Scott H. Marder
Partner
Duane Morris LLP
111 South Calvert Street, Suite 2000
Baltimore, MD 21202-6114
USA
Phone: +1 410 949 2941
Fax: +1 410 558 6370
Email: shmarder@duanemorris.com

Scott H. Marder practices in the areas of complex business, commercial and construction litigation. 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.

A member of Duane Morris' Pro Bono Committee, 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.

Areas of Practice

• Commercial Litigation
• Construction Litigation
• Real Estate and Zoning Litigation
• Gaming Law
• White-Collar Litigation

Representative Matters

• 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.
• 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 an arbitration award and judgment in excess of $2.9 million, in favor of the seller of an international travel business, following a highly complex, two-and-a-half month arbitration proceeding, litigating the accuracy of the business' financial statements.
• Defended numerous lawsuits on behalf of residential real estate developers in turnover litigation with condominium and homeowners associations.
• Successfully 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 toxic mold in commercial and residential buildings.
• 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).
• Successfully 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).

Professional Activities

• American Bar Association
  - Construction Industry Forum
  - Gaming Law Committee
  - Litigation Section
• Bar Association of Baltimore City
  - Legislation Committee, 2009-present
  - Bench and Bar Committee, 2009-2010
• 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

Admissions

• Maryland
• Florida
• 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

Education

• 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

Experience

• Duane Morris LLP
  - Partner, 2009-present
  - Member, Pro Bono Committee
• The Cordish Company
  - Director of Litigation, 2005-2009
• Ruden, McClosky, Smith, Schuster & Russell, P.A.
  - Partner, 1999-2005
• Moskowitz, Mandell, Salim & Simowitz, P.A.
  - Associate, 1998-1999
• Miller, Kagan, Rodriguez & Silver, P.A.
  - Associate, 1997-1998
• State Attorney's Office, Eleventh Judicial Circuit, Miami, Florida
  - Assistant State Attorney, 1991-1997

Civic and Charitable Activities

• Maryland Corporate Council
  - Chairman of the Board of Directors
• Home Builders Association of Maryland, 2010-present
• Greater Baltimore Committee
  - Planning and Project Development Committee, 2009-present
  - Inner Harbor Task Force, Co-Chair, 2010-2011
• Maryland Science Center Board of Trustees
  - Member, 2010-present
• 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

Honors and Awards

• Selected to Maryland Super Lawyers, 2012, 2013
• AV® Preeminent™ Peer Review Rated by Martindale-Hubbell

Selected Publications

• 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