Scott A. Memmott represents life sciences and healthcare organizations in government and internal corporate investigations; civil, criminal, and administrative enforcement actions by government agencies; and complex civil and criminal litigation. Scott handles a range of fraud, abuse, and compliance matters involving the False Claims Act, the Anti-Kickback Statute, the Stark Law, off-label promotion, and government reimbursement for global pharmaceutical and medical device manufacturers; biotechnology companies; contract research organizations; diagnostic testing facilities and clinical laboratories; manufacturers of laboratory tools, equipment, and supplies; specialty pharmacies; other healthcare providers, suppliers, and payors; and healthcare revenue cycle management companies.
Scott routinely assists clients with government self-disclosures and assesses, designs, consults on and implements mandatory and voluntary compliance and integrity programs for healthcare entities and for life sciences companies – from small pre-commercial startups through global pharmaceutical and medical device manufacturers – including negotiating and implementing Corporate Integrity Agreements with the US Department of Health and Human Services, Office of Inspector General.
Scott also counsels pharmaceutical and medical device manufacturers on compliance matters associated with new product launches; state drug price transparency reporting laws in the United States; the federal Physician Payment Sunshine Act; and other transparency reporting, gift ban, and compliance program requirements under state law. In addition, Scott performs regulatory due diligence for transactions in the healthcare industry.
Before entering private practice, Scott defended claims against the US government as a trial attorney in the civil division at the US Department of Justice in Washington, DC, and prosecuted federal criminal matters as a Special Assistant US Attorney in the Eastern District of Virginia. He conducted federal grand jury investigations, supervised federal law enforcement investigations, and served as lead counsel in jury trials in federal courts throughout the United States.
Scott has twice been named in 2020 and 2021 as a finalist for the annual Legal Media Group Life Sciences Americas Awards Government Investigations Attorney of the Year. He has been recognized as a Life Sciences Star in Fraud and Abuse and as a Litigation Star by the Legal Media Group, which described Scott and three other Morgan Lewis colleagues as making up “one of the industry’s finest litigation and enforcement practices.” The Legal 500 US refers to Scott as “highly regarded” in the area of healthcare fraud and abuse and government investigations and as someone who has been singled out by clients as providing “mature and sophisticated advice.” Scott is a member of the Editorial Advisory Board of the American Health Lawyers Association’s Journal of Health and Life Sciences, and he publishes and lectures frequently on government enforcement, fraud and abuse, and corporate compliance issues.
As part of his active pro bono practice and civic activities in the life sciences, Scott serves on the external advisory board of the Dana-Farber/Harvard Cancer Center Targeted Therapies for Glioblastoma, the Brain Cancer Specialized Programs of Research Excellence (SPORE) funded by grants from the National Institutes of Health through the National Cancer Institute’s Translational Research Program. Scott previously was outside General Counsel to the National Brain Tumor Society and its subsidiaries, served as an honorary member of the organization’s board of directors, and chaired the board’s Programs and Advocacy Committees.
Additionally, Scott has served for almost 20 years as outside General Counsel to the National 9/11 Pentagon Memorial Fund Inc., a nonprofit organization established to raise funds to construct, maintain, and operate the congressionally authorized national memorial to honor those killed in the 2001 terrorist attack on the Pentagon. Scott currently is advising the organization on the construction of the National 9/11 Pentagon Memorial Visitor Education Center, which will be located adjacent to the Memorial as part of the expansion of Arlington National Cemetery. He also was appointed by the Judicial Conference of the District of Columbia Circuit to serve on the Standing Committee on Pro Bono Legal Services for two three-year terms. Pro bono efforts led by Scott have received three local and two national pro bono awards.
Before joining Morgan Lewis, Scott was the national vice chair of the healthcare group at another international law firm. He spent 14 years on active duty in the US Coast Guard and was one of the founding co-leads for five years of the Veterans Lawyer Network as part of the firm’s Diversity and Inclusion Initiative.
Named, Modern Healthcare’s “Largest Healthcare Firm” (2016–2021)
Local Litigation Star, District of Columbia, Benchmark Litigation (2021)
Recommended, Industry focus: Healthcare: service providers, The Legal 500 US (2018)
Life Sciences Star, Non-IP Litigation and Enforcement, LMG Life Sciences (2016–2021)
Life Sciences Star, Fraud and Abuse, LMG Life Sciences (2012–2015)
Litigation Star, Washington, DC, Legal Media Group’s Benchmark Litigation (2016–2018)
Recommended, The Legal 500 US (2016)
Leadership Committee Member, American Health Lawyers Association’s Journal of Health and Life Sciences Editorial Advisory Board (2021-2022)
Member, American Health Lawyers Association
Member, Health Law, Criminal Law and Individual Rights, and Litigation Sections, District of Columbia Bar Association
Member, Virginia Bar Association