Our People

Scott Killingsworth

Partner

, Bryan Cave LLP
Atlanta

Tel

1 404 572 6702

Fax

1 404 420 0702
scott.killingsworth@bryancave.com
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Scott Killingsworth

Partner


Atlanta



One Atlantic Center, Fourteenth Floor
1201 W. Peachtree St., N.W.
Atlanta, Georgia 30309-3471

Phone:

1 404 572 6702

Fax:

1 404 420 0702

email:

scott.killingsworth@bryancave.com

Scott Killingsworth is a business lawyer focused on corporate and high-technology matters. He has represented public and private companies in fields as diverse as computer hardware and software, medical devices, manufacturing, financial services, logistics and distribution, and health care.

One of Ethisphere’s “Attorneys Who Matter” in ethics and compliance for 2013 and 2014, Mr. Killingsworth also received a 2013 Burton Award for Distinguished Legal Writing. Mr. Killingsworth was the only lawyer in the Southeast named to the BTI Client Service All-Star Team in both 2007 and 2008. In studies conducted by The BTI Consulting Group, each All-Star honoree was singled out for superior client service, on an unprompted basis, by one or more Fortune 1000 clients. This distinction was awarded to only 113 lawyers nationwide in 2007, and to 148 in 2008.

Mr. Killingsworth counsels on corporate governance and strategy formulation, regulatory compliance and corporate compliance program design and implementation, and transactions such as intellectual property licensing and protection; strategic alliances; mergers and acquisitions; government contracting; domestic and international distribution systems; OEM and VAR relationships; and commercial contracts of all kinds.

Mr. Killingsworth has served on the Board of Editors of the Journal of Business Compliance, E-Commerce Law Report, Technology Transactions, and the International Journal of e-Business Strategy Management, on the Board of Advisors of Intellectual Property Counselor and as Contributing Editor to a Matthew Bender treatise on the legal duties of corporate boards of directors. He has also served as Moderator of the High Tech and World Wide Web forum on the Law News Network web site and, with Bryan Garner, of the Legal Writing Forum on the Counsel Connect online service for attorneys.

Mr. Killingsworth has published numerous articles dealing with corporate law, compliance, technology law, and legal history and is a frequent lecturer on compliance programs, technology and intellectual property law, and legal writing. His published work has been cited in law reviews from Stanford, Harvard, Northwestern, Berkeley, and Vanderbilt, among others, in several textbooks and legal reference works, and in an opinion of the Supreme Court of Canada.

Professional Affiliations

  • American Bar Association – Business Law Section; Committee on Cyberspace Law; General Practice Section
  • American Intellectual Property Law Association
  • Atlanta Bar Association – Corporate Counsel Section
  • Center for Ethics and Corporate Responsibility, Board of Directors
  • Journal of Business Compliance, E-Commerce Law Report, Intellectual Property Counselor, Technology Transactions, and International Journal of e-Business Strategy Management – Editorial Boards

  • International Technology Law Association
  • Georgetown University Corporate Counsel Institute – Advisory Board
  • International Technology Law Association
  • Licensing Executives Society
  • Open Compliance and Ethics Group
  • Society of Corporate Compliance and Ethics
  • State Bar of Georgia – Corporate/Banking, Intellectual Property and Computer Law Section
  • Techlaw Group, Inc. – Former Treasurer and Director
  • Technology Association of Georgia
  • The Executive Forum, President (2010) Vice President (2009)

Civic Involvement and Honors

  • Burton Award for Distinguished Legal Writing, 2013, for "Modeling the Message: Communicating Compliance through Organizational Values and Culture"
  • BTI Client Service All Star Team Honoree (2007-2008)
  • Davenport College, Yale University – Fellow

  • Ethisphere Institute’s “Attorneys Who Matter” – 2013 and 2014

  • Georgia Super Lawyer (2005-2006, 2009)
  • Who's Who in America (Marquis)
  • Who's Who in American Law (Marquis)
  • Who's Who in Law and Accounting (Atlanta Business Chronicle)
  • Who's Who in Technology (Atlanta Business Chronicle)
  • Association of Yale Alumni – National Board of Governors, 1989-92 Yale College, Secretary, Class of 1972, 1987-97

  • Yale Law School Association – National Executive Committee, 2003-2008, 2014; Vice President, 2007-2008

  • Yale Law School – Secretary, Class of 1975, 1980-2000

Scott Killingsworth is a business lawyer focused on corporate and high-technology matters. He has represented public and private companies in fields as diverse as computer hardware and software, medical devices, manufacturing, financial services, logistics and distribution, and health care.

One of Ethisphere’s “Attorneys Who Matter” in ethics and compliance for 2013 and 2014, Mr. Killingsworth also received a 2013 Burton Award for Distinguished Legal Writing. Mr. Killingsworth was the only lawyer in the Southeast named to the BTI Client Service All-Star Team in both 2007 and 2008. In studies conducted by The BTI Consulting Group, each All-Star honoree was singled out for superior client service, on an unprompted basis, by one or more Fortune 1000 clients. This distinction was awarded to only 113 lawyers nationwide in 2007, and to 148 in 2008.

Mr. Killingsworth counsels on corporate governance and strategy formulation, regulatory compliance and corporate compliance program design and implementation, and transactions such as intellectual property licensing and protection; strategic alliances; mergers and acquisitions; government contracting; domestic and international distribution systems; OEM and VAR relationships; and commercial contracts of all kinds.

Mr. Killingsworth has served on the Board of Editors of the Journal of Business Compliance, E-Commerce Law Report, Technology Transactions, and the International Journal of e-Business Strategy Management, on the Board of Advisors of Intellectual Property Counselor and as Contributing Editor to a Matthew Bender treatise on the legal duties of corporate boards of directors. He has also served as Moderator of the High Tech and World Wide Web forum on the Law News Network web site and, with Bryan Garner, of the Legal Writing Forum on the Counsel Connect online service for attorneys.

Mr. Killingsworth has published numerous articles dealing with corporate law, compliance, technology law, and legal history and is a frequent lecturer on compliance programs, technology and intellectual property law, and legal writing. His published work has been cited in law reviews from Stanford, Harvard, Northwestern, Berkeley, and Vanderbilt, among others, in several textbooks and legal reference works, and in an opinion of the Supreme Court of Canada.

Bar and Court Admissions

Georgia, 1975

Education

Yale University, J.D., 1975

Yale University, B.A., Yale National Scholar; National Merit Scholar, magna cum laude, Divisional Honors with Exceptional Distinction, Phi Beta Kappa, 1972

Publications

Recent publications include:

  • “Beginning with the End in Mind:  Planning for a Purpose-Built, Cost-Effective Risk Assessment,” Practising Law Institute Course Handbook for the Advanced Compliance and Ethics Workshop 2014.
  • “Whistleblowing: Love It or Loathe It,” Round-Table Debate, Journal of Business Compliance, June 2014.
  • “The Privatization of Supply Chain Compliance,” Two-part series in The FCPA Blog, June 23 and 24, 2014.
  • “The Privatization of Compliance,” invited white paper for RAND Corporation symposium on “Transforming Compliance: Emerging Paradigms,” May 28, 2014, Washington, D.C., available at http://ssrn.com/abstract=2443887.
  • “Compliance: A Function in Transition?”  Round-Table Debate, Journal of Business Compliance, February 2014.
  • “Schooled in Fraud: Compliance Lessons from the ‘Lying Dutchman,’” Compliance Today, October 2013; reprinted in Compliance & Ethics Professional, November/December 2013.
  • “Ethics in the Executive Suite: The Best, the Brightest, and a Wicked Problem, Part I:  The C-Suite Crucible and Behavioral Ethics,” Journal of Business Compliance, October 2013.
  • “Boards, CEOs, and Compliance”, Corporate Counsel, October 16, 2013; re-published, New Jersey Law Journal, November 12, 2013.
  • “‘C’ is for Crucible: Behavioral Ethics, Culture, and the Board’s Role in C-suite Compliance,” invited white paper for RAND Corporation symposium, published in CULTURE, COMPLIANCE, AND THE C-SUITE: HOW EXECUTIVES, BOARDS, AND POLICYMAKERS CAN BETTER SAFEGUARD AGAINST MISCONDUCT AT THE TOP, RAND, September 2013.
  • “Meet Scott Killingsworth,” (Interview) Compliance Today, May 2013.
  • “Bryan Cave’s Scott Killingsworth on Corporate Compliance, Culture, and Motivated Blindness,” (Interview and accompanying story), Corporate Crime Reporter, July 2013; reprinted in Huffington Post as “Motivated Blindness.”
  • "Modeling the Message: Communicating Compliance Through Organizational Values and Culture," Georgetown Journal of Legal Ethics, Vol. XXV , No. 4, Fall, 2012, p. 961, available at http://ssrn.com/abstract=2161076 
  • "Strategic Licensing: Leveraging Technology Through Alliances," Technology Transactions, May 2004, p. 1
  • "Privacy Policies," chapter in Brinson, J.D, and Radcliffe, M.F., Internet Law and Business: A Practical Guide, Ladera Press, 2000
  • "Minding Your Own Business: Privacy Policies in Principle and in Practice," Journal of Internet Law, Vol. 3, No. 4 (October 1999), p.1; expanded version, Journal of Intellectual Property Law, Vol. 7, No. 1 (Fall 1999), p. 57
  • "Making It Legal: A Checklist for Website Privacy Audits," E-Commerce Law Report, Vol. 2, No. 1 (October 1999), p. 15
  • "Minefield Hopscotch: An Introduction to Website Privacy Law," E-Commerce Law and Strategy, Vol. 16, No. 6 (October 1999), p.7
  • "Form, Function and Fairness: Structuring the Technology Joint Venture," The Computer Lawyer, March 1998, p.1 and April 1998, p.8

Speeches and Seminars

Recent appearances include:

  • Presentation, “Compliance Risk Assessments,” Practising Law Institute Advanced Compliance and Ethics Workshop, New York, New York, October 8, 2014.
  • Presentation, “C-Suite Misconduct: Causes and Cures,” Ethics and Compliance Officer Association 22nd Annual Ethics and Compliance Conference, Atlanta, Georgia, October 1, 2014.
  • Presentation, “Transforming Compliance: Emerging Paradigms for Boards, Management, Compliance Officers and Government,” based on the RAND 2014 Symposium Report, Society of Corporate Annual Compliance & Ethics Institute, Chicago, Illinois, September 15, 2014.
  • Presentation, “The Privatization of Compliance,” RAND Corporation Symposium on “Transforming Compliance: Emerging Paradigms,” May 28, 2014, Washington, D.C.
  • Presentation, “Modeling the Message: Driving Compliance Results through Ethical Leadership and Organizational Culture,” Atlanta Compliance and Ethics Roundtable, 6th Annual Best Practices Workshop, October 24, 2013, Atlanta, Georgia; In-House Counsel CLE Institute, November 14, 2013, Denver, Colorado, St. Louis, December 6, 2013; Atlanta, March 31, 2014 and Phoenix, June 3, 2014; Georgia 2014 Conference for College and University Auditors, May 12, 2014;Chicago Regional Business Ethics Network, Chicago, Illinois, September 16, 2014.
  • Presentation, “Be Careful What You Wish For: Monitoring, Incentives and Unanticipated Consequences,” Advanced Discussion Group, Society of Corporate Compliance and Ethics Annual Institute, October 6 and 7, 2013, Washington, D.C.
  • Presentation, “C-Suite Misconduct: Causes, Cures and the Board’s Role as Guardian,” NACD/Terry College of Business Annual Board Governance Summit, September 17, 2013, Atlanta, Georgia.
  • Presentation, “‘C’ is for Crucible: Behavioral Ethics, Culture, and the Board’s Role in C-suite Compliance,” RAND Corporation Symposium on “Culture, Compliance and the C-Suite: How Executives, Boards, and Policymakers can Better Safeguard Against Misconduct at the Top,” May 2, 2013, Washington, D.C.
  • Presentation, "Ten Commandments of Compliance Communications ," seminar on "Corporate Compliance and Ethics", Practising Law Institute, May 10-11, 2012, Chicago, Illinois
  • Lecture, "Command, Control, Culture and Compliance," Society of Corporate Compliance & Ethics Webinar, August 25, 2011; University of Seattle Law School, October 10, 2011; and Georgia State University College of Law, April 17, 2012; and Ethisphere/West Legal Edcenter program, June 14, 2012; and Society of Corporate Compliance & Ethics 11th Annual Institute, October 15, 2012
  • Lecture, “Culture and the Science of Compliance: Behavioral Science Weighs in on Corporate Culture,” Society of Corporate Compliance & Ethics 9th Annual Institute, September 13, 2010, Chicago, Illinois
  • Moderator and Panelist, "The Science and Art of Compliance -- The Critical Role of Organizational Culture in Influencing Behavior," Georgetown Corporate Counsel Institute, March 12, 2009, Washington, D.C.
  • Panelist, "Compliance: Harnessing the Sentencing Guidelines to Build a Successful Program," Georgetown Corporate Counsel Institute, March 6, 2008, Washington, D.C.
  • Lecture, “Corporate Compliance and Ethics Programs: Context, Content, Construction and Confirmation,” CLE Program, September 12, 2007, Chicago, Illinois
  • Panelist, "Corporate In-House Counsel in the Age of Internal Compliance," Corporate Compliance: The Role of Company Counsel, October 4, 2007, Georgetown University Law Center
  • Leader, "Corporate Compliance Workshop," The Executive Forum, October 3, 2006, Cincinnati, Ohio
  • Lecture, "Evaluating Compliance Program Effectiveness," Georgetown Corporate Counsel Institute, March 9, 2006, Washington, D.C.
  • Lecture, "Channel Surfing: Marketing and Distribution Alliances that Click," ICLE seminar on Alliances, Partnerships and Joint Ventures, January 24, 2003, Atlanta, Georgia
  • Lecture, "Recent Developments in Internet Privacy Law," Georgia Society of Certified Public Accountants, April 23, 2002, Atlanta, Georgia
  • Lecture, "Technology Licensing in Joint Ventures," American Intellectual Property Law Association, April 19, 2002, New York, New York
  • Panel Moderator, Atlanta Regional Council of Higher Education Summit: Growing Georgia's Biotechnology Industry, March 27, 2002, Atlanta, Georgia
  • Lecture, "Capitalizing on your Intellectual Property," Technology Association of Georgia, March 12, 2002, Atlanta, Georgia
  • Panelist, "Entrepreneurship, Innovation, and the Role of Law," Yale Law School Program on Law and Technology, November 3, 2001
  • Moderator and Faculty Member, online seminar on "Using the Internet as a Research Tool for Attorneys," sponsored by Law.com, October 8-9, 2001
  • Panelist, Catalyst Magazine Summit, September 6, 2001
  • Lecture, "B2B and B2C–Lessons of the Fall," E-Commerce and Technology Law Institute, State Bar of Michigan and Michigan Institute of Continuing Legal Education, June 14, 2001
  • Lecture, "Terminal Velocity: Law at Light Speed," seminar on Cyberlaw in the 21st Century, Thomas M. Cooley Law School, Lansing, Michigan, October 27, 2000
  • Co-Chair, seminar on Intellectual Property Impacts on e-Business, Law Seminars International, October 12-13, 2000, Atlanta, Georgia
  • Faculty, online seminar on e-Commerce: Reinventing the Law, sponsored by Law.com, October 2-13, 2000, and August 28-September 7, 2001
  • Lecture, "Internet Privacy," seminar on "eCommerce Strategies for Success in the Digital Economy," Practising Law Institute, September 18-19, 2000, San Francisco, California
  • Faculty, online seminar on "Ethics and the Internet," sponsored by Law.com, September 11-22, 2000
  • Lecture, "Website Privacy Policies and Practices," Georgetown Law Center Advanced Computer Law Institute 2000, March 2-3, 2000, Washington, D.C.
  • Faculty, "The Internet as a Practice Tool," American Bar Association CLE Teleconference, January 19, 2000
  • Faculty, "Internet for Lawyers: A Workshop," Law News Network/Legal Seminars.com online seminar, September 14-28, 1999
  • Lecture, "Ignorance Is Risk: Intellectual Property Myths and Realities," CLE Seminar, May 20, 1999, Atlanta, Georgia
  • Lecture, "Preparing for Y2K: Contract, Supply Chain and Warranty Issues," CLE Seminar, January 28, 1999, Atlanta, Georgia
  • Lecture, "Special Considerations in Licensing Intellectual Property in Joint Ventures," American Conference Institute Ninth National Conference on Licensing Intellectual Property, October 12-13, 1998, New York City, Tenth National Conference, March 29-31, 1999, Chicago, and Eleventh National Conference, November 15-17, 1999, New York City

Professional Affiliations

  • American Bar Association – Business Law Section; Committee on Cyberspace Law; General Practice Section
  • American Intellectual Property Law Association
  • Atlanta Bar Association – Corporate Counsel Section
  • Center for Ethics and Corporate Responsibility, Board of Directors
  • Journal of Business Compliance, E-Commerce Law Report, Intellectual Property Counselor, Technology Transactions, and International Journal of e-Business Strategy Management – Editorial Boards
  • International Technology Law Association
  • Georgetown University Corporate Counsel Institute – Advisory Board
  • International Technology Law Association
  • Licensing Executives Society
  • Open Compliance and Ethics Group
  • Society of Corporate Compliance and Ethics
  • State Bar of Georgia – Corporate/Banking, Intellectual Property and Computer Law Section
  • Techlaw Group, Inc. – Former Treasurer and Director
  • Technology Association of Georgia
  • The Executive Forum, President (2010) Vice President (2009)

Civic Involvement and Honors

  • Burton Award for Distinguished Legal Writing, 2013, for "Modeling the Message: Communicating Compliance through Organizational Values and Culture"
  • BTI Client Service All Star Team Honoree (2007-2008)
  • Davenport College, Yale University – Fellow
  • Ethisphere Institute’s “Attorneys Who Matter” – 2013 and 2014
  • Georgia Super Lawyer (2005-2006, 2009)
  • Who's Who in America (Marquis)
  • Who's Who in American Law (Marquis)
  • Who's Who in Law and Accounting (Atlanta Business Chronicle)
  • Who's Who in Technology (Atlanta Business Chronicle)
  • Association of Yale Alumni – National Board of Governors, 1989-92 Yale College, Secretary, Class of 1972, 1987-97
  • Yale Law School Association – National Executive Committee, 2003-2008, 2014; Vice President, 2007-2008
  • Yale Law School – Secretary, Class of 1975, 1980-2000