Scott Nathan

E: scott.nathan@fisherbroyles.com

T: (508) 259-6359

Boston Office

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Practice Areas:

  • Commercial Litigation
  • Commercial Transactions
  • Cyber-Risk, Privacy & Data Security
  • FinTech and Blockchain
  • Insurance
  • Litigation & Risk Mgmt
  • Political Law & Litigation
  • TCPA Practice Group

Bar Admissions:

  • United States Supreme Court
  • United States Court of Appeals, First Circuit
  • Massachusetts (State, U.S. District Courts)

Education:

  • Suffolk University Law School, J.D. 1983
  • Syracuse University, B.A., Political Science and TV/Radio Production

Large Law Firm Experience:

  • Gadsby Hannah LLP (1999-2001)

Mr. Nathan uses his experience as outside general counsel, litigator and entrepreneur to help his clients grow, protect and successfully exit their businesses while mitigating risk in a practical, holistic way.  His goal is to provide each client with meaningful, value-driven assistance.

Scott served as outside general counsel and a Director of a supply chain company that began in the founder’s basement and became a global brand with offices in Europe, Asia, Central America and the U.S.  He has served in various roles, including corporate counsel, director and investor, in companies in the energy, mobile technology, supply chain, healthcare, software and social networking industries, providing him with insight into the strategy, operation and management of his clients’ enterprises.  Scott’s regular practice includes negotiating agreements with multinational clients and vendors, managing IP, directing compliance with federal, state and international data privacy and security laws, supervising foreign counsel and litigation counsel, and negotiating strategic partnerships and acquisition transactions.

Scott has also spent many years litigating cases in federal and state courts and arbitration tribunals in matters that include data security, insurance coverage, corporate founder disputes, intellectual property infringement, telephone consumer protection and environmental matters.  His experience as a litigator enables him to advocate for his clients in any form and forum.

In addition to his law practice Scott spends time assisting non-profit organizations, including The Letters Foundation, India Youth Fund, Inc. and the Pine Street Inn, and protecting voting rights.  He is a graduate of Syracuse University, with dual majors in political science and television and radio production, and Suffolk University Law School.

  • Representative work as outside general counsel includes:
    • Advise and support compliance with the EU Data Privacy Directive and the General Data Protection Regulation
    • Negotiate service and license agreements with multinational clients in the telecommunication, broadband, life science, utility, computer networking, medical products and transportation industries
    • Manage compliance with various federal and state laws, including the Telephone Consumer Protection Act, Telemarketing Sales Rule and Gramm-Leach-Bliley
    • Create internal data protection, disaster recovery policies
    • Provide day-to-day support for business operations
    • Negotiate international partnership agreements with clients, vendors
    • Represent company in investor transactions
    • Advise company about insurance coverage issues
  • Representative litigation experience includes:
    • Represent web design and service company against claims of violating federal Computer Fraud & Abuse Act
    • Represent various parties in cases involving contaminated property and claims of “stigma” damages
    • Represent insurance companies in defense of claims by large industrial companies seeking insurance coverage for historic contamination of properties throughout US
    • Represent company in dispute arising from non-competition agreement
    • Represent author of copyrighted work in case concerning infringement of copyright, trademark
    • Of counsel in software patent infringement cases representing patent holder
    • Represent energy service company in dispute with largest US natural gas pipeline company
    • Represent commercial HVAC company in defense of claims by school district concerning indoor air pollution

Publications

  • “Keeping the Wizard’s Curtain Closed: Protecting Personal Data,” Cutter Consortium Email Advisor (April 2004)(www.cutter.com)
  • “Risk Allocation and Insurance: The Basics,” Cutter Consortium Email Advisor (March 2004)(www.cutter.com)
  • “Words for the Wise About Vendor Contracts,” Cutter Consortium Email Advisor (October 2003)(www.cutter.com)
  • “The USA Patriot Act: The Beginning of a Dialogue for IT Management,” Vol. 6, No. 12 Cutter Consortium Business IT Strategies Update (September 2003)(Published by Cutter Consortium, Inc.)
  • Co-author, “The Legal Framework For Protecting Intellectual Property In The Field Of   Computing And Computing Software,” Chapter 12, Computer Security Handbook (4th ed. 2002)(Published by John Wiley & Sons, Inc.)
  • Co-author, “Fundamentals of Intellectual Property Law,” Chapter 11, Computer Security Handbook (5th ed. 2008)(Published by John Wiley & Sons, Inc.)
  • Co-author, “Fundamentals of Intellectual Property Law,” Chapter 11, Computer Security Handbook (6th ed. 2013)(Published by John Wiley & Sons, Inc.)