People: Scott A. Carlson, Partner

Photo of Scott A. Carlson, Partner

Scott A. Carlson

Partner

Chicago
Direct: (312) 460-5946
Fax: (312) 460-7946
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Mr. Carlson founded and Chairs Seyfarth Shaw’s eDiscovery and Information Governance practice and is nationally known in the these areas.  His practice is entirely devoted to eDiscovery and information governance issues from both the consulting and litigation perspective.  Mr. Carlson teaches a Masters of Law course on the subjects of eDiscovery, digital evidence, and computer forensics.

Mr. Carlson’s strong technical background includes a B.S. in Computer Science and Mathematics and experience working in private industry as a software engineer.  Mr. Carlson represents and provides eDiscovery advice to a broad range of clients from small and mid-sized companies up to the nation’s largest companies.  He has represented clients in the all aspects of eDiscovery both in terms of preparedness and managing eDiscovery issues in individual matters throughout the country in both state and federal court. Mr. Carlson also advises clients in other information governance issues including, among others, computer forensics issues, records information management, information security / cyber security and IT related policies and practices.

Also an experienced litigator, Mr. Carlson has represented clients in a wide range of commercial disputes including commercial contracts, purchase agreements, lease agreements, Uniform Commercial Code transactions, misappropriation of trade secrets, software licensing agreements shareholder suits, and tortious interference claims.  He has also defended clients in actions involving negligence, wrongful death, fraud, retaliatory discharge, mass tort, and a variety of class actions.

Mr. Carlson is a certified Six Sigma Green Belt.  Using Lean Six Sigma and project management methodologies, our SeyfarthLean® approach delivers increased value to our clients at a time of increased market pressures and competitive demands.  Seyfarth’s commitment to delivering legal services in a new way—with an emphasis on value and continuous improvement—has been praised by the Association of Corporate Counsel as being "five years ahead of every other AmLaw 200 firm."

Mr. Carlson founded and Chairs Seyfarth Shaw’s eDiscovery and Information Governance practice and is nationally known in the these areas.  His practice is entirely devoted to eDiscovery and information governance issues from both the consulting and litigation perspective.  Mr. Carlson teaches a Masters of Law course on the subjects of eDiscovery, digital evidence, and computer forensics.

Mr. Carlson’s strong technical background includes a B.S. in Computer Science and Mathematics and experience working in private industry as a software engineer.  Mr. Carlson represents and provides eDiscovery advice to a broad range of clients from small and mid-sized companies up to the nation’s largest companies.  He has represented clients in the all aspects of eDiscovery both in terms of preparedness and managing eDiscovery issues in individual matters throughout the country in both state and federal court. Mr. Carlson also advises clients in other information governance issues including, among others, computer forensics issues, records information management, information security / cyber security and IT related policies and practices.

Also an experienced litigator, Mr. Carlson has represented clients in a wide range of commercial disputes including commercial contracts, purchase agreements, lease agreements, Uniform Commercial Code transactions, misappropriation of trade secrets, software licensing agreements shareholder suits, and tortious interference claims.  He has also defended clients in actions involving negligence, wrongful death, fraud, retaliatory discharge, mass tort, and a variety of class actions.

Mr. Carlson is a certified Six Sigma Green Belt.  Using Lean Six Sigma and project management methodologies, our SeyfarthLean® approach delivers increased value to our clients at a time of increased market pressures and competitive demands.  Seyfarth’s commitment to delivering legal services in a new way—with an emphasis on value and continuous improvement—has been praised by the Association of Corporate Counsel as being "five years ahead of every other AmLaw 200 firm."

Education

  • J.D., Southern Illinois University School of Law (1995)
    summa cum laude Casenote and Comment Editor, Southern Illinois University Law Journal
  • B.S., University of Illinois (1987)
  • Licensed Private Detective (Illinois 115.002221)

Admissions

  • Illinois

Courts

  • United States Supreme Court
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. District Court for the Northern District of Illinois
  • U.S. District Court for the Eastern District of Wisconsin
  • U.S. Tax Court

Affiliations

  • Georgetown Law Center's Advanced eDiscovery Institute (Faculty Member)
  • Federal Bureau of Investigation - Infragard
  • American Society of Digital Forensics and eDiscovery (National Steering Committee Member)
  • International Institute for Conflict Prevention and Resolution: eDiscovery Committee (Member)
  • The John Marshall School of Law (Adjunct Professor)
  • High Technology Crime Investigation Association (Midwest Chapter) (Member)
  • Illinois State Bar Association (Member)
  • Kane County Bar Association (Member)
  • International Association of Computer Investigative Specialists (IACIS) (Former Faculty Member)
  • Law360 eDiscovery Editorial Advisory Board (Member)
  • Lean Six Sigma Green Belt
  • Lorman Education Series (Member)
  • Lorman Education Series (Former Editor)
  • The Sedona Conference, Working Group 1 (Member)

 

Presentations

  • “Designing a Defensible ESI Process,” Guidance Software Webinar (August 6, 2014)
  • “Document Retention and Destruction in Illinois,” Lorman Education Services, Chicago, IL (April 16, 2014)
  • “eDiscovery Executive Change:  What’s Happened and What’s Coming,” Company Board of Directors, Pasadena, CA (July 30, 2013)
  • “Effective Information Management,” CEIC, Orlando, FL (May 21, 2013)
  • “Legal Ramifications of BYOD,” CEIC, Orlando, FL (May 21, 2013)
  • “Information Governance - Rethinking the Management of E-Discovery, Records Management, Privacy, and Cybersecurity,” Houston, TX (May 9, 2013)
  • The Masters Conference for Legal Professionals, Keynote Speaker and Panelist, Chicago, IL (May 2, 2013)
  • “Creating Synergy Between Compliance, Discovery and Security,” The Masters Series for Legal Professionals, San Francisco, CA (April 17, 2013)
  • "The E-Discovery Institute," Chicago-Kent College of Law, Chicago, Illinois (March 21, 2013)
  • “Cross Border Issues,” Legal Tech, New York, NY (January 30, 2013)
  • “The 9th Annual Advanced eDiscovery Institute: Process, Paradigms, and Pragmatism,” Georgetown Law, Washington, DC (December 6-7, 2012)
  • “Proactive Methods for Mobile Device Discovery,” Webinar (October 2, 2012)
  • “The Who, What, When, Where and Why of ESI: A Guide for Paralegals,” Lorman Education Services Webcast (July 9, 2012)
  • "Strategies for Spanning the E-Discovery Divide," The Masters Series for Legal Professionals, Chicago, IL (June 20, 2012)
  • "E-Discovery for the Corporate Market," Executive Counsel Institute, Chicago, Illinois (June 5-6, 2012)
  • "Proactive e-Discovery Management: Best Practices to Control Costs, Minimize Risk and Maximize Results," West LegalEdcenter Webinar (April 12, 2012)
  • “Paralegal's Guide to Evidence: Gathering, Protecting and Spoliation,” Lorman Education Services Webcast(January 26, 2012)
  • “Migrating to the Cloud: Navigating the E-Discovery Challenges,” Guidance Software Webinar (January 10, 2012)
  •  “Different Strokes for Different Folks - Bringing eDiscovery In-house,”  2011 Advanced Labor and Employment Law Conference, Los Angeles, CA (November 8, 2011)
  • “eDiscovery Trends in the Labor and Employment Area,” North Shore Labor Employment Group, Chicago, (September 30, 2011)
  • “E-Discovery and Information Security in Cloud Computing and Social Networking,” Client Law Department, Chicago, IL (September 27, 2011)
  • "Cloud Computing: Implications in Privacy, Information Security, and eDiscovery," Seyfarth Shaw Webinar (September 27, 2011)
  • "Hot Topics in eDiscovery", Client Law Department, Chicago, IL (June 22, 2011)
  • "eDiscovery for the Corporate Market", Executive Counsel Institute, Chicago, IL  (June 16-17, 2011)
  • “Hot Topics in E-Discovery," Organization of Legal Professionals webinar (May 26, 2011)
  • "eDiscovery: Recent Issues and Trends", Client Law Department, Chicago, IL (May 25, 2011)
  • "eDiscovery as a Repeatable Business Process: Testing, Sampling & Quality Control", Computer Enterprise Investigations Conference, Orlando, Florida (May 16, 2011)
  • "eDiscovery for the In-House Attorney", Client Law Department, Chicago, IL (April 28, 2011)
  • "CPR Institute Regional CLE Series: Topics in Mediation and Arbitration", Chicago, IL (April 14, 2011)
  • Leadership Breakfast, Chicago, IL (February 10, 2011)
  • "The Fundamentals of Executing a Defensible Legal Hold Process," Nationwide Educational Webinar (January 21, 2011)
  • "e-Discovery as a Repeatable Business Process," Legal Tech East Coast 2011, New York, NY (January 31, 2011)
  • "Dynamic E-Discovery Tips for Paralegals,"  Lorman Education Services Webcast (January 12, 2011)
  • “eDiscovery for the Information Security Executive," Chicago Enterprise Security Executive Forum, Hoffman Estates, IL (November 10, 2010)
  • "eDiscovery, The Year in Review and the Year Ahead," Client Law and IT Department, Boston, MA (November 4, 2010)
  • "eDiscovery, Litigation Holds and Metadata," The Rossdale Group, Nationwide Telephonic CLE (November 3, 2010)
  •  "Desperate People/Desperate Measures -- Protecting Your Company from Fraud,"  Association of Corporate Counsel 2010 Annual Meeting, San Antonio, TX (October 27, 2010)
  • "eDiscovery Cost Savings for Attorneys," The Knowledge Congress Webcast Series (July 21, 2010)
  • “Recognize and Reconcile the Tensions between Inside and Outside Counsel, Executive Counsel Institute: E-Discovery for the Corporate Market,” Chicago, IL (August 2, 2010)
  • “Current State / Future State: A Mid Year Assessment of eDiscovery and Law Department Operations,” Chicago, IL (July 27, 2010)
  • “The 7th Circuit Electronic Discovery Pilot Program,” Legal Tech West Coast 2010, Los Angeles, CA (June 23, 2010)
  • “Testing, Sampling and Quality Control in eDiscovery,” Computer Enterprise Investigations Conference, Summerlin, NV (May 25, 2010)
  • "Another Look at People, Process and Technology", Chicago, IL (March 16, 2010)
  • “What’s your eDiscovery Challenge?  People, Process or Technology,” Chicago, IL (November 2, 2009)
  • "Ensuring the Integrity and Sufficiency of Your E-Discovery and Information Management Processes and Procedures in a Tumultuous Market: Overcoming Complications Arising from Bankruptcies, M&A, and Departing Employees," 7th Annual Advanced Forum on E-Discovery & Document Management, Philadelphia, PA (September 22, 2009)
  • “Dynamic Tips for Effective eDiscovery,” Webcast (July 28, 2009)
  • “eDiscovery for the In-House Attorney, Client Law Department,” Chicago, IL (June 11, 2009)
  • "A Strategic Business Approach to eDiscovery: The Convergence of Tech, Law & Information Security," Computer and Enterprise Investigations Conference (CEIC) 2009, Orlando, FL (May 19, 2009)
  • "eDiscovery: What Happened, Where Are We, and What's Next?" Gartner Risk Management and Compliance Summit, eDiscovery Workshop, Co-Presenter with Debra Logan, Chicago, IL (May 1, 2009)
  • “eDiscovery and Records Retention,” Universities HealthCare Consortium: Risk and Quality Management Council Meeting, San Antonio, TX (February 20, 2009)
  • “What’s Electric about Electronic Discovery?”Greater Los Angeles Chapter of ARMA International, Los Angeles, CA (February 18, 2009)
  • “India Calling…Are You Prepared to Answer? Litigation 2.0, the Emerging Shift in the Legal Market,” Legal Tech SuperSession, New York, NY (February 2, 2009)
  • “Money Saving Solutions for eDiscovery: Concrete Steps You Should Take Now to Manage Risks & Control Ballooning Costs,” Chicago, IL (January 21, 2009)
  • “Legal Update ‘08: The Unintended Legal Consequences of the Information Age,” American Speech Language Hearing Association, Chicago, IL (November 20, 2008)
  • “eDiscovery: The Unintended Consequences of the Information Age,” NACAS 40th Annual Conference Super Session, Chicago, IL (November 4, 2008)
  • “eDiscovery: A Practical Approach to Managing the Risk,” Client Law Department, Chicago, IL (October 23, 2008)
  • “What’s Electric about Electronic Discovery,” ARMA International's 53rd Annual Conference and Expo, Las Vegas, NV (October 22, 2008)
  • “eDiscovery from the Requesting Party Perspective,” Corporate eDiscovery Forum, Chicago, IL (September 11, 2008)
  • “Real eDiscovery—Implementing a Defensible eDiscovery Process,” Webinar (September 10, 2008)
  • “A Practical Look at eDiscovery Issues Facing Corporate America,” Client Law Department, Boise, ID (August 26, 2008)
  • “The Implementation of the New E-Discovery Rules,” 57th Annual Meeting of the Seventh Circuit Bar Association and Judicial Conference of the Seventh Circuit, Chicago, IL (May 19, 2008)
  • “Know What and How to Hold 'Em: Managing the Legal Hold,” West Legalworks Litigation Readiness Workshop: A Good Offense is the Best Defense, Chicago, IL (May 8, 2008)
  • “Finding the Golden Nugget or Smoking Gun,” American Bar Association Section of Labor and Employment Law, Technology in the Practice & Workplace Committee Mid Year Meeting, Chicago, IL (May 1, 2008)
  • “A Practical Look at eDiscovery Issues Facing Corporate America,” Client Law Department, Chicago, IL (April 30, 2008)
  • “Developing an Effective Collection Strategy and Ensuring Your ESI is Admissible in Court,” Computer and Enterprise Investigations Conference 2008, Las Vegas, NV (April 27, 2008)
  • “New Federal Rules: Year in Review,” eDiscovery Executive Roundtable, Seyfarth Shaw LLP, Chicago, IL (January 31, 2008)
  • “Managing eDiscovery: Risks and Costs,” Client Law Department, St. Louis, MO (January 24, 2008)
  • “Current Issues in eDiscovery and Records Retention,” General Counsel Group, Green Bay, WI (October 11, 2007)
  • “eDiscovery Roundtable Discussion,” Advanced Labor and Employment Seminar, Seyfarth Shaw  LLP, Chicago, IL (October 4, 2007)
  • “Ethics in eDiscovery,” eDiscovery Executive Roundtable, Seyfarth Shaw LLP, Chicago, IL (September 20, 2007)
  • “Introduction to eDiscovery and the Amendments to the Federal Rules of Civil Procedure,” Seyfarth Shaw LLP, Boston, MA (September 17, 2007)
  • “eDiscovery Fundamentals,” Client Law Department, Sacramento, CA (September 12, 2007)
  • “Data Retention Policy Developments,” Newspaper System Group Meeting, Lake Tahoe, CA (September 11, 2007)
  • “The Changing Marketplace: An Outside Counsel Perspective,” KPMG Forensic Focus Advisory University, Rosemont, IL (August 8, 2007)
  • “eDiscovery: ‘A to Z’ Workshop,” West Legalworks, Chicago, IL (June 12-13, 2007)
  • “Taking Control of eDiscovery by Bringing the Process In-House,” Association of Corporate Counsel, Chicago Chapter, Chicago, IL (June 7, 2007)
  • “The Growing Importance of Electronic Discovery and Computer Forensics in Trade Secrets Cases,” Law Seminars International, Chicago, IL (May 11, 2007)
  • “Introduction to eDiscovery and the Amendments to the Federal Rules of Civil Procedure,” Seyfarth Shaw LLP, Washington, DC (April 3, 2007)
  • “Gaining Efficiencies in Document Review: How Integrating Sophisticated Technologies Can Help,” ABA Tech Show, Chicago, IL (March 23, 2007)
  • “Introduction to eDiscovery and the Amendments to the Federal Rules of Civil Procedure,” Seyfarth Shaw LLP, San Francisco, CA (March 21, 2007)
  • “eDiscovery: Sanction Avoidance and the Revised Federal Rules, Kennesaw, GA (March 19, 2007)
  • “eDiscovery Under the New Rules,” eDiscovery Executive Roundtable, Chicago, IL (February 22, 2007)
  • “Advanced Electronic Discovery: Providing Consistency & Predictability in eDiscovery,” LegalTech, New York, NY (January 29, 2007)
  • “Introduction to eDiscovery and the Amendments to the Federal Rules of Civil Procedure,” Seyfarth Shaw LLP, Sacramento, CA (January 10, 2007)
  • “Introduction to eDiscovery and the Amendments to the Federal Rules of Civil Procedure,” Seyfarth Shaw LLP, Los Angeles, CA (January 9, 2007)
  • “Introduction to eDiscovery and the Amendments to the Federal Rules of Civil Procedure,” Seyfarth Shaw LLP, Atlanta, GA (January 4, 2007)
  • “eDiscovery: Navigating the Revised Federal Rules,” North Shore General Counsel Group, Vernon Hills, IL (December 12, 2006)
  • “Preparing for the eDiscovery Amendments to the Federal Rules,” eDiscovery Executive Roundtable, Chicago, IL (November 30, 2006)
  • “Introduction to eDiscovery and the Amendments to the Federal Rules of Civil Procedure,” Seyfarth Shaw LLP, Houston, TX (November 29, 2006)
  • “Introduction to eDiscovery and the Amendments to the Federal Rules of Civil Procedure,” Seyfarth Shaw LLP, Chicago, IL (November 28, 2006)
  • “eDiscovery: Understanding the Risk,” Client Worldwide Law Department, Washington, D.C. (November 17, 2006)
  • “Record Retention and Disposal,” Client Worldwide Law Department, Boston, MA (November 9, 2006)
  • “Countdown to the New World of eDiscovery: Is Your Company Vulnerable,” Seyfarth Shaw Breakfast Briefing, Boston, MA (November 9, 2006)
  • “Countdown to the New World of eDiscovery: Is Your Company Vulnerable,” Seyfarth Shaw Breakfast Briefing, New York, NY (November 8, 2006)
  • “Preparing for the eDiscovery Amendments to the Federal Rules,” eDiscovery Executive Roundtable, Chicago, IL (October 12, 2006)
  • “Understanding the Common Issues in Document Retention Policies and eDiscovery,” Lorman Educational Services, Schaumburg, IL (September 29, 2006)
  • “eDiscovery: The Revised Federal Rules and Current Trends,” Client Law Department, Chicago, IL (September 7, 2006)
  • “eDiscovery: Streamlining the Process to Reduce Costs and Risk,” Columbus, OH (August 12, 2006)
  • “Controlling eDiscovery Risks and Costs,” St. Louis, MO (August 2, 2006)
  • “Discovery Skills for Legal Staff,” Lorman Educational Services, Chicago, IL (June 28, 2006)
  • “eDiscovery: Understanding the Revised Federal Rules,” Client Law Department, Chicago, IL (June 27, 2006)
  • “Preparing for the Revised Federal Rules on eDiscovery,” National Litigation Department Summit, Seyfarth Shaw LLP, Chicago IL (June 24, 2006)
  • “eDiscovery and Compliance Under Federal Regulations” (with Former Attorney General Janet Reno), Chicago, IL (June 13, 2006)
  • “Understanding the Common Issues in Document Retention Policies and eDiscovery,” LormanEducational Services, Itasca, IL (June 7, 2006)
  • “eDiscovery Realities and the Revised Federal Rules,” Labor and Employment Group, Seyfarth Shaw LLP, Chicago, IL (June 5, 2006)
  • “Bringing eDiscovery In House vs. Outsourcing: Understanding eDiscovery Costs,”Seattle, WA (May 31, 2006)
  • “The Latest Issues in eDiscovery: The Revised Federal Rules and More,” Client Law Department, Newark, NJ (May 22, 2006)
  • “What do the Lawyers Really Want? Just What is eDiscovery?” Computer and Enterprise Investigations Conference (CEIC), Las Vegas, NV (May 3, 2006)
  • “eDiscovery: Best Practices for HR Professionals,” Newspaper Association of America Employee Relations Conference, Chicago, IL (March 31, 2006)
  • “eDiscovery Update,” Client Law Department, Chicago, IL (March 7, 2006)
  • “Document Retention and Destruction in the Post-Enron Electronic Age,” Lorman Educational Services, Rockford, IL (February 28, 2006)
  • “What University, College and School Lawyers, Administrators, and Business Officials Need to Know About eDiscovery,” Education Law Section Council of the Illinois State Bar Association, Chicago, IL (February 24, 2006)
  • “Forensic Evaluations and Managing Electronic Information In An Educational Setting In Today’s Litigious Environment,” Education Law Section Council of the Illinois State Bar Association, Chicago, IL (February 24, 2006)
  • “eDiscovery: Combining Computer Forensics with Data Management,” The 2005 Techno Forensics Conference, Gaithersburg, MD (November 30, 2005)
  • “Electronic Discovery of Trade Secret Theft and Update on the Law of Spoliation of Evidence,” Trade Secrets Litigation and Transactions Seminar, Chicago, IL (November 16, 2005)
  • “Document Retention and Control in the Electronic Discovery Era,” California Employment Law Council, 2005 Annual Meeting, San Francisco, CA (November 10, 2005)
  • “eDiscovery: The Landscape Has Changed,” Client Law Department (October 25, 2005)
  • “eDiscovery: The Threat is Real and the Costs are Severe,” Partnership Retreat, Seyfarth Shaw LLP (September 17, 2005)
  • “Document Retention and Destruction in Illinois,” Lorman Educational Services, Itasca, IL (June 16, 2005)
  • “Search and Seizure and Computer Evidence,” 2005 Advanced Course in Computer Forensics, IACIS, Orlando, FL (Spring 2005)
  • “The Dangers of Electronic Discovery,” HTCIA Conference, Chicago, IL (Spring 2004)

Publications

Press Quotations

Law School Teaching

  • Adjunct Professor, Course (2 credit hours): eDiscovery, Computer Forensics and Digital Evidence, J.D. and LLM Program in Information Technology and Privacy Law (Fall 2012)
  • Adjunct Professor, Course (2 credit hours): eDiscovery, Computer Forensics and Digital Evidence, LLM Program in Information Technology and Privacy Law (Summer 2012)
  • Adjunct Professor, Course (2 credit hours): eDiscovery, Computer Forensics and Digital Evidence, LLM Program in Information Technology and Privacy Law (Fall 2011)
  • Adjunct Professor, Course (2 credit hours): eDiscovery, Computer Forensics and Digital Evidence, LLM Program in Information Technology and Privacy Law (Fall 2010)
  • Adjunct Professor, Course (2 credit hours): eDiscovery, Computer Forensics and Digital Evidence, LLM Program in Information Technology and Privacy Law (Summer 2010)
  • Adjunct Professor, Course (2 credit hours): eDiscovery, Computer Forensics and Digital Evidence, LLM Program in Information Technology and Privacy Law (Fall 2009)
  • Adjunct Professor, Course (2 credit hours): eDiscovery, Computer Forensics and Digital Evidence, LLM Program in Information Technology and Privacy Law (Summer 2009)
  • Adjunct Professor, Course (2 credit hours): eDiscovery, Computer Forensics and Digital Evidence, LLM Program in Information Technology and Privacy Law (Summer 2008)
  • Adjunct Professor, Course (2 credit hours): eDiscovery, Computer Forensics and Digital Evidence, LLM Program in Information Technology and Privacy Law (Spring 2008)
  • Adjunct Professor, Course (1 credit hour):  Current Topics in IT Law: eDiscovery, LLM Program in Information Technology and Privacy Law (Spring 2007)
  • Adjunct Professor, Course (2 credit hours):  eDiscovery, Computer Forensics and Digital Evidence, LLM Program in Information Technology and Privacy Law (Spring 2006)
  • Adjunct Professor, Course (1 credit hour):  Current Topics in IT Law: eDiscovery Seminar, LLM Program in Information Technology and Privacy Law (Summer 2005)
  • Guest Lecturer, Individual Class: Trade Secrets, Economic Espionage and Information Warfare, LLM Program in Information Technology and Privacy Law (November 2004)

Military Service

  • United States Naval Officer (1987-1991 active duty, 1991-1995 selected reserve)