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
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Overview
Phone: (916) 321-4349 | Email: jscott@kmtg.comAreas of Practice
Newsroom
- Licensing Considerations for CFOs & Hot Topics in Healthcare Compliance for Intermittent Clinics: There have been many changes to the process of establishing intermittent clinics in the past year, which have generated questions around changes in scope and PPS. The session provides an overview of emerging trends impacting healthcare regulatory compliance for intermittent clinics, including false claims act liability, licensing and enrollment issues, billing pitfalls, and increased regulation.
- Trust Is Not An Internal Control: Embezzlement Schemes and Basic Internal Controls: Internal controls prevent embezzlement and billing fraud but can be a challenge to implement in smaller organizations. We will discuss common embezzlement schemes and how to prevent or catch them early as well as steps to take with regulators regarding self-disclosure and corrective action plans.
- Curt Valva, COO, Aubrey Organics, Inc.
- Angela Diesch
- Jennifer A. Scott
- Darin Jones, Processing Program Manager, Oregon Tilth
- David Edwards, PhD, Manager, Consumer Products Implementarion Section, CA
- Paula Johnson, PhD, Research Scientist, CA Dept. of Public Health
- Gay Timmons, Founder/Owner of Oh, Oh Organic, Inc.
- Peg Carew Toledo, Partner, Toledo Don LLP
- Gordon Greenwood, Managing Partner, Maclaren Corlett LLP
- Professionals in the cosmetics and personal care industry, including In-house counsel; and officers, directors and executives for regulatory affairs, business development and marketing management
- Attorneys and regulatory compliance personnel, or anyone else, interested in the issues affecting the cosmetics industry, including litigation, trademark and IP protection, consumer products regulations, FDA law or “organic” cosmetics
Speaking Engagements
10.13.2023
|Speaking Engagement
|Creating a Competitive Advantage by Adding Additional Service Lines
Date
October 13
Location
Los Angeles
Related Practices/Industries
Kronick is pleased to sponsor the California Primary Care Association (CPCA) Annual Conference on October 12-13 in Los Angeles. Shareholder Jennifer Scott will participate in a panel discussion “Creating a Competitive Advantage by Adding Additional Service Lines.” This session describes how to legally add an additional service line to your FQHC practice such as hiring employees or entering provider contracts for services. We will analyze and assess the practical benefits of adding an additional service line to improve financial and operational practices and to create an integrated care setting. This session also provides real-life examples of how FQHCs have implemented chiropractic services, including examples of the types of conditions treated at FQHCs. To learn more and to register, please visit the event website.
05.21.2021
|Speaking Engagement
|Telehealth Billing Pitfalls and Best Practices – From Pandemic to Future Framework
DATE
May 17-21, 2021
LOCATION
Virtual
Related Practices/Industries
OVERVIEW
Kronick Shareholder Jennifer Scott will participate in a panel discussion about the rules and regulations related to telehealth visits, examples of what pitfalls to avoid, best practices to ensure reimbursement from Medi-Cal/Medicare, and how to incorporate into your reconciliation requests. As well as what to do if you have billed for a telehealth visit that you shouldn’t have and what changes to telehealth are coming down the pipe and how best to comply with these changes to the regulations. Please visit the event website for more information and to register.
08.21.2020
|Speaking Engagement
|California Primary Care Association’s Billing Managers and CFO Conference
Date
August 17 – 21
Location
Virtual
Related Practices/Industries
Overview
The California Primary Care Association’s Billing Managers and Chief Financial Officers Conference provides an exchange of information, problem-solving, and training for community health centers (CHCs). Kronick Senior Counsel Jennifer Scott will be participating in two-panel discussions: “Licensing Considerations for CFOs & Hot Topics in Healthcare Compliance for Intermittent Clinics” and “Trust is Not an Internal Control – Embezzlement Schemes and Basic Internal Controls.”
05.17.2019
|Speaking Engagement
|FQHC Regulatory Constraints and Growth Opportunities
Date
Friday, May 17th
Location
San Diego, CA
Related Practices/Industries
Overview
The California Primary Care Association’s Chief Financial Officers Conference provides an exchange of information, problem solving, and training for community health centers (CHCs). Kronick attorney Jennifer Scott will be participating in a panel discussion addressing the difference between a Scope of Project and a Scope of Service and its impact upon revenue cycle management of FQHCs.
01.26.2017
|Speaking Engagement
|IP Year in Review
Date:
Thursday, January 26
Location:
McGeorge School of Law Student Center
Organizers:
Related Practices/Industries
Organized By:
Sacramento County Bar Association
Program Overview:
Kronick Senior Counsel Jennifer Scott will present at the Sacramento County Bar Association’s January 26th event, IP Year in Review. She will discuss trade secrts, other panelists will cover copyrights, trademarks, and patents.
Registration:
Please visit the event website for more information and to register.
04.25.2016
|Speaking Engagement
|Ag Innovation Entrepreneurship Academy
Date:
Monday, April 25
Location:
U.C. Davis, Walter A. Buehler Alumni Center
Organizers:
Related Practices/Industries
Sponsored By:
UC Davis Graduate School of Management
Overview:
Kronick Senior Counsel Jennifer Scott will present at the Ag Innovation Entrepreneurship Academy on April 25-27 at UC Davis. She participate in the panel discussion "Applying your Skills to a Career in Ag Tech."
For more information or to register, please visit the event website.
04.17.2015
|Kronick Workshop
|Looking Good in the Eyes of the Law: 2015 Cosmetics Compliance Seminar
Date & Time:
Friday, April 17, 2015
8:30 a.m. - 5:00 p.m.
Saturday, April 18, 2015
8:30 a.m. - 12:30 p.m.
Location:
Marines' Memorial
Club & Hotel
609 Sutter Street
San Francisco, CA 94102
(415) 673-6672
Special Room Rate For Attendees
$239 Standard Room
$269 Deluxe Room
Parking:
MCLE Credit:
9.0 Hours
Questions:
Contact Merry Iseley
916.321.4577
miseley@kmtg.com
Organizers:
Related Practices/Industries
Join us for a day and a half legal seminar devoted to the cosmetics industry. Space is limited to 50 guests so register TODAY to reserve your spot!
Seminar Overview:
Distinguished lawyers and regulatory experts representing the cosmetics and personal care industries will share their knowledge, experience and insight on the latest legal and regulatory developments impacting the cosmetics industry. This seminar will help you comply with the laws and regulations affecting cosmetics companies doing business or selling products in the US, Canada and Europe. You will learn how to avoid common labeling and marketing errors, including the scope of claims that may be made and avoiding unintentional drug claims that can cause your product to be a misbranded illegal drug. The significance of recent congressional, legislative and regulatory activity will be evaluated and applied to the cosmetics industry. Also, trending marketing claims, e.g., “organic,” “natural” and “made in the USA,” will be examined. This comprehensive seminar will provide practical advice and strategies to ensure your company’s cosmetics labeling, marketing and advertising minimize the risk of a consumer fraud class action lawsuit and keep your company “looking good in the eyes of the law." Download the full brochure with all of the details.
Presenters:
Who Should Attend:
Registration:
Registration fee of $399 includes all program materials, continental breakfast both days, and lunch and cocktail reception on Friday.
Please click here to register and pay. You will receive a confirmation email and invoice for payment within 24 hours.
You may pay by credit card or by check.
01.31.2014
|Speaking Engagement
|Intellectual Property Year in Review Panel | Trade Secrets
Date:
Friday, January 31, 2014
Time:
5:30 - 8:30 P.m.
Location:
Student Center
McGeorge School of Law
MCLE:
1.5 Hours
Organizers:
Related Practices/Industries
Sponsored By:
The Sacramento County Bar Association's Intellectual Property Section and
McGeorge's Intellectual Property Student Assocation
Presenters:
[SPEAKERS]
Ms. Scott will be presenting on Trade Secrets
Landon Bailey, Hanson Bridgett, will be presenting on Copyrights
Matthew Poppe, Orrick, will be presenting on Patents
Scott Pink, DLA Piper, will be presenting on Trademarks
Registration:
Click here to register for this event.
04.11.2013
|Speaking Engagement
|Social Media, Intellectual Property and Your Rights – What Every Parent or Business Owner Should Know
Date:
Thursday, April 11, 2013
Time:
11:30 a.m. - 1:30 p.m.
Location:
Papapavlo's
501 N. Lincoln Center
Stockton, CA
Organizers:
Related Practices/Industries
Sponsored By:
Women's Success Group, a network organization in San Joaquin County devoted to providing support to the Stockton’s Women Center
KMTG Presenter:
[SPEAKERS]