Scott Bennett

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Scott has significant experience representing hospitals and other health care providers.  He provides advice to help health care companies comply with the web of federal and state laws and regulations that govern the industry.  That includes advice regarding the Stark Law and Anti-Kickback Statute; the legal requirements for Institutional Review Boards and clinical research; and the laws that apply to the collection and storage of biological specimens.

A substantial part of Scott’s practice is assisting clients, in health care and other industries, with information privacy and security.  He helps clients work to avoid data breaches by assessing and improving their privacy and security practices.  Scott assists clients in preparing for possible breaches, such as by creating incident response plans.  And he helps clients who have experienced a data breach or security incident investigate the incident; give notice to affected individuals, business partners, government regulators, and the media; comply with the requirements of federal and state breach laws; and prepare for the possibility of civil litigation and government investigations.

Scott’s background is in government investigations, criminal defense, and litigation.  He has helped health care providers and other businesses conduct internal investigations, respond to investigations by the government, and defend against civil lawsuits and criminal charges.  That includes defending health care clients in cases under the False Claims Act.

Scott is also General Counsel for the firm.

Representative Matters

  • Assisted health care and other companies investigate and respond to data breaches and other security incidents.
  • Advised health care technology companies to help them comply with the Stark Law, Anti-Kickback Statute, and similar laws.
  • Guided hospitals through FDA audits of their Institutional Review Boards (IRBs), and assisted in helping to develop policies for IRBs.
  • Helped hospital systems provide the software for electronic medical records to physician practices, in a way that complies with the Stark Law and Anti-Kickback Statute.
  • Represented corporations and individuals in investigations by the FBI, Department of Justice, state Attorney General’s Office, local police, and AHCCCS (Arizona’s Medicaid program).

Awards & Recognitions

  • Best Lawyers® in America for Criminal Defense: Non-White-Collar (2012 – present)
  • Super Lawyers (Southwest), “Rising Star” (2012)

Publications & Speeches

  • Presenter, The Legal Ethics of Social Media (Arizona Attorneys for Criminal Justice, January 2013)
  • Presenter, Arizona’s Medical Marijuana Law (Arizona School of Real Estate and Business, March 2012)
  • Presenter, Using Social Media for Investigations (Arizona Attorneys for Criminal Justice, January 2012)
  • Co-Author, “The Continued Expansion of the False Claims Act,” Journal of Health & Life Sciences Law (October 2010, co-authored with Jim Belanger)

Activities & Memberships

  • Member, Arizona Attorneys for Criminal Justice (Board member, 2011-2016)
  • Board Member, From Gangs to Jobs (2012-2015)
  • Member, American Health Lawyers Association
  • Member, Arizona Association of Health Lawyers

Clerkships

  • Hon. Ronald Gilman, U.S. Court of Appeals for the Sixth Circuit, 2003-04

Education & Admissions

  • J.D., University of California, Berkley School of Law (Boalt Hall), 2003, Order of the Coif
  • B.A., Arizona State University, 2000, summa cum laude
  • Admitted in Arizona state courts; Arizona District Court; U.S. Courts of Appeals for the Sixth and Ninth Circuits