Attorneys

Education

University of Iowa College of Law, J.D., With Distinction

Washington University in St. Louis, B.S., Magna Cum Laude

Bar & Court Admissions

  • Minnesota
  • Iowa
  • Alaska
  • U.S. District Court District of Minnesota
  • U.S. District Court Northern District of Iowa
  • U.S. District Court Southern District of Iowa
  • U.S. Court of Appeals 8th Circuit
  • U.S. Court of Appeals Federal Circuit
  • U.S. Patent and Trademark Office
  • U.S. Supreme Court

Clerkships

  • Honorable Kevin G. Ross, Minnesota Court of Appeals
Overview
Experience
Affiliations
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Scott Flaherty is a member of the Intellectual Property section and practices principally in the areas of intellectual property, complex commercial, regulatory and criminal matters.

Intellectual Property & Technology
Scott is licensed to practice before the U.S. Patent and Trademark office. He has substantial intellectual property, technology and data law experience before state, federal and administrative courts, including:

  • Defended surgical-device company against claims of patent infringement and fraudulent transfer of intellectual property and against temporary restraining order.
  • Represented plaintiff in patent and trademark litigation regarding commercial-printing technologies.
  • Negotiated patent licenses from federal government for biotechnology company.
  • Representation of engineering firm in investigating and litigating against former employees who took hundreds of thousands of digital files and started a competing enterprise.
  • Defended national marketing company against claims of trade dress, copyright infringement and unfair competition.
  • Advised client regarding multi-state data breach response and remediation, avoiding civil litigation and criminal charges.
  • Represented a technology journalist in data-practices-act suit against a county and its sheriff, resulting in the imposition of the maximum fine allowed by law.

Complex Civil, Regulatory & Criminal Matters
Scott has a range of business litigation experience, especially at the intersection of regulatory and criminal laws. Examples include:

  • Secured a TRO in litigation involving real estate fraud and coordinated with governmental authority’s related investigation.
  • Represented business owner in connection with Ponzi scheme allegations; avoided prosecution and settled civil claims on a confidential basis without litigation.
  • Regularly counsels and defends clients on antitrust matters including pricing issues, purchasing groups, participation in standard-setting organizations and communications with competitors.
  • Successful representation of national distribution company in connection with supply chain litigation involving consumer chemicals.
  • Secured summary judgment for supercomputer manufacturer against warranty claim for more than $850,000.
  • Defending owner of nursing care agency against felony charges of $2.7 million medical-assistance fraud.
  • Obtained a new trial for owner of a recreational-boating company in connection with allegations of failure to pay state funds, failure to pay income tax, failure to file a tax return and theft exceeding $750,000.
  • Won a 137-page order dismissing all criminal charges in connection with the Black Lives Matter rally at the Mall of America in December 2014.

Appeals
Scott has substantial experience in state and federal appellate courts. Examples include:

  • Vacated fraudulent-transfer judgments totaling over $1.2 million entered against a CEO and a related corporation.
  • Obtained a new trial, and eventual dismissal, from the Minnesota Supreme Court for a client who had been convicted under an unconstitutional statute.
  • Secured affirmance from Iowa Court of Appeals of recovery on breach-of-contract claim involving interstate trucking services.
  • Convinced the Minnesota Supreme Court to overrule 20 years’ of case law on immunity and reinstate lawsuit brought by owner of a health clinic against governmental investigator.  

Pro Bono and Community Involvement
Scott serves children through the Children's Law Center and represents adults pro bono through the Federal Bar Association's Pro Se Project and the Volunteer Lawyer's Network.

Scott is an active leader in the community. He serves on the board of the ACLU-MN, Minnesota’s leading civil-liberties group,  and on the board of St. Paul’s Hallie Q. Brown Community Center, an African-American, nonprofit social-service agency. Scott chairs Hallie Q. Brown’s Programs and Public-Policy Committee. He also is an adjunct professor at the University of St. Thomas Law School, teaching appellate advocacy.

Scott is the former chair of the Minneapolis Commission on Civil Rights, and a former member of the board of the Eighth Circuit Bar Association and its former newsletter editor.

Within the firm, Scott is the co-chair of the firm’s Diversity Committee and a member of its Recruiting Committee.

Before becoming an attorney, Scott worked in the IT department of a bank holding company and then as a researcher studying cellular signaling pathways in mammalian cells.

While in law school, Scott was the executive editor for the Journal of Corporation Law.

Honors & Awards

  • 2016 Social Justice Award, National Lawyers Guild of Minnesota
  • North Star Lawyer, Minnesota State Bar Association

Experience

Professional Affiliations

Minnesota State Bar Association, Member

Federal Bar Association, Member

Minnesota Intellectual Property Law Association, Member

Minnesota Lavender Bar Association, Member

Minneapolis Civil Rights Commission, Former Chairman

Events