Jason grew up in the Kansas City area, attended law school at the University of Missouri-Kansas City and lives in the area with his wife and five children. Although Jason has a strong presence in the local Kansas City community, he represents his clients nationally in all matters of litigated and pre-litigation disputes and has appeared before state and federal courts in over 30 states. He is also a member of the International Association of Defense Counsel.
Jason uses his broad litigation experience to advise his clients on risk-mitigating techniques to avoid or minimize litigation. In that vein, Jason has helped shape and refine Shook's Strategic Early Case Assessment, a key component of Shook’s client-centric litigation management model. Jason has also published articles and presented on how clients can leverage recent developments in risk allocation and mitigation case law to better account for risk in their various industries. In addition to trial work, Jason advises his clients in a pre-litigation context involving complex issues of insurance coverage and indemnity. He is also an experienced privacy and cybersecurity litigator, successfully defending companies in class action lawsuits arising from cybersecurity events and alleged data breaches. More recently he has been called on to defend companies targeted by a wave of class action lawsuits arising from the use of website marketing technology like session replay, tags, and pixels.
Jason is sought by companies to represent them in trials and lawsuits involving cyber-security and data privacy, commercial litigation, products liability, and personal injury. Recently, Jason was part of the trial team that obtained a $189.7 Million verdict against Vivint on behalf of regional alarm company, CPI Security. Following a contentious 2-week trial, the jury deliberated for just over three-hours before returning a verdict in CPI’s favor on all claims, including an award of $140M in punitive damages.
While Jason’s main area of practice is litigation work-up and trials, he is also well-versed in pre-suit risk mitigation and analysis, including published articles providing compliance counsel; early dispositive motion practice with a history of favorable published opinions; all aspects of discovery both written and deposition work; and post-trial appellate review and argument.
Representative Matters
National Convergence Counsel. Jason is passionate about finding the best possible outcome for his clients, which has often meant creating an alternative billing solution to avoid unnecessary spending. He has led teams of attorneys, paralegals, nurse analysts and support staff in consolidating nationwide litigation dockets to centralize and provide alternative fee and flat-fee based arrangements for Fortune 500 companies. This streamlined approach helps align the interest of attorney and client, which results in finding an optimal solution in less time and for less money.
Industry and Product Line Immersion. Jason thoroughly familiarizes himself with his clients' work to help him better represent his clients. For example, before beginning work for Tyco Fire Products, Jason attended an in-depth certification program where, alongside city, state and regional fire marshals, he learned the specifics of fire suppression and fire alarm installation, maintenance and operation.
Below are a few examples of recent trials, dispositive motions and settlements Jason has achieved for his clients:
Soria v. Compass Group USA, Inc., No. 20-00611 (Super. Ct., Los Angeles Cty., Cal.) (December 2024). First Chair – defense of hospital food service management company in re-trial on damages only (liability already established) in sympathetic case of wrongful death of plaintiff’s son resulting from delivery of a food tray to wrong room. Plaintiff (mother of deceased son) asked for $50 million in damages. Following two-plus week trial, jury returned verdict of less than 6% claimed damages for Compass.
Theodile v. ADT LLC, No. C-134111 (116th Judicial Dist. Ct., Iberia Parish, La.) (August 2024). First Chair – defense of alarm service provider in suit involving house fire that resulted in significant property damage and burns to 18-month-old girl. Following multi-day mock jury exercise, case settled favorably for ADT one week short of trial.
Grove v. Burnett and Compass Group USA, Inc., No. 562022CA000453A (19th Judicial Circuit, St. Lucie Cty., Fla.) (February 2024). First Chair – defense of food delivery service company in admitted liability rear-end motor vehicle accident involving large box truck. Although minimal actual injuries, plaintiff claimed lost income in excess of $20 million based on inability to perform medical sales job. Favorable settlement for less than 5% of claimed damages before jury selection.
Condon v. ADT LLC, No. 01-21-0004-9754, AAA Arbitration, Los Angeles (March 2023). First Chair – defense of alarm company involving the claimed theft of hundreds of thousands of dollars in jewelry from claimant’s safe during a burglary at her Beverly Hills home. Arbitrator awarded claimant $743.88 on breach of contract claim representing time that alarm system was not functioning as promised by contract. All other claims were in favor of ADT.
CPI Security Systems, Inc. v. Vivint Smart Home, Inc., No. 3:20-00504-FDW-DSC (W.D. N.C.) (February 2023) Trial team – obtained unanimous verdict against national alarm company Vivint on behalf of CPI for Vivint’s years-long deceptive sales practices. After a nearly two-week trial, the jury deliberated for under four hours before returning a $189.7 million verdict, including an award of $140 million in punitive damages (https://www.law360.com/articles/1577825/vivint-hit-with-189-7m-verdict-in-trademark-suit).
Frost v. ADT LLC, 947 F.3d 1261 (10th Cir.) (2020). First Chair – Successfully argued in front of Tenth Circuit Court of Appeals upholding the complete dismissal of estate and minor's wrongful death lawsuit involving two issues of first impression under Kansas law.
King v. Tyco Integrated Sec., No. 1109-2015 (N.Y. Sup. Ct., Putnam Cty.) (January 2019). First Chair Trial Counsel – defended admitted-liability automobile accident on behalf of security alarm service provider. Following a week-long trial, the jury deliberated for just under four hours before returning a unanimous defense verdict.
ADT LLC v. Vivint, Inc., No. 17-80432 (S.D. Fla.) (2017). Second Chair Trial Counsel – Prosecuted Lanham Act and Deceptive Trade Practices trial on behalf of ADT LLC against ADT competitor Vivint. The case settled for $10 million on the third day of trial.
Nat’l Union Fire Ins. Co. of Pittsburgh, PA v. Tyco Integrated Security, LLC, No. 13-80371 (S.D. Fla.) (2016). Second Chair Trial Counsel – defended ADT against alleged data breach involving the claimed theft of more than $60 million in pharmaceutical drugs from a warehouse in 2014. The three-week trial resulted in a complete defense verdict and an award of defense costs in favor of ADT.
Valbruna Stainless, Inc. v. ADT Security Services, Inc., No. 2010-77852, (189th Judicial District, Tex. Dist. Ct., Harris Cty., 2012). First Chair – defended alarm service provider against warehouse owner claiming property damage and alleged theft. Jury returned a unanimous defense verdict and an award of partial defense costs for ADT.
Nacol & Co. v. ADT Sec. Servs. Inc., No. 10-137 (S.D. Tex.) (2012). Second Chair – defended alarm service provider in jewelry store robbery involving daytime theft of goods from Houston Galleria jeweler. JNOV granted in favor of ADT and verdict remitted down to contractual limitation of $1,000.
Publications and Presentations
Josh Becker, Jason Scott, Pixels and (Session) Replays and Chatbots, Oh My! – Recent Federal Rulings and the New Wave of Data-Privacy Litigation, International Association of Defense Counsel’s Annual Meeting, July 9, 2023.
Erin Fishman, Jason Scott, Adventures in Contracting: Is Gross Negligence Covered?, Missouri Organization of Defense Lawyers Quarterly Report, Fall 2019.
Jason Scott, Aaron Kirkland and Kenneth Cochran, Best Practices for Defeating Attempts to Void Contracts, Law360, October 23, 2017.
Kristi Burmeister, Aaron Kirkland and Jason Scott, "Enforcing Exculpatory Provisions in Contract Cases Involving Fraud-Based and Gross-Negligence Claims," Shook, Hardy & Bacon’s 11th Annual Update of the Law (Kansas City, Mo.), June 25, 2014.
Aaron Kirkland and Jason Scott, Enforcing Exculpatory Provisions Against Meritless Claims, Law360, March 17, 2014.
Jason Scott, Requiring an Independent Tort Duty in Alarm Services Lawsuits, Missouri Organization of Defense Lawyers Quarterly Report, Spring 2013.
Jason Scott, One State, Two State, Red State, Blue State: An Analysis of LGBT Rights, UMKC L. Rev. (2008).
Jason Scott, Death to Poochy: A Comparison of Historical and Modern Frustrations Faced by Owners of Injured or Killed Pet Dogs, 75 UMKC L. Rev. 569 (2006).
Media Coverage
A Case Study in Getting an Associate Stand-Up Experience in a High-Stakes Trial, American Lawyer Media, September 28, 2023.
Vivint Hit With $189.7M Verdict in Trademark Suit, Law360, February 17, 2023.