Scott Moss

Scott Moss has taught Federal Litigation - Everything But the Trial (pretrial drafting and simulations), Employment Law and Discrimination, Constitutional Law, and Economic Analysis of Law. Students have voted him the annual teaching award at both Colorado Law and Marquette Law School; he also has won the University-wide Student Affairs Faculty Member of the Year Award for support he has provided to CU students. His main research areas are wages and other compensation, employment discrimination and retaliation, and the First and Fourteenth Amendments; he also researches litigation practice and procedure, including summary judgment briefwriting, class action practice, discovery sequencing, settlement confidentiality, and damages assessments. In addition to academic articles, he has co-authored a leading employment law casebook, the wages chapter of a popular employment litigation treatise, and supplementary material to the most-cited employment discrimination treatise. Moss also is a statistician who regularly conducts statistical analyses, empirical tests, and simulations for the law school, for litigants, and in academic publications.

Moss is an experienced trial and appellate lawyer who still litigates and has won the following victories for plaintiffs and defendants: enjoining Colorado's century-old criminal statute against showing anyone a completed ballot, leading the legislature to repeal the statute; an appeal that led to reinstatement of a Colorado State Patrol Officer "outed" as gay by an improper polygraph; a multi-million-dollar victory against several major employers that forced the New York City supermarket and pharmacy labor market to start paying delivery workers the minimum wage; a verdict for an immigrant cook for unpaid wages under federal and Colorado law, and against an immigration fees counterclaim; an implied covenant of good faith victory against a Wall Street firm for deferred compensation and bonuses; an over $20 million verdict for securities fraud and fiduciary breach as to rare coin investments; an appeal that revived a business's racketeering investment claim against a competitor funded by tax fraud; an abuse of process counterclaim verdict under Colorado law in defending a woman sued for defamation by the ex-husband she procured a restraining order against; and dismissal of a qui tam claim filed by someone after he was caught committing fraud. But he has lost about as many claims as he's won, because that's how litigation goes. Moss has counseled and represented clients outside litigation as well: drafting and reviewing employers' handbooks, contracts, and noncompetition provisions; advising businesses on personnel decisions and on employment law compliance; and negotiating severance and settlement agreements. He also was twice appointed a Boulder County hearing officer, presiding over evidentiary submissions and testimony, and issuing a written decision, reviewing County employment decision-making.

At CU, Moss has been Chair of the Admissions committee for 10 years and Chair of two search committees for Director-level staff members. As Schaden Chair in Experiential Learning, he works to improve the experiential curriculum and supervises the Program Director running externships, litigation competitions, and pro bono projects. Moss also actively participates in the Colorado and national bar: serving as Secretary of the ABA Labor & Employment Law Section, and as CLE Chair on the Board of Directors of Colorado's federal court bar association (the Faculty of Federal Advocates); being invited to testify at Colorado legislature committees on employment and constitutional legislation; and speaking regularly at bar events sponsored by the ABA, Colorado Bar Association, National Employment Lawyers Association and its Colorado chapter (PELA), Colorado Defense Lawyers Association, and Association of Corporate Counsel.