J. Scott MaxwellJ. Scott Maxwell started his legal career as a judge advocate with the United States Marine Corps. For the last 40 years, he has focused his practice on utility and municipal law, banking, finance and business law. Scott is recognized as a leader in the representation of municipal entities in the area of utility law. Scott is the East Region Solicitor of the Pennsylvania Municipal Authorities Association and speaks regularly at its annual convention, which hosts over 600 municipal authorities throughout the Commonwealth. Recently, he was awarded the Association's William H. Markus Award of Excellence. It is the highest honor given by the organization and it recognizes Maxwell's "distinguished service to the Municipal Authorities of the Commonwealth of Pennsylvania and outstanding personal service to the PMAA." Scott represents four municipal authorities (two since 1974) in the water and sewer sectors and is often sought out by authorities that he doesn't represent to serve as a consultant due to his extensive knowledge of this area of the law. Scott's practice also includes handling financial transactions involving the local banking community and municipal-bond underwriters. In addition to working on bond issues for his municipal clients, he has also represented lenders in tax-free financing of municipal, non-profit and manufacturing projects. Scott has qualified for and is listed in the Red Book as an attorney permitted to issue bond opinions. Active in the venture capital area, Scott has assisted clients in obtaining cable TV franchises, spotting fuel oil barges and acquiring foreign companies. He is a former member of the Pennsylvania Bar Association House of Delegates, a past president of the Montgomery Bar Association and a past member of its Board of Directors. Scott obtained his undergraduate and law degrees from the University of Notre Dame.
Recent Representative Cases:
Utility and Municipal Law
* While representing a utility contractor on an extensive water-supply project, Scott successfully negotiated claims against a manufacturer of defective equipment which saved the contractor in excess of $500,000 and resulted in savings for the local community. In another matter involving water supply, he was able to extricate a contractor from a project bogged down in delays caused by political issues and recover what would have been lost profit for the contractor on the project.
Banking and Financing Issues
* A local fire company seeking financing and somewhat reluctant to have the municipality borrow on its behalf, contacted Scott to see if there were a way in which the fire company could benefit from tax-free bonds. Working with the Tax Department of the firm, he advised the fire company of a little-known section of the Internal Revenue Code which allowed the fire company to issue its own tax-free bonds through the help of a local bank.
* In representing seven industrial development authorities with no office staff, Scott functions as their business manager in pursuing economic development through tax-free financing. Recent financings include manufacturing facilities, a chain of nursing homes in three different counties, educational institutions and facilities for social service providers enjoying not-for-profit status.
Speeches/Publications:
- Municipal Authorities, Creation, Purposes, Powers and Control - Pennsylvania Bar Institute, February, 2008
- Legal Review for Pennsylvania's Municipal Authorities Pennsylvania Municipal Authorities Association, June 2007
- Municipal Law Update Course Planner Pennsylvania Bar Institute, October, 2006 Water, Sewer and Tapping Fees Municipal Law Colloquium Pennsylvania Bar Institute, April, 2005
- Anatomy of Not-for Profit Financing, April, 2005
- Setting and Determining Fees Pennsylvania Bar Institute, December, 2004
- Pennsylvania Municipal Authorities Association Board Member Training, Manager Training and various presentations at Pennsylvania Municipal Authorities Association Convention, 2000-2008
Professional and Civic Memberships:
- United States Court of Military Appeals
- Pennsylvania Bar Association House of Delegates
- Montgomery Bar Association
- Past President
- Past Member, Board of Directors
- Pennsylvania Municipal Authorities Association
- Associate Member and Solicitor
- Montgomery Child Advocacy Project
Personal Interests:
Scott was both a football player and assistant coach during his seven years at Notre Dame. He worked as an accountant during law school and, following graduation, was commissioned in the United States Marine Corp, where he spent four years in the Judge Advocate's Corps. He remains very dedicated to his college and the Corps. He is an active member of the Notre Dame Alumni Association and a member of the Marine Corps Heritage Foundation.
