Scott H. Marder
Scott H. Marder practices in the areas of complex business, commercial and construction litigation, including class action defense. He has significant experience in the banking, real estate, construction and gaming industries. In his twenty years of practice, Mr. Marder has represented some of the nation’s largest and most successful real estate development and gaming companies. He has represented commercial, hotel and residential developers, property owners and contactors in cases relating to contract disputes, delay claims, mechanics liens, construction defects, water intrusion and mold, insurance coverage disputes, bid protests and zoning matters. In the gaming industry, Mr. Marder served for over four years as senior in-house counsel of a well-known and successful gaming company. In that capacity, he gained extensive experience in the business and legal issues that arise in the development and operation of commercial and Native American casinos and hotels and handled some of the most high-profile gaming related litigation in the United States. With this background, Mr. Marder has represented clients in connection with the Maryland gaming licensure process.
Mr. Marder has significant experience representing financial institutions in commercial litigation and lender liability actions. He has represented banks in Fair Credit Reporting Act and Fair Debt Collection Practices Act litigation. He has extensive experience representing clients in business litigation, including cases involving breach of contract, business torts, unfair and deceptive trade practices, fraud, conspiracy, breach of fiduciary duty, directors and officers liability and shareholders derivative claims. Mr. Marder has also represented clients in numerous business divorce cases. A unique area of Mr. Marder’s practice involves protecting the constitutional rights of businesses when local government officials overstep their bounds. Mr. Marder’s background as a former prosecutor has given him insight when representing clients in matters involving allegations of fraud, breach of fiduciary duty and other misconduct in business transactions.
Mr. Marder is adept at finding creative solutions to clients’ problems. He is experienced with alternative dispute resolution, including mediation and arbitration. In those instances where litigation is necessary, Mr. Marder has significant experience, having tried over 100 cases, most in front of juries.
Prior to entering private practice, Mr. Marder served for six years as assistant state attorney for the Eleventh Judicial Circuit in Miami, Florida.
Mr. Marder graduated magna cum laude from the University of Miami School of Law, in 1991, where he was associate editor of the University of Miami Inter-American Law Review, president of the Moot Court Board and elected to the Order of the Coif. Mr. Marder received his B.S., with honors, from Florida International University in 1987.
- Obtained on behalf of the special committee of the Board of Directors of JAVELIN Mortgage Investment Corp. (NYSE: JMI) a denial of a motion for preliminary injunction during class action litigation in Maryland, which allowed the completion of the sale of all the shares of JAVELIN to ARMOUR Residential REIT, Inc. (NYSE: ARR).
- Defended and successfully resolved multiple class action lawsuits against publicly-traded REIT’s, and their officers and directors, asserting causes of action arising out of publicly-announced merger transactions.
- Represented a Chinese Fortune 500 company in a dispute over control of a real estate development company created to build a $400 million mixed-use project. Prevailed in a trial that determined that a critical corporate governance document was forged.
- Recovered in excess of $700 million for the developer of two Native American casinos, in litigation brought by a Native American tribe alleging that the developer’s agreements with the tribe violated the federal Indian Gaming Regulatory Act and tribal ordinances.
- Defended a national gaming company in fraud litigation seeking $1 billion in damages.
- Obtained a settlement in excess of $25 million from one of the largest retailers in the United States, in an action for breach of an exclusive requirements contract, brought on behalf of a manufacturer of retail products.
- Obtained a multimillion-dollar arbitration award and judgment in favor of the seller of an international travel business, following a complex, two-and-a-half month arbitration proceeding, litigating the accuracy of the business’ financial statements.
- Defended one of the largest boat show promoters in the United States in multiple injunction actions brought by a mega-yacht manufacturer. Yachting Promotions, Inc. v. Broward Yachts, Inc., 792 So. 2d 660 (Fla. 4th DCA 2001).
- Represented numerous clients in non-compete litigation, including many TRO and preliminary injunction proceedings.
- Represented multiple Maryland REITs in class action and derivative litigation brought by shareholders objecting to mergers.
Real Estate and Construction
- Represented a real estate developer in South Florida in Bert J. Harris Act and Civil Rights Act litigation against a city that down-zoned its property to block construction of a luxury condominium tower.
- Defended numerous lawsuits on behalf of residential real estate developers in turnover litigation with condominium and homeowners associations.
- Represented a large, publicly traded real estate developer in litigation against the manufacturer of concrete used in the construction of revetments/seawalls for a high-end, waterfront residential community.
- Defended the developer of two condominium towers, located in a coastal hurricane zone, in turnover litigation with the condominium association, alleging that the windows and roofing systems failed to meet the building code’s wind load standards.
- Represented numerous real estate developers and property owners in litigation alleging the presence of mold in commercial and residential buildings.
- Represented a quadriplegic homeowner against a government notice of violation alleging that the homeowner violated FEMA’s “50% rule” by making modifications to his home to accommodate his disability.
- Defended a large, national bank in federal court, at the trial and appellate levels, against claims brought by a residential borrower, obtaining dismissal of all claims.
- Represented a national bank in litigation brought by a borrower seeking to extinguish a mortgage on land purchased to develop a residential project.
- Represented multiple banks in fraudulent transfer and breach of personal guaranty litigation.
- Represented a mortgage servicer in litigation against sub-servicer, alleging that the sub-servicer failed to comply with Servicing Agreement.
- Represented numerous banks in Fair Debt Collection Practices Act, Fair Credit Reporting Act and lender liability litigation.
- Advised gaming companies in connection with gaming applications before the Maryland Lottery and Gaming Control Commission.
- Represented clients in litigation alleging fraud in the collection of signatures on petitions to place a constitutional amendment permitting slot machines on a state-wide ballot. Floridians Against Expanded Gambling v. Floridians for a Level Playing Field, 945 So.2d 553 (Fla. 1st DCA 2006).
Areas of Practice
- Commercial Litigation
- Construction Litigation
- Real Estate and Zoning Litigation
- Professional Liability
- Gaming Law
- White-Collar Litigation
- Government Investigations
- U.S. District Court for the District of Maryland
- U.S. District Court for the Southern District of Florida
- U.S. Court of Appeals for the Fourth Circuit
- University of Miami School of Law, J.D., magna cum laude, 1991
– Order of the Coif
– Associate Editor, University of Miami Inter-American Law Review
- Florida International University, B.S., with honors, 1987
- American Bar Association
– Litigation Section
– Forum of the Construction Industry
- Bar Association of Baltimore City
– Legislation Committee, 2009-2013
- Maryland State Bar Association
– Litigation Section
– Real Property, Planning and Zoning Section
– Litigation Technology Subcommittee
- The Florida Bar
– Committee on Relations with Certified Public Accountants, 2004-2005
- Broward County Bar Association
– Chair, Commercial Law Section, 2001-2002
– Bench and Bar Committee, 2004-2005
Honors and Awards
- Selected to Maryland Super Lawyers, 2012-2017
- AV Preeminent® Peer Review Ratedby Martindale-Hubbell®
Civic and Charitable Activities
- Maryland Science Center Board of Trustees
– Member, 2010-present
- Maryland Corporate Council
– Chairman of the Board of Directors, 2012-2016
- Greater Baltimore Committee
– Planning and Project Development Committee, 2009-2012
– Inner Harbor Task Force, Co-Chair, 2010-2011
- Leadership Council on Legal Diversity Mentoring Program
– Baltimore City Lead
- City of Hollywood Airport Advisory Committee
– Chair, 2002-2005
- Broward County Marine Advisory Committee
– Member, 2002-2005
- Minority Development and Empowerment, Inc.
– Director, 2000-2005
– Chairman of the board of directors, 2001-2002
- Leadership Broward Class XIX, 2000-2001
- Sun Sentinel Diversity Venture Fund
– Grant Review Panel Member, 2001
- Emerald Hills Homeowner’s Association of Hollywood, Inc.
– Treasurer and Director, 1999-2005
- Hollydogs Greyhound Adoption
– Volunteer, 1995-2005
- Author, Legal Insomnia Blog
- Author, “3 Quick Tips to Improve Email Security,” Legal Insomnia Blog, February 15, 2017.
- Author, “You Were Just Appointed General Counsel – Now What?,” Legal Insomnia Blog, February 7, 2017.
- Author, “Data Breaches, Part 4 – Are Your Vendors A Weak Link?” Legal Insomnia Blog, February 6, 2017
- Author, “Data Breaches, Part 3 – Hackers Can’t Steal What You Don’t Have,” Legal Insomnia Blog, February 2, 2017.
- Author, “Data Breaches, Part 2 – ‘Reasonable Security Measures” Will Protect More Than Just Your Data,” Legal Insomnia Blog, February 1, 2017.
- Author, “Data Breaches, Part 1 – How Prepared is Your Company?“, Legal Insomnia Blog, January 25, 2017.
- Author, “Merger Transaction – When is a Release of Officers and Directors Not a Release?“, Legal Insomnia Blog, January 20, 2017.
- Author, “Corporate Insurance Policy Does Not Cover SEC Investigation Before Wells Notice or Target Letter Sent,” Legal Insomnia Blog, January 15, 2017.
- Quoted in “Would-Be Fashion Mall Developer on China’s Most Wanted List,” Daily Business Review, June 3, 2015
- Quoted in “Fashion Mall Development Documents Were Forged, Judge Says,” South Florida Business Journal, October 6, 2014
- Quoted in “Fashion Mall Control Getting Ugly: Chinese Owner Asks Judge to Oust Partner,” Daily Business Review, October 1, 2014
- Mentioned in “Suit Over $49M Mall Project Fund Misuse Refiled In State Court,” Law360, May 20, 2014
- Quoted in “Major Broward Project Could Have Manager Ousted over $49M in Misappropriations,” South Florida Business Journal, May 20, 2014
- Quoted in “Developer’s Property Rights Case Against Hollywood Upheld,” Daily Business Review, February 14, 2014
- A Practitioner’s Guide to Class Actions, 2012 Supplement, Maryland Chapter, American Bar Association Tort, Trial & Insurance Practice Section, 2012
- Quoted in “Eyesore Hollywood Motel Bulldozed,” The Miami Herald, March 1, 2012
- Quoted in “Hollywood Foots Demolition Bill for Island Eyesore It Doesn’t Own,” South Florida Sun Sentinel, January 21, 2012
- Quoted in “Networking Group Aimed at LGBT Community Launches This Week,” The Baltimore Sun, January 16, 2012
- “Florida Supreme Court Says Bank and Homeowner Can’t Settle Mortgage Foreclosure Case ,” Duane Morris Alert, December 12, 2011
- Quoted in “Another attempt to fill Rocky Gap’s financial black hole, “The Baltimore Sun, June 19, 2011
- Quoted in “MSBA panelists tout the use of social media in litigation” by Danielle Ulman, Maryland Daily Record, June 9, 2011
- Quoted in “Potential Bidders Question Terms of Slots Casino Deal” by Julie Scharper, The Baltimore Sun, May 24, 2011
- “Maryland to Restrict Credit Reports in Employment Decisions,” Duane Morris Alert, April 7, 2011
- “Technology and the Art of Persuading Juries, Lessons from the Past and Present,” Technology for the Litigator, American Bar Association, Winter 2011
- “Effective Use of Technology in the Courtroom,” Maryland Daily Record, January 10, 2010
- “Fifty Tech Tips for Effectively Using Technology at Trial,” Technology for the Litigator, American Bar Association, Winter 2011
- A Practitioner’s Guide to Class Actions, Maryland Chapter, American Bar Association Tort, Trial & Insurance Practice Section (2010)
- Quoted in “Suit says Hollywood action lowered value of property” by Terry Sheridan, Daily Business Review, August 5, 2009
- Profiled in “Duane Morris Boosts Gaming Practice,” Baltimore Business Journal, June 19, 2009
Selected Speaking Engagements
- Faculty Member, ABA Construction Forum Trial Academy, U.S. District Courthouse, Washington, DC, June 12- 15, 2013
- “Construction Defect Litigation: From A to Z,” National Business Institute, Baltimore, May 1, 2013
- Faculty Member, ABA Construction Forum Inaugural Trial Academy, U.S. District Courthouse, Washington, DC, June 27- 30, 2012
- “Social Media in Litigation,” Maryland State Bar Association Annual Meeting, June 9, 2011
- “Effectively Using Technology in the Courtroom,” Bar Association of Baltimore City Milton Talkin Lecture Series, February 23, 2011