MN 612-339-6900DC 202-544-9840

Scott A. Moriarity

Associate

Contact

Scott A. Moriarity
Associate
612-339-6900
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Overview

Mr. Moriarity supplies practical business representation for businesses and creative professionals. With years of experience litigating throughout the United States, Mr. Moriarity helps his clients navigate sophisticated business disputes, providing insight into law and technology so that his clients effectively manage their risks.

Mr. Moriarity offers specialized expertise in trademark and copyright matters, whether by defending businesses’ brands and reputations, or by negotiating artists’ and businesses’ rights in film, music, images, and literary works. Mr. Moriarity has developed and implemented trademark enforcement strategies, either by compelling others to cease infringements, negotiating coexistence agreements, or litigating trademark infringement suits. He has drafted or negotiated transactions with book publishers and film and television producers, and he has defended both labels’ and musicians’ interests in music copyrights.

A cum laude graduate of William Mitchell College of Law (’02), Mr. Moriarity was an articles editor and contributor to the William Mitchell Law Review. Mr. Moriarity also served as a law clerk in the state and federal courts, with Judge Mark S. Wernick in Hennepin County district court; with Judge Wilhelmina M. Wright in the Minnesota Court of Appeals; and with Magistrate Judge Jeanne J. Graham in the U.S. District Court, District of Minnesota.

Mr. Moriarity is an active member of the Federal Bar Association, where he has provided pro bono representation through its Pro Se Project; served as editor of the IP Browser, the FBA newsletter on intellectual property law; and worked on the Minnesota Chapter’s legal education committee. An engaged community member, Mr. Moriarity is on the board of In the Heart of the Beast Mask and Puppet Theater, which supports theater and school-age programming on the environment and social diversity. He also serves on the board of the TwinWest Chamber of Commerce Foundation, which champions workforce development and early childhood education in Minneapolis’ western suburbs.

Mr. Moriarity plays traditional jazz trombone at clubs and festivals around town. To find his next gig, go to his Twitter feed @tbonelawyer.

Representative Cases

  • Banks Feed, LLC v. Ani-Logics Outdoors, LLC, No. 16-5225 (W.D. Ark, Jan. 4, 2017): On behalf of defendant manufacturer, negotiated early settlement of trademark infringement suit
  • In re Hardieplank Fiber Cement Siding Litigation, No. 12-2359 (D. Minn. Dec. 16, 2016): Coordinated and supervised six law firms’ contributions to ten summary judgment oppositions in multi-district litigation; edited and filed summary judgment oppositions and led opposing arguments
  • Homes for Heroes, Inc. v. D&C Moore, Inc., No. 16-2750 (S.D. Cal. Dec. 6, 2016): Investigated, drafted, and filed motion for preliminary injunction against trademark infringer, who later defaulted
  • In re National Collegiate Student Loan Trusts, No. 16-775 (D. Minn. May 10, 2016): Advised owner-trustee of student loan derivatives on application of Minnesota trust laws and procedures
  • Homes for Heroes, Inc. v. Mejia, No. 91222401 (T.T.A.B. Jan. 21, 2016): Opposing application to register federal trademark, compelled applicant to unilaterally abandon application
  • In re Hardieplank Fiber Cement Siding Litigation, No. 12-2359 (D. Minn. Nov. 16, 2015): Identified key document, negated adverse party’s claim of attorney-client privilege, and defeated clawback efforts
  • In re IKO Roofing Shingle Products Liability Litigation, 757 F.3d 599 (7th Cir. 2014): Formulated strategy and drafted petition for legal team that successfully appealed denial of class certification against property owners
  • Priller v. West Publishing Corp., No. 13-2567 (D. Minn. June 27, 2014): On behalf of employer, successfully negotiated early settlement of former employee’s claims under the Family and Medical Leave Act
  • Holbrook v. Louisiana-Pacific Corp., No. 12-4166 (6th Cir. July 12, 2013): Successfully appealed dismissal, allowing homeowner to pursue claim against maker of defective trimboard product
  • Madson v. Three Rivers Park District, No. 12-23070 (Minn. Dist. Ct. June 25, 2013): On behalf of park board, obtained dismissal of former employee's discrimination claims
  • Allstate Property & Casualty Ins. Co. v. Linea Latina de Accidentes, No. 09-3681 (D. Minn. Aug. 12, 2011): On behalf of healthcare provider, won motion to compel documents from insurance company, with court awarding attorney fees and costs

Selected Publications and Presentations

  • Good Data, Bad Decisions: What Neuroscience Teaches Us about Legal Advocacy, Minnesota CLE Webcast (Apr. 14, 2016)
  • A Quick Introduction to Intellectual Property, TwinWest Chamber of Commerce Power Partners (Nov. 3, 2014)
  • Responsible Hiring and Firing, TwinWest Chamber of Commerce Power Partners (Apr. 6, 2014)
  • Document Retention Policies 101, TwinWest Chamber of Commerce Power Partners (Aug. 5, 2013)
  • Moderator, Anna Nicole Smith Returns to the Supreme Court: Stern v. Marshall and Article I Jurisdiction, 38th Annual FBA Federal Practice Seminar, Minnesota Chapter of the Federal Bar Association (June 28, 2012)
  • Prepare to Be Boarded: Are Your Visitors Pirates? Online Piracy and Copyright Law (draft presentation, April 2012)
  • Judicial Interview: Judge Arthur Gajarsa, U.S. Court of Appeals for the Federal Circuit, Federal Bar Association IP Browser (Fall 2011)

Associations

  • Federal Bar Association (2008 – present)
    • Pro Se Project, Minnesota Chapter (2012 – 2014, 2016)
    • Legal Education Committee, Minnesota Chapter (2011 – 2012)
    • Editor, Federal Bar Association IP Legal Browser (2009 – 2011)
  • Fund for Legal Aid
    • Firm Co-Chair, Associates Fundraising Campaign (2015 – present)
  • In the Heart of the Beast Mask and Puppet Theater
    • Chair, Board of Directors (2017 – present)
    • Board Member (2014 – present)
    • Chair, Development Committee (2015 – 2016)
  • TwinWest Chamber of Commerce Foundation
    • Board Member (2015 – 2017)
    • Chair, Marketing Committee (2016 – 2017)

Education

  • J.D. cum laude, William Mitchell College of Law, 2002
  • B.M., University of Minnesota, 1998

Bar Admissions

  • State of Minnesota, 2002

Court Admissions

  • U.S. Court of Appeals, First Circuit, 2015
  • U.S. Court of Appeals, Seventh Circuit, 2014
  • U.S. Court of Appeals, Sixth Circuit, 2013
  • U.S. District Court, Central District of Illinois, 2012
  • U.S. District Court, District of Minnesota, 2009