Practice Focus

Scott Swafford is an associate in the firm's litigation practice group, and is also active in government contracts and telecommunications matters. His experience at the firm includes assisting clients with internal investigations and drafting contracts or agreements with other companies, advising clients on discrete legislative and regulatory matters, and prosecuting claims in courts and administrative venues. Mr. Swafford also maintains an active pro bono practice which includes criminal and immigration matters, and has been a frequent contributor to the firm's consumer advertising law blog.

Prior to joining Arnold & Porter LLP in March 2008, Mr. Swafford worked in numerous other capacities, which have provided him substantial experience in the disparate fields of information technology, government contracts, professional military education, intelligence, and telecommunications. Most recently before becoming a lawyer, Mr. Swafford served as an adviser to the Chief Administrative Officer of the National Oceanic and Atmospheric Administration, on information management and technology, and before that briefly advised the Federal Communications Commission (FCC) on information security matters.

Some of Mr. Swafford's relevant experience includes:

• Serving as the US Technical Representative to US-Swiss Joint Memorandum of Agreement (for Advanced Distributed Learning);
• Chairing the Partnership for Peace Consortium of Defense Academies and Security Studies Institutes Information Technology Working Group; and
• Co-chairing the Knowledge Development and Distribution Working Group, associated with National Defense University and Joint Staff (J7) initiatives.

Mr. Swafford also served honorably in the United States Air Force, finishing his career working as a military intelligence analyst coordinating a multinational intelligence cell supporting North Atlantic Treaty Organization and United Nations activities in the former Yugoslav Republic of Macedonia, and is a decorated veteran of the first Gulf War.

Since joining the firm, Mr. Swafford has been lead lawyer in a civil trial, and has argued before the Maryland Court of Special Appeals, and the Maryland Court of Appeals, most recently in May 2010.

Representative Matters

• Advised client on understanding implications of recent developments in the Committee on Foreign Investment in the United States review process and related standards.
• Assisted in performing an independent internal review of the operations of a client's foreign subsidiary, begun under concerns over potential Foreign Corrupt Practices Act (FCPA) violations.
• Advised client on local, state, and federal regulatory requirements for telecommunications infrastructure development and services, prior to the client's acquisition of an existing telecommunications provider.
• Counseled several clients on data security breach notification provisions of applicable state laws, and assisted clients with developing and implementing "best practices".
• Supported the representation of several US government contractors in bid protest actions before the US Government Accountability Office, resulting in agency decisions to take corrective action.
• Counseled several US government contractors on requirements relating to foreign origin of products under the Buy America Act and new requirements associated with the American Recovery and Reinvestment Act.
• Counseled one major defense contractor on obligations stemming from, and assisted in the contractor's preparation for negotiations following, a termination for convenience decision issued by the US government on a multibillion dollar contract.
• Represented a petitioner in criminal proceedings before the Court of Special Appeals, and the Court of Appeals in Maryland, after that court saw fit to grant a petition for certiorari. Oral argument was held before the Court of Appeals in May 2010.