Jennifer A. Scott, Shareholder

Jennifer, manager of the firm’s business transactions practice group, focuses on health care litigation, regulatory compliance, business counseling, civil litigation and intellectual property. She represents health care providers, such as FQHCs, in regulatory and administrative proceedings involving audits and compliance and the defense of False Claims Act violations, governmental investigations, whistleblower actions, and other litigation matters. Jennifer advises health care clients on several regulatory and compliance matters, including developing compliance programs to mitigate risk. She defends physicians and health care providers facing disciplinary actions before the California Medical Board. Jennifer also handles a broad range of general and complex commercial litigation matters and counsels clients on trademark and copyright registrations.

Legal Experience

Jennifer’s health care practice focuses on providing advice, counsel, and litigation support in various matters, including fraud and abuse (Anti-Kickback Statute, Stark Law, False Claims Act) and Medicaid and Medicare enforcement (RAC and MIP audits). Specifically, Jennifer has represented several FQHCs in defense of OIG investigations that began as whistleblower False Claims Action violation cases. She is experienced in all stages of these matters, including responding to the OIG subpoena, defending clients in depositions, and resolution and settlement of claims. Jennifer’s practice also involves conducting internal investigations for health care clients concerning issues of compliance with federal and state regulations and advising clients on making voluntary self-disclosures and developing and implementing corrective action plans. She also represents health care providers in administrative proceedings, appeals and audits about Medi-Cal reconciliation requests and scope change requests. In addition, she regularly helps organizations develop compliance programs to mitigate risk. Jennifer also helps various provider’s defend their medical licenses before governing boards, like the California Medical Board.

Jennifer’s diverse background also includes litigation and transactional expertise in intellectual property matters. She advises clients on strategic intellectual property decisions; copyright, trade secret and trademark litigation (common law and registered marks); licensing agreements; and product label review. She has represented intellectual property clients in the areas of software, food, alcoholic beverages, wineries, restaurants, film companies, real estate developers, schools, and industrial and commercial manufacturers of automated robotic parts, hardware and construction materials.

Specifically, Jennifer has prosecuted several infringement cases involving registered trademarks and service marks in both state and federal courts and before the Trademark Trial and Appeals Board. She regularly advises and assists individuals and businesses seeking to register a copyright, trademark and/or service mark, and has registered numerous wine and food labels, product logos, software programs, and proprietary names on behalf of major wineries, restaurants, manufacturers, corporations, individuals and developers. Jennifer Scott has also prosecuted domain cybersquatting cases in federal court.

Her experience also extends to trade secret litigation, wherein she has defended several clients in misappropriation of trade secrets and unfair competition cases involving both trade secrets of a technical nature, such as computer programs, to those of a non-technical nature, such as business, marketing and financial information and customer lists.

Prior to joining Kronick in 2013, Jennifer was a partner at a Stockton area law firm where she worked upon graduating law school in 1999.

Practice Examples

Civil Litigation

• Represented multiple parties in an anti-trust and unfair competition case in federal court that was resolved at mediation.
• Enforced a judgment on jury verdict through an Order to Show Cause proceeding and obtained significant sanctions in the form of an award of attorney’s fees which were upheld on appeal.
• On the eve of the jury trial, Jennifer Scott settled a lengthy and hotly contested lawsuit between a developer and a community college for breach of contract claims pertaining to a project to develop a satellite campus.
• Represented several property owners in disputes regarding easements. One case went to a jury trial where Jennifer was successful in obtaining a verdict to construct a fence along the driveway easement to prevent overuse.
• Represented neighboring property owner in a dispute regarding changes made to the natural course of drainage easements resulting in flooding. The case went to a jury trial where Jennifer obtained an award for punitive damages.
• Assisted in prosecuting an anti-trust and unfair competition class action involving price fixing of Adalat prescription drugs, Jennifer negotiated the claims process and obtained final approval of the settlement.
• Jennifer was lead counsel on a products defect class action involving Weekend Warrior toy trailers and was instrumental in achieving a multi-million dollar settlement.
• Jennifer was lead and local counsel on more than a dozen class actions involving anti-trust or products defect and warranty claims, and achieved the largest settlement amount approved by the court in San Joaquin County.

Intellectual Property

• Registered and established secondary meaning of numerous trademarks before the USPTO.  Examples of such registrations include name brands, food and wine labels, real estate development branding, and design logos.
• Prosecuted several trademark infringement cases on behalf of a developer in federal court and before the US Trademark Trial and Appeals Board.
• Obtained injunctions against competitors infringing upon both registered and unregistered trademarks.
• Negotiated numerous licensing agreements on behalf of trademark clients involving the right to use a proprietary name or registered mark in the entertainment, wine, restaurant, construction, manufacturing, and real estate industries.
• Represented large agricultural egg distributor in domain cybersquatting and trademark infringement lawsuits and ultimately obtained rights to the sought-after domain name.

Health Care

• Advised FQHC on self-investigation and corrective action plans regarding potential regulatory violations of state and federal laws.
• Represented FQHCs in the appeal process of RAC/MIC audits.
• Advised and represented clients regarding IT contracts, services, termination, and potential litigation.
• Represented FQHCs in the appeal process of Reconciliation audits.
• Represented FQHCs in defense of False Claims Act litigation.
• Conducted self-investigation into whistleblower claims.
• Advised FQHCs regarding potential HIPAA violations and assisted with the implementation of corrective action plans to prevent violations.

Professional Activities & Affiliations

• Martindale-Hubbell AV Rated Attorney
• Northern California Super Lawyers (2019-2023)
• Top Lawyers, Sacramento Magazine (2015-2023)
• Best of the Bar, Sacramento Business Journal (2015)
• Alumni Board of Director, University of the Pacific, McGeorge School of Law
• Achieved the National Institute of Trial Advocacy (NITA) Advocate designation for her course study in deposition skills, persuasive writing, and advanced trial advocacy
• Former President, Women’s Success Group – network organization in San Joaquin County devoted to providing support to the Stockton’s Women Center
• Graduate and Alumni Member, Leadership Stockton
• Member/ Vice-Chair Sacramento County Bar Association, Intellectual Property Section
• Member, San Joaquin County Bar Association
• Member, American Bar Association
• Member, California Lawyers Association, Intellectual Property and Litigation Sections
• Member, United States Tennis Association
• Member, American Health Lawyers Association
• California State Bar #204234

Admitted to Practice

• All California State Courts
• United States District Court, Eastern and Northern Districts of California
• United States District Court of Colorado
• United States Supreme Court

Academic Background

J.D. University of the Pacific, McGeorge School of Law, 1999

• Member, Roger J. Traynor Honor Society
• Dean’s List 1997, 1998, 1999
• Recipient, McGeorge Scholar Award
• Recipient, Honors at Entrance
• Recipient, Verne Adrian, and Annabel McGeorge Academic Achievement Scholarship
• Recipient, American Jurisprudence Award in Alternative Dispute Resolution
• Staff Writer and Associate Comment Editor, The Transnational Lawyer
• Member and Publications Chair/Editor, Environmental Law Forum
• Intern, United States Department of Justice, Environmental Natural Resources Division, Sacramento

B.S. in Environmental Policy Analysis and Planning, University of California, Davis, 1995

• “Outstanding Senior” Graduate
• Dean’s List 1993, 1994, 1995
• Dean’s Student Advisory Board 1994-1995
• Recipient, merit scholarships