Scott Michael Lupiani

Partner | Litigation

About

As a former Airborne Infantryman and Army officer, Scott’s calm and candid demeanor, no-nonsense approach to representation, ability to cut the issue to the core matter, and clear thinking under pressure are a direct result of his 11 years serving this Country. As he says: “If I can jump out of a perfectly good airplane, then there is not much that affects me.”

  • The terrorist attacks on 9/11 occurred during Scott’s time in law school. As an Army Officer, defense of the Country took precedent and Scott volunteered for activation as the Personnel Officer for Operation Nobel Eagle, the border defense mission between New York and Canada. Scott demonstrated his dedication (and the trust his superior officers possessed in him) by continuing to attend law school while simultaneously serving as an Active Duty Army Officer managing nearly 200 soldiers patrolling 13 ports of entry in New York.

    Scott demonstrated his leadership and dedication while in service to his country, and he continues to demonstrate that same leadership and dedication representing his clients.

    Scott draws on his extensive experience in Health Law, includes drafting and managing Compliance, Fraud, Waste, and Abuse, contracting, litigation, Food and Drug Administration regulations and audits, Medicare and Medicaid contracting, audits, HIPAA, and data security and privacy in his practice of representation of clients navigating the intersection of technology and health related matters.

    Scott has represented clients in complex federal litigation and state courts, a wide variety of health care and vendor contract transactions, alternate dispute resolution, and earlier in his career represented numerous environmental clients in cost recovery actions, governmental regulatory and compliance, and permitting and planning. That experience contributed to a well-rounded attorney with a unique understanding of the heavily regulated and complex health care arena.

    In addition to his robust litigation experience, Scott has worked with organizations on compliance, contract negotiations, and incident response matters. He has assisted corporate clients whose data was held hostage by third party vendors. Scott also represents clients who face federal and state investigations and performs internal investigations to guide organizations through crises and other difficult situations.

    Before Pierson Ferdinand, Scott was an attorney at The Beckage Firm. Prior to that, he was General Counsel of a Food and Drug Administration regulated Medical Device manufacturer and national Medicare contracted durable medical equipment supplier. Scott has direct experience in Compliance and Regulatory matters, Contracts and Business Transactions, Litigation, Audits and Self Disclosure, Medicare/Medicaid Overpayments and Audits, Personal Injury Protection (No-Fault) and Workers’ Compensation. Scott has also worked for a large New York law firm handling large complex litigations on behalf of his corporate clients.


Practices

  • Arbitration and Mediation

  • Civil Pretrial and Trial Services

  • Class Action Defense

  • Commercial Litigation

  • Cyber-Risk, Privacy, and Data Security

  • Environmental, Health, and Safety

  • Insurance

  • Legal Ethics and Professional Responsibility

  • Litigation and Risk Management

  • TCPA Defense

  • Technology

  • White Collar Defense & Investigations

Admissions

  • New York

  • U.S. Supreme Court


Education

  • University at Buffalo School of Law, J.D., 2004

  • SUNY Brockport, B.S.

Law Firm Experience

  • The Beckage Firm PLLC

  • Lupiani Law, PC

  • Watson Bennett Colligan & Schechter, LLP

  • Hodgson Russ LLP


Corporate Experience

  • Elite Medical Supply of New York, LLC