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Scott J. Bornstein, Greenberg Traurig

Scott J. Bornstein

Fighting Antisemitism

Editors’ Note

Scott Bornstein has deep trial experience and has served as lead trial counsel in more than 300 patent litigations. He has broad experience in patent, trademark and copyright litigation, licensing and general IP counseling for a wide variety of national and international clients. Bornstein also has extensive experience working with clients to develop comprehensive prosecution and enforcement strategies which support their business objectives.

Did you know early on that you wanted to pursue a career in the legal profession?

Initially, I didn’t expect to end up in the legal profession – I was pre-med and a biochemistry major as an undergraduate, fully intending to go to medical school. My mother called me three days after taking the MCAT exam and told me that she had signed me up for the LSAT. She told me she always believed I would be an attorney and reminded me that in my kindergarten yearbook, which for some reason she still had, my teacher had written that I had an answer for everything and that I would make a great lawyer one day. I dutifully took the LSAT and was working at Johnson & Johnson during the summer when one of my co-workers told me that I should pursue a career as a patent attorney. It sounded interesting to me, and I decided to go to law school.

You have been with Greenberg Traurig for more than 24 years. What has made the firm so special for you?

When I first joined Greenberg Traurig, it was a much smaller firm in New York. I have been supported throughout my time at the firm. I value trust, respect, honesty, and collegiality above all else, and for me the distinguishing factor for Greenberg Traurig is its culture. There are many strong law firms in New York with talented lawyers who provide great client service, but I have never thought the grass is greener elsewhere. Greenberg Traurig has been everything I could have hoped for and more. As the firm has grown over the past 24 years, its culture and values have remained steadfast, enabling me to provide clients around the world with unparalleled resources and support.

Will you provide an overview of the Global Intellectual Property and Technology practice?

The practice is, in some respects, my baby, as I have been here since the early days of the group. We have built the group to 275 lawyers all over the world, and the majority of Greenberg Traurig’s offices now have IP capabilities. We handle all aspects of intellectual property, including patent, copyright, trademark, trade secret, Digital Millennium Copyright Act (DMCA), and right of publicity litigation; trademark prosecution and brand management; copyright and DMCA agent registration; patent prosecution and portfolio management; licensing; inter partes review; third-party monitoring; domain name management; and interferences. We also counsel on the full range of data privacy and security breach issues, provide licensing and cross-border services and defend data privacy, security breach, and Telephone Consumer Protection Act (TCPA) class action suits. Our team includes skilled and technical professionals with a deep understanding of both specialized technology and the complex dynamics of worldwide distribution, providing our clients with an entrepreneurial approach.

“When I approached firm leadership to discuss our potential involvement in lawfare addressing antisemitism, they asked if we had clients that had been wronged and if we had a viable, strong case. Their belief was simple: if those criteria were met, then these clients deserved representation.”

You have been a leader in addressing the issue of antisemitism. Will you discuss this effort and what has made this work so important to you?

The fight against antisemitism has always been deeply personal to me. To provide context, it’s important to point out that Greenberg Traurig was built by three Jewish men who did not receive opportunities at other firms and decided to create an inclusive place where everyone could thrive. One of the firm’s great leaders, Cesar Alvarez, exemplifies this ethos – he’s a Cuban man who came to the United States during a time of great persecution of Cubans and Latinos in Miami. Denied many opportunities growing up, Greenberg Traurig gave him the chance to shine. He became one of the world’s most respected leaders in the legal profession, and someone that I greatly admire.

My own background has also shaped my passion for combating antisemitism. My father is the youngest survivor of Auschwitz. Born in 1940 in Poland, he was taken from his home with his family to a ghetto first, and then to Auschwitz, when he was four years old. He spent almost a year incarcerated in Auschwitz. His father and 10-year-old brother were murdered in the gas chambers. It was only about eight years ago that my father started telling his story and authored a New York Times bestseller called Survivors Club, which details his experience.

When October 7 happened, a switch went on in me. I said that I was at this amazing law firm that cares about people and cares about fighting against hate in all forms. I felt that I had a responsibility to engage. With the firm’s support, we have pending litigation on behalf of Israeli and American victims of the October 7 terrorist attacks against American Muslims for Palestine and National Students for Justice in Palestine for providing material support to Hamas; we are defending the site StopAntisemitism.org a defamation lawsuit; and we are assisting college students who have been subjected to antisemitism on campus.

When I approached firm leadership to discuss our potential involvement in lawfare addressing antisemitism, they asked if we had clients that had been wronged and if we had a viable, strong case. Their belief was simple: if those criteria were met, then these clients deserved representation. I am incredibly proud to be a part of a firm that supports these kinds of efforts, and while this is clearly personally important to me, I am thrilled that our firm is involved in fighting hate in all forms.