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Scott
McIntosh
Partner
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Scott A. McIntosh has a broad-based practice in franchising law, with significant experience in myriad business, litigation, and regulatory issues that confront franchising companies. He has represented franchise clients in both state and federal litigation, including complex multiple party lawsuits. Mr. McIntosh also has represented clients in various forms of alternative dispute resolution, including binding arbitration before the American Arbitration Association. He has successfully represented a number of clients in responding to inquiries and investigations into potential violations of federal or state franchise statutes and regulations by the Federal Trade Commission and various state attorney general offices.
Mr. McIntosh has handled various facets of electronic discovery under the new electronic discovery provisions of the Federal Rules of Civil Procedure, as well as under the pre-2006 amendment version of the Rules. Mr. McIntosh has assisted clients in implementing document retention policies, formulating litigation hold memoranda, retrieving electronically stored information for review and production, and managing electronically stored information for effective use in litigation.
Mr. McIntosh also counsels clients on franchise relations, terminations, transfers, and regulatory compliance. His experience includes preparation of franchise and license agreements, area development agreements, numerous collateral agreements, and disclosure materials for domestic and international development. He has created documents for a variety of franchise business transactions, including the creation of advertising cooperatives and the sale of a domestic subfranchisor’s assets.
In the June/July 2001 issue of Franchise Times magazine, Mr. McIntosh was profiled as one of the up-and-coming attorneys in the franchise bar.
Admissions
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District of Columbia
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Virginia
- United States Court of Appeals for the Fourth Circuit
- United States District Court for the Eastern District of Virginia
- United States District Court for the Western District of Virginia
Memberships
Publications
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Co-author (with Barry M. Heller), “California Decision Clarifies Franchise Termination Damages,” FranCast (April 1, 2004)
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Co-author (with Barry M. Heller), “When Franchisee Counsel Goes Too Far: Court Issues Sanctions in Connection with Withdrawn Superfluous Claims,” FranCast (September 22, 2003)
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Author, "Mediation Before Litigation: Delaware Court's Expanded Jurisdiction Offers Remedy to Franchise Disputes," LJN's Franchising Business & Law Alert (July 2003 edition)
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Co-author (with Erik B. Wulff), “Are Franchisors Caught in the Broad Web of the Anti-Terrorism Devices of Executive Order 13224 and the USA PATRIOT Act?,” FranCast (May 10, 2002)
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Co-author (with Erik B. Wulff), "The Separate Product Test in Franchise Tying Cases: Through the Microsoft Lens of Reason," ABA Franchise Law Journal (Fall 2001)
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Author, "Fair Criticism, Cyberlibel, and Unlawful Coordinated Action over the Internet," in the ABA Franchise Law Journal (Spring 2001)
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Co-author (with Erik B. Wulff), "Electronic UFOCs Now A Reality," The Franchise Lawyer (Summer 2000)
Seminars
EDUCATION
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J.D., Georgetown University Law Center 1998
cum laude
Articles Editor, Georgetown International Environmental Law Journal
Law Fellow, Legal Research & Writing Program
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M.S., Georgetown University 1998
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B.A., University of California at Los Angeles 1993
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EDUCATION
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J.D.,
Georgetown University Law Center
1998
cum laude
Articles Editor, Georgetown International Environmental Law Journal
Law Fellow, Legal Research & Writing Program
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M.S.,
Georgetown University
1998
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B.A.,
University of California at Los Angeles
1993
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