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Scott is a partner in the firm's regional business practice group in the Tampa office. He leads the firm's franchise and distribution practice. He concentrates his practice in organizing and structuring franchise, multilevel marketing, dealership and other distribution programs, as well as assisting e-commerce, intellectual property and technology dependent businesses. Scott counsels clients on a wide spectrum of franchise, business, technology, intellectual property, health care, and antitrust law. He assists and advises clients with structuring new and existing franchise and distribution programs; complying with, and avoiding franchise and business opportunity laws; mergers, acquisitions, and sales of franchise and distribution systems; e-commerce; development and structure of technology-based companies; compliance with antitrust laws; enforcement of covenants against competition; development and protection of intellectual property rights; domain name disputes and ICANN dispute resolution procedures; RESPA compliance; and various brokerage licensing issues. In addition, he has assisted several companies with developing health care and technology driven franchise systems.
Another aspect of his practice consists of advising defense contractors and other homeland security related businesses in a wide spectrum of corporate, technology, licensing, government contracts and intellectual property issues. His clients have included those with operations in the United States, as well as in Afghanistan, Iraq, Kuwait and other nations.
In addition, his international licensing and distribution experience includes advising U.S. and foreign companies with foreign patent, trademark and copyright filings, enforcement and licensing, as well as negotiating foreign manufacturing, supply, distribution, commodities, licensing and intellectual property agreements.
Scott speaks and writes on various franchise, distribution, and business law topics. He has served as a panelist for International Franchise Association Legal Roundtables, and his articles have appeared in the ABA Franchise Law Journal, Francast and the Orlando Sentinel. Scott has also co-authored chapters on franchise law topics in The Franchise Desk Book (an ABA publication). He was named a 2009 Legal Eagle by Franchise Times.
To learn more about the firm's franchising practice and how we service clients in that industry, please visit:
Education
- Vanderbilt University Law School, J.D., 1997; Federalist Society
- University of Florida, B.A., with honors, 1994; Phi Beta Kappa
Memberships/Affiliations
- Member: The Florida Bar, Antitrust and Franchise Division; The Florida Franchise Association; Internet Business Association International, Tampa Bay Area (Sponsor); American Bar Association, Forum on Franchising; The St. Petersburg Underwater Club; Sportsman Protecting Ocean Resources Together; The Fishing Rights Alliance
- Admitted to Practice: Florida; United States District Court, Middle District of Florida
Publications/Speeches
- Co-Author: "So You Want to Purchase A Franchise. Now What?" FranchiseForum's Weblog (October 2008)
- Co-Author: "Franchising in Unique Venues," American Bar Association Forum on Franchising (October 2008)
- Speaker/Panelist: "Franchising in Unique Venues," American Bar Association Forum on Franchising, Austin, Texas (October 2008)
- Author, "Working With Small Businesses in the Government Contracting Market," Inside the Minds: Government Contracts Law Client Strategies, Aspatore Books (2008)
- Speaker, "One for All and All for One: Understanding and Improving the Franchisee/Franchisor Relationship," International Franchise Expo, Washington, DC (April 2008)
- Co-author, "When Are Sales Representatives Also Franchisees?", American Bar Association, Franchise Law Journal (Winter, 2008)
- Facilitator/Panelist: "Negotiating Franchise Agreements: Common Pitfalls and Winning Strategies From Both the Franchisor's and Franchisee's Perspective," International Franchise Association Annual Convention, Orlando, FL (February 2008)
- Speaker and Panelist, "Franchise Compliance: Selling Franchise Without Getting in Trouble," Franchise Expo South, Miami, Florida (January, 2008)
- Speaker and Panelist, "Can't We All Just Get Along? Legal Considerations and Misconceptions Affecting the Franchise Relationship." West Coast Franchise Expo, Los Angeles, CA (October 2007)
- Speaker, "Buying a Franchise: Key Pitfalls and Legal Issues Facing a Franchise Purchaser," Tampa Franchise and Business Opportunities Expo (September, 2007)
- Moderator, International Franchise Association (May, 2005)
- Co-author, "Perilous Prospects - Part II: Lawsuits To Get Into the Franchise System," American Bar Association Franchise Law Journal, (Summer 2003)
- Co-author, "Perilous Prospects - Part I: Lawsuits To Get Into the Franchise System," American Bar Association Franchise Law Journal, (Spring 2003)
- Contributing Author, "Supplement to Legal Aspects of Buying and Selling," 2nd Edition (2003, 2004 and 2005)
- Co-author, "Stealth Cyber Pirates Plunder the Web," FranCast, (September 2002)
- Co-author, "Double Indemnity," FranCast, (March 7, 2002)
- Speaker, "Doing Business In Cyberspace," Internet Business Association International and Tampa Bay International Business Association, (June 2002)
- Speaker, "Franchise Issues in a Volatile Economy," 2002 Legal Roundtable Series, International Franchise Association, Atlanta, Georgia (March 15, 2002)
- Co-author, Florida Law Chapter, "Franchise Desk Book - Selected State Laws, Commentary and Annotations," American Bar Association Forum on Franchising, (2001)
- Speaker, "Internet Law for Electronic Commerce in Florida," Lorman Educational Series, Tampa, Florida (February 21, 2001)
- Co-author, "Estimated Initial Investment Claims: Strict Liability or Strictly Folly," American Bar Association Franchise Law Journal, (Winter 2000)
- Contributing author, "Legal Aspects of Technology in Franchising," International Franchise Association, 2000 Legal Roundtable Series
- Speaker, Florida Franchise Association, (2000)
View the Full Bio at Phelps.com |