Jennifer A. Scott

Ms. Scott's wide-ranging experience includes civil litigation, business counseling, and intellectual property matters focusing on business, agribusiness and health care industries. Ms. Scott also handles a broad range of general and complex commercial litigation matters, including breach of contract, violation of constitutional rights, trademark prosecution, unfair competition, misappropriation of trade secrets, products liability and anti-trust claims. She counsels clients on trademark and copyright registrations and related matters before the USPTO. She represents individuals, farmers, dairies, small and large businesses, cities, counties and special districts in eminent domain proceedings, real property and easement disputes, and environmental contamination disputes involving air quality and water quality. Additionally, she represents health care providers, such as FQHCs, in regulatory and administrative proceedings involving audits and compliance as well as other litigation matters.  

Legal Experience

In practice since 1999, Ms. Scott is a tenacious litigator and a zealous advocate on behalf of her clients. Her extensive litigation background includes representing both public agencies and private property owners in all stages of eminent domain, including actions involving “right to take,” just compensation, fair market value of real property, severance damages and valuation of good will. Cases have included utility lines, irrigation canals, road widening and billboard signs.

Ms. Scott also represents landowners, farmers, dairies and other agribusiness clients in air and water quality cases involving nuisance, administrative agency compliance, the Federal Clean Water Act, California’s Porter Cologne Water Quality Act, Federal RCRA, the Federal Clean Air Act, the California Clean Air Act and the California Health and Safety Code.

Ms. Scott’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, Ms. Scott 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. Ms. 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.

Ms. Scott also provides advice, counsel, and litigation support in the health care 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).

Prior to joining Kronick in 2013, Ms. Scott 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.
  • Successfully defended a public entity against an unreasonable search and seizure claim under Section 1983 in federal court.  Was able to defeat a number of claims on a motion to dismiss and achieved a favorable settlement 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, Ms. 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 Ms. Scott 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 Ms. Scott obtained an award for punitive damages.
  • Assisted in prosecuting an anti-trust and unfair competition class action involving price fixing of Adalat prescriptions drugs, Ms. Scott negotiated the claims process and obtained final approval of the settlement.
  • Ms. Scott was lead counsel on a products defect class action involving Weekend Warrior toy trailers and was instrumental in achieving a multi-million dollar settlement.
  • Ms. Scott 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.

Eminent Domain

  • Successfully and expeditiously condemned over 30 parcels on behalf of a public agency acquiring land to install electrical transmission lines.
  • Defended a public entity against an eminent domain action filed by Caltrans seeking to acquire easement rights over the public entity’s electrical transmission lines and irrigation easements.
  • Represented property owner of submerged land in a condemnation action pertaining to the Stockton Channel that resulted in a settlement on the eve of trial.
  • Represented public agencies and property owners in condemnation proceedings where CalTrans sought to obtain roadways.
  • Represented several private business owners in condemnation proceedings where their land was being condemned.
  • Represented billboard owner in a condemnation action. 

Environmental Law

  • Represented a dairy client in a multi-party federal case involving federal Clean Water Act violations and nuisance claims associated with alleged ground water contamination resulting from the dairy’s operations.
  • Represented a tallow company in a lawsuit involving nuisance and air pollution claims.
  • Advised dairy clients regarding NPDES and WDR permitting requirements.
    Represented egg supplier and chicken farmer in lawsuit filed by the State regarding claims for destruction of vernal pools.
  • Represented municipal and individual clients in groundwater contamination cases.

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.

Agribusiness

  • Represented grape grower in lawsuits regarding contract and lease disputes.
  • Represented grape grower in lawsuit regarding trellis system valuation.
  • Represented landowners and farmers in real estate partition action.
  • Represented seed manufacturer regarding several lawsuits involving claims for defective seeds, negligent application of seed coating, and seed labeling requirements.

Health Care

  • Advised FQHC on self-investigation and corrective action plan regarding potential regulatory violations.
  • Represented FQHC in appeal process of RAC/MIC audits.
  • Advised and represented clients regarding IT contracts, services, termination and potential litigation.

Publications

  • “Must Central Valley Dairies file for an NPDES Permit?” The Stanislaus Farm News, January 30, 2009

Professional Activities & Affiliations

  • Martindale-Hubbell AV Rated Attorney
  • Top Lawyers, Sacramento Magazine, (2015-2016)
  • 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
  • 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, Lodi District Grape Growers Association
  • Member/Treasurer, 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

Admitted to Practice

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

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
  • Article, “Environmental Watchdogs Take a Bite Out of Foreign Investment in Chile,” 11 The Transnational Lawyer 245
  • 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
  • Published an International Treaty Analysis Webpage regarding the International Whaling Commission
  • Dean’s Student Advisory Board 1994-1995
  • Recipient, merit scholarships