Jennifer A. Scott, Senior Counsel

Jennifer’s wide-ranging experience includes civil litigation, business counseling, healthcare litigation, regulatory compliance and intellectual property. Jennifer handles a broad range of general and complex commercial litigation matters, including breach of contract, trademark prosecution, unfair competition and misappropriation of trade secrets. She also counsels clients on trademark and copyright registrations. Additionally, she represents healthcare providers, such as FQHCs, in regulatory and administrative proceedings involving audits and compliance, as well as in the defense of False Claims Act violations, governmental investigations, whistleblower actions and other litigation matters.

Legal Experience

Jennifer’s diverse background 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 a number of 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.

Jennifer also provides advice, counsel, and litigation support in the healthcare industry in various matters, including fraud and abuse (Anti-Kickback Statute, Stark Law, False Claims Act) and Medicaid and Medicare enforcement (RAC and MIP audits). Jennifer’s practice also involves conducting internal investigations for healthcare clients concerning issues of compliance with federal and state healthcare regulations and advising clients on making voluntary self-disclosures.

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 prescriptions 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 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 lawsuit 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 appeal process of RAC/MIC audits.
  • Advised and represented clients regarding IT contracts, services, termination and potential litigation.
  • Represented FQHCs in 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
  • Top Lawyers, Sacramento Magazine (2015, 2016, 2017, 2018)
  • 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 State Bar Association, Intellectual Property and Litigation Sections
  • Member, United States Tennis Association
  • Member, American Health Lawyers Association

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

    Speaking Engagements

    01.26.2017

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    Speaking Engagement

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    IP Year in Review

    Date:

    Thursday, January 26

    Location:

    McGeorge School of Law Student Center

     

     

    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

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    Speaking Engagement

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    Ag Innovation Entrepreneurship Academy

    Date:

    Monday, April 25

    Location:

    U.C. Davis, Walter A. Buehler Alumni Center

    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

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    Kronick Workshop

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    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:

    Click here

    MCLE Credit:

    9.0 Hours

    Questions:

    Contact Merry Iseley
    916.321.4577
    miseley@kmtg.com

    Cosmetics Compliance Seminar

    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:

    • 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

    Who Should Attend:

    • 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

    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

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    Speaking Engagement

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    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

    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

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    Speaking Engagement

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    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

    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]