Scott Goldsmith
PEOPLE

Scott Goldsmith

Partner
goldsmith.scott@dorsey.com

Overview

Scott routinely defends clients in nationwide class litigation, with particular emphasis on alleged violations of the TCPA.

Scott brings the tenacity of a former prosecutor to his representation of clients in high-stakes commercial litigation and class action defense.  Having tried over twenty cases through final jury verdict, and over one hundred fifty evidentiary hearings, Scott understands that effective advocacy requires creativity, composure, and thorough preparation.

Scott routinely defends clients in nationwide class litigation, with particular emphasis on alleged violations of the Telephone Consumer Protection Act (TCPA).  He works with a team of TCPA litigators and local counsel dedicated to achieving industry leading and cutting edge results.  Scott’s class action defense experience also includes alleged violations of the Fair Credit Reporting Act (FCRA), data breach and privacy violations, false and misleading advertising, unfair business practices, and unlawful call recordings.

Scott also works with the Labor and Employment team defending class actions and misappropriation of trade secret, breach of fiduciary duty, and contract claims.

Prior to joining Dorsey & Whitney, Scott served as a Deputy District Attorney in San Diego where he was assigned to the Felony Trial Team and proudly fought for victims of serious and violent crimes.

Education & Admissions

University of San Diego School of Law (J.D., 2008)

University of California, Berkeley (B.S., Business Administration, 2005)

Admissions

  • California
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. District Court for the Central District of California
  • U.S. District Court for the Southern District of California
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Eastern District of California

Experience

Representative Litigation

Representative Class Action Litigation

  • Represent large financial institutions, retail, and food and beverage industry clients in putative class actions and individual actions alleging violations of the TCPA and other consumer protection statutes.
  • Defeated class certification of a “wrong number” and “do not call” data class in a putative nationwide TCPA class action against a major auto finance company with millions of customers.
  • Defeated class certification of a “no consent” class in a putative nationwide TCPA class action in the Western District of Texas. 
  • Exposed unlawful legal referral service operating as a call blocking application by thoroughly investigating a class action plaintiff’s claims, resulting in the company shutting down its legal referral service.
  • Won complete dismissal and denial of class certification at the pleading stage in putative class action alleging violation of California’s Unfair Competition Law and related statutes against a national food and beverage industry client.
  • Defeated class certification in an alleged false and misleading food labeling case against a national grocery chain. 
  • Defended international juice company against several putative class actions in multiple jurisdictions alleging false and misleading advertising, unfair business practices, violation of California’s Consumer Legal Remedies Act, and breach of warranty.
  • Defeated class certification, renewed motion for class certification, and petition for permission to appeal in false advertising putative class action.
  • Defended medical billing vendor through final class settlement in class action alleging unlawful disclosure of confidential medical information. 
  • Defended hospital in putative class action alleging unlawful disclosure of confidential medical information.
  • Secured dismissal for lack of subject matter jurisdiction in putative class action alleging illegal call recordings pursuant to California Penal Code 632.7.

Representative Commercial Litigation

  • Prosecuted and defended several shareholder and member derivative suits alleging breach of fiduciary duties, misappropriation of trade secrets, fraud, conversion, and other claims. 
  • Obtained emergency temporary restraining order preventing trustee sales of over 250 acres of undeveloped land in California, after which the parties reached a settlement. 
  • Obtained dismissal and favorable settlement after filing an anti-SLAPP motion in suit accusing screenwriter client of defaming her ex-boyfriend in a television show pilot script.
  • Obtained a favorable settlement in a complex tax services and breach of contract dispute after dismantling half of the plaintiff’s claims at the pleading stage. 
  • Obtained favorable settlement for professional boxer in contract dispute with former manager over a prize fight purse.
  • Secured client’s release on bail within several days of substituting in for prior counsel where Court had previously set no bail under any conditions in federal criminal indictment alleging over $7,000,000 in Medicare fraud.

News & Resources

Articles

FCC Creates New TCPA Safe Harbor and Reassigned Phone Number Database
TCPA Roundup: A Week of Blockbuster News from the Supreme Court, the Ninth Circuit, the FCC, and a Few District Courts
Circuit Split Pronounced by District Court’s Application of Statutory Definition of an ATDS
Ninth Circuit Rules an ATDS Need Only Have the Capacity to “Store Numbers to Be Called” and Dial “Automatically”
When a Disclosure Form Must “Stand Alone”: Recent Cases Hold Companies Liable for Including Too Much on FCRA Disclosures
ACA International v. FCC Aftermath: 28 Days Later
Student Loan Creditor Off the Hook for Third Party Collectors’ TCPA Violations, But is Not Exempt for Collecting Government Backed Debts
Missed Calls Don’t Cut It: Injury in Fact is Required for Each Call and Must Be Traceable to the Use of an ATDS
"Dorsey TCPA Team Earns the Country’s First Post-Spokeo Dismissal of a TCPA Case for Lack of Article III Standing," Consumer Financial Services Legal Update
"An ATDS is More Than a Beep and a Pause," Consumer Financial Services Legal Update
Spokeo Without Scalia: The Fate Of No-Injury Class Actions

News & Press Mentions

Dorsey Partner Scott Goldsmith Comments on Supreme Court’s TCPA Decision
Dorsey Partner Scott Goldsmith Comments on if TCPA Cases are Bound by FCC Guidance
Dorsey Partner Scott Goldsmith Comments on Court's ATDS Definition
Super Lawyers Recognizes Dorsey Attorneys in Costa Mesa
Dorsey Partner Scott Goldsmith Comments on Robocaller Abramovich's Fine
Super Lawyers Recognizes Four Dorsey Attorneys in Costa Mesa

Select Presentations

  • Panelist, “Exploring the Impact of ACA on TCPA Litigation in the Backdrop of the Debt Collection and Residential Mortgage Industries,” ACI Residential Mortgage Regulatory Enforcement & Litigation, October 22, 2018
  • Speaker, “TCPA and FCRA Trends for 2018,” Bank Counsel Roundtable, May 21, 2018

Industries & Practices

  • Banking & Financial Institutions
  • Class Action Litigation
  • Commercial Litigation
  • Consumer Financial Services
  • Food, Beverage & Agribusiness
  • Securities & Financial Services Litigation & Enforcement
  • Telecommunications
  • Telephone Consumer Protection Act

Accolades

  • Listed as a "Rising Star" by Southern California Super Lawyers, 2017-2018
Scott Goldsmith