Michael D. Scott


Indianapolis, Indiana Area, United States
Areas of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Commercial Law & Contracts
  • Constitutional Law
  • Criminal Law
  • Environmental Law
  • Finance & Banking
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Securities Law
  • Taxation
See more

Jones is Tied Up in Knotts: A Commentary on United States v. Jones

In a case that some are calling the most important Fourth Amendment case in recent years, on June 27, 2011, the Supreme Court granted certiorari to the Court of Appeals for the District of Columbia Circuit and agreed to hear…more
 /  Constitutional Law
United States v. Jones, 10-1259

Government's Petition for Writ of Certiorari

Government's Cert Petition in the Jones case. See, United States v. Maynard (also posted) and my commentary, Jones is Tied Up in Knotts (also posted)…more
 /  Constitutional Law

Truth and the Client's Interest - A U.S. Perspective

TRUTH AND THE CLIENT'S INTEREST - A U.S. PERSPECTIVE Do lawyers - particularly defense lawyers - sacrifice truth to their client's interests? Professor Ochieng'-Odhiambo argues that truth and the interests of the clients…more
 /  Civil Procedure, Criminal Law, Professional Malpractice

Wikileaks - Deception and Disinformation?

WIKILEAKS - DECEPTION AND DISINFORMATION? Perhaps more attention than is deserved is being given by government and the media to the release, by Wikileaks, of alleged "secret" diplomatic communications. In this "letter to…more
 /  International Law & Trade, Military Law, Privacy, Science, Computers, & Technology

Secured vs Unsecured Debt - Supplemental Commentary to David Giller

David Giller, a member of the LinkedIn responded to a question posed on the distinction between secured and unsecured debt. He correctly explained the fundamental principle. His explanation can be found at:…more
 /  Bankruptcy, Civil Remedies, Commercial Law & Contracts, Finance & Banking

Legal Standard for Disclosure of Cell-Site Information (CSI) and Geolocation Information.

Stevens, Gina, Alison M. Smith, and Jordan Segall. Legal Standard for Disclosure of Cell-Site Information (CSI) and Geolocation Information. Legal Memorandum to the Senate Intelligence Committee. Congressional Research Service,…more
 /  Constitutional Law, Criminal Law
United States v. Maynard, 615 F.3d 544 (Ct. App. D.C. 2010)

Opinion of the Court, Ginsburg, Circuit Judge

This decision is the subject of the grant of certiorari by the United States Supreme Court in United States v. Jones, 10-1259. Maynard and Jones were co-defendants. All legal issues have either been resolved or abandoned…more
 /  Constitutional Law, Criminal Law, Electronic Discovery, Privacy, Science, Computers, & Technology

The Harmless and Plain Error Doctrines - History and Analysis

HARMLESS VS PLAIN ERROR The law on the analysis to be used by appellate courts in reviewing alleged trial and procedural errors in criminal cases, both federal and state, is very complex and often poorly understood by both…more
 /  Constitutional Law, Criminal Law

Basic Distribution Agreement Checklist

A comprehensive checklist of issues that should be considered in establishing any distribution arrangement. While useful for the preparation of definitive distribution agreements, this checklist is also a useful tool to…more
 /  Commercial Law & Contracts

CATO INSTITUTE - Making Financial Statements Mysterious

FINANCIAL MARKET REGULATION FAILURE At the time the attached document was written (August 19, 2008), the author - T. J. Rodgers - was the founder, president and CEO of Cypress Semiconductor, where he also served on the board…more
 /  Business Organizations, Finance & Banking, Mergers & Acquisitions, Securities Law


CONTEMPORARY FINANCIAL STATEMENT ANALYSIS GUIDELINES, AN UPDATE In light of the 2008 financial crises, widely reported criminal investment schemes, and the continuing (as of this writing, September 9, 2010) international…more
 /  Bankruptcy, Business Organizations, Finance & Banking, Mergers & Acquisitions, Securities Law

Economic Analysis of Enron

ENRON WAS NOT ALL BAD Enron is commonly trotted out as the poster child of corporate greed and arrogance. This is a misreading of the record and a misreading of history. Back in 2003, Christopher L. Culp, then adjunct…more
 /  Bankruptcy, Business Organizations, Energy & Utilities, Finance & Banking, Securities Law

Dividend Tax Reform

A PROPOSAL TO MITIGATE "TOO BIG TO FAIL." Back in February of 2003, I proposed to an adviser to then-OMB Director, Mitch Daniels (now Governor of Indiana), that Federal dividend taxation be reformed to allow deduction of…more
 /  Business Organizations, Finance & Banking, Taxation
Gerogia Pacific Corporation v GAF Building Materials Corporation

Decision of USDC - SDNY Dismissing Counterclaim for Fraudulent Misrepresentation

ATTORNEY-CLIENT PRIVILEGE: BEWARE - NOT ALL LAWYERS ARE TREATED EQUALLY Clients utilizing in-house counsel may not have the same rights to claim attorney-client privilege as clients who engage retained counsel, and counsel…more
 /  Business Torts, Commercial Law & Contracts, Environmental Law, Mergers & Acquisitions
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