle social media as part of eDiscovery and to address social media‘s broader legal impact for organizations. Today, he helps litigators turn social media into court-ready evidence, reduce the cost of social media discovery, find evidence in unexpected places and identify new claims and strategies arising from social media. Additionally, he also assists corporate and business attorneys in creating corporate social media programs that achieve business, compliance and legal objectives.

Scott also writes and speaks extensively about social media. He has appeared on local National Public Radio (NPR) stations, before the National Advertising Division (part of the BBB), on behalf of the American Board of Trial Advocates, on the eve of ABA TECHSHOW, in podcasts and other forums. He is a frequent CLE presenter, including for the American Bar Association and New York State Bar Association. He has also been quoted in legal publications such as Law360 and the ABA BNA Lawyers’ Manual on Professional Conduct.

When he’s not in looking at a screen, you can find him mountain biking and cooking – two hobbies which feed (sorry, couldn’t resist) one another.

What he loves about eDiscovery
Social media reinvents itself every 9 months. This means there are always new things to learn and new ways to win.
Did you know
…that after a court appearance, Scott stopped at somewhat dilapidated house that the National Park Service was rehabbing and, by chance, was lucky enough to meet and tour the house with a descendent of Elizabeth Cady Stanton.

Select Articles/CLEs

CLE: Social Media and Its Effect on the Jury System/Ethical Issues Relating to Social Media Communications and Jurors
NYSBA Commercial and Federal Litigation Section Spring Meeting
May 14, 2016

CLE: Social Media, Legal Ethics and the Rules of Professional Conduct
National Advertising Division (NAD) Annual Conference 2015
September 29, 2015

Social Media Law: Exploring Social Media’s Role in Notable Litigation with Reporter Gary Craig
NY Daily Record
July 30, 2015

Presentation: Justice Isn’t Hyperlinked – How the Digital Age Can Impact a Judge and Jury’s Ability to Protect Our Rights to a Civil Jury Trial
2015 National Law-Related Education Conference – American Bar Association – ABOTA
October 30, 2015

Select Media & Webinars

Radio Show: “Right to Yelp” Laws
WXXI Radio
April 6, 2016

Webinar: Your Client Posted What!?! Top Social Media Concerns For Lawyers & Clients
MyCase
March 23, 2016

Radio Show: When do negative online reviews become defamation?
WBEZ (Chicago)
April 15, 2015

Radio Show: Social Media and Privacy Protection Laws
WXXI Radio
March 9, 2016

ABA Webinar: Bring Your Own Device (BYOD): Ethical and Practical Risks/Rewards of Using Smartphones & Tablets for Work
American Bar Association
January 13, 2016

Speaking Engagements

  • Real world cyber security for legal professionals – 2016 New York Law Journal Litigation Summit CLE
  • Data Security implications for litigators – December, 2015
  • Cloud computing legal issues, risks and claims – 2015 The Legal Intelligencer Litigation Summit
  • After the breach, before the next one – 2015 New York Law Journal Litigation Summit CLE
  • BYOD in a Litigious Environment – New York Law Journal, May 2014
  • Information Governance in a Big Data World – CLE Webinar, April 2014
  • E-Discovery Issues that Affect Your Practice – 2013 The Legal Intelligencer Litigation Summit
  • E-Discovery for the Small Firm and Solo Practitioner, July 2013
  • Advanced E-Discovery Search Tools to Find the Smoking Gun and Reduce Costs – February 2014
  • E-Discovery Essentials for Paralegals – December, 2013

Awards

  • Outstanding Service Award
    Commercial and Federal Litigation Section of the New York State Bar Association
    May 2014

Admissions

  • New York and Massachusetts State Bars

Memberships

  • American Bar Association, New York State Bar Association

Education

  • Vanderbilt University, JD – Law
  • Hamilton College, BA – Government & History

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