Irving Scher

Senior Counsel
New York,  NY  U.S.A.
Phone212.801.9321

Peer Rating
 5.0/5.0
AV® Preeminent

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Practice Areas

  • Litigation
  • Antitrust Litigation & Competition
  • Antitrust & Trade Regulation
  • Class Action Litigation
  • Advertising
  • Marketing
  • Sweepstakes & Promotions Law
 
Contact InfoTelephone: 212.801.9321
Fax: 212.805.5521
http://www.gtlaw.com/People/ScherIrving
 
University City University of New York at City College, B.A.
 
Law SchoolColumbia Law School, J.D. Member, Columbia Law Review, Reviews Editor, Columbia Law Review
 
Admitted1963, New York; U.S. Court of Appeals for the District of Columbia Circuit; U.S. Court of Appeals for the First Circuit; U.S. Court of Appeals for the Ninth Circuit; U.S. Court of Appeals for the Second Circuit; U.S. Court of Appeals for the Seventh Circuit; U.S. Court of Appeals for the Third Circuit; Supreme Court of the United States
 
Memberships 

Professional & Community Involvement
•Member, American Bar Association
•Chair, American Bar Association, Antitrust Law Section (1988-1989)
•Antitrust Law Section:
•Delegate to the American Bar Association House of Delegates (1984-1987)
•Finance Officer (1982-1984)
•Member of the Council (1978-1982)
•Chair, Federal Trade Commission Committee (1975-1978)
•Member of Council, Corporation, Banking and Business Law Section of the American Bar Association (1976-1980)
•Chair, Corporate and Antitrust Committee (1983-1987)
•Chair, New York State Bar Association, Antitrust Law Section (1980-1981)
•Member, Advisory Board, Antitrust and Trade Regulation Report (Bureau of National Affairs) (1971-Current)

 
BornNew York City, July 22, 1933
 
Biography

Irving Scher is senior counsel in Greenberg Traurig's New York office. He focuses his practice on antitrust, marketing and unfair and deceptive trade practice litigation and counseling. Mr. Scher has wide-ranging experience in such matters across a broad spectrum of products and services. He counsels and represents clients in virtually all phases of government investigations and litigation, including national coordination of cases and trial and appellate work. He has served as lead defense counsel in a multitude of major antitrust, marketing and unfair and deceptive trade practice cases.

Mr. Scher previously served as chair of both the American Bar Association and New York State Bar Association Antitrust Sections, and is a long-time member of the Advisory Board of the Bureau of National Affairs (BNA) Antitrust & Trade Regulation Report. His academic experience includes continuing service as an adjunct professor at New York University (NYU) Law School and co-chairing annual Practising Law Institute (PLI) Antitrust programs for many years. Irv has regularly lectured on antitrust matters at American Bar Association (ABA) and New York State Bar Association Antitrust Section meetings and conferences, Law Journal Seminars and the Graduate School of Sales Management & Marketing at Syracuse University.

Mr. Scher is editor and co-author of Antitrust Adviser, a two-volume practical desk reference published by Thomson West, and author of Living with the Robinson-Patman Act, a BNA Corporate Practice Series Portfolio, He was also was a vice chair of the editorial board of the ABA's Antitrust Law Developments.

Areas of Concentration
•Antitrust and trade practice (advertising) litigation and counseling
•Class actions
•Airlines
•Retailers
•Apparel
•Automobile manufacturers and automotive products
•Grocery and toiletry products
•Non-prescription drugs
•Electronic products
•Recorded music
•Book and magazine distribution
•Cigarette industry
•Trade associations
•Buying groups
•Federal Trade Commission and state attorneys general investigations and litigations

Associated News & Events
09.24.14 72 Greenberg Traurig New York Attorneys Recognized in 2014 Edition of New York Metro Super Lawyers
08.21.14 31 Greenberg Traurig New York Attorneys Included in 2015 Edition of Best Lawyers in America
08.18.14 26 Greenberg Traurig Attorneys Named 2015 'Lawyers of the Year' by Best Lawyers in America
05.28.14 2014 Edition of Chambers USA Guide Recognizes Greenberg Traurig New York Attorneys
05.23.14 Greenberg Traurig Attorneys, Practices Included in 2014 Chambers USA Guide
03.18.14 Greenberg Traurig Attorneys, Practices Worldwide Recognized by Prestigious Chambers Global Guide
08.21.13 29 Greenberg Traurig New York Attorneys Included in 2014 Edition of The Best Lawyers in America
06.04.13 2013 Edition of Chambers USA Guide Recognizes Greenberg Traurig New York Attorneys
05.28.13 Chambers USA Guide 2013 Includes 175 Greenberg Traurig Attorneys, 33 Practice Areas
03.15.13 32 Greenberg Traurig Attorneys and 16 Practice Areas Recognized in 2013 Edition of Chambers and Partners Global Guide

Published Articles
11.17.14 Stepped Up Enforcement Against Inadequate Negative Option/Automatic-Renewal Disclosures

Alerts
11.17.14 The FTC Amends Its Guides For Advertising Payments and Services
11.17.14 Antitrust Quarterly, Fall 2014
09.30.14 Antitrust compliance in the EU - Reason rules again!
09.05.14 Price Advertising Claims Make a Comeback - As Class Actions
08.14.14 The Second Circuit Limits the Obligation of a Monopolist to Deal with Competitors
07.08.14 Stepped Up Enforcement Against Inadequate Negative Option/Automatic-Renewal Disclosures
06.17.14 EU's Highest Court Rules Cartel Victims can Claim Damages for Purchases from Non-Participants in the Cartel
05.20.14 3D Printing and Tied Ink: The Federal Circuit Upholds Tying Arrangement
03.03.14 Antitrust Quarterly, Winter 2014
02.27.14 Sixth Circuit's Summary Judgment Reversal Sours Milk Processors' Win

Articles, Publications, & Lectures

Publications
•Editor and Co-Author, Antitrust Adviser , Thomson West, 1995, 2009, 2011, 2013
•Co-Author, Conscious Parallelism or Conspiracy, Issues in Competition Law and Policy , American Bar Association, 2008
•Author, Living with the Robinson-Patman Act , Corporate Practice Series Portfolio, Bureau of National Affairs, 1999, 2009
•Vice Chair, Editorial Board, Antitrust Law Developments , American Bar Association, 1975
•Author, Manual of Federal Trade Regulations Affecting Retailers , two-volume treatise published by National Retail Merchants Ass'n, 1969

Articles
•Co-Author, Stepped Up Enforcement Against Inadequate Negative Option/Automatic-Renewal Disclosures , Orange County Business Journal , November 17-23, 2014
•Co-Author, Antitrust compliance in the EU - Reason rules again! GT Alert, September 30, 2014
•Co-Author, EU's Highest Court Rules Cartel Victims can Claim Damages for Purchases from Non-Participants in the Cartel , GT Alert, June 17, 2014
•Author, Anticipating Collateral Legal Risks Arising From FTC Enforcement Actions, Metropolitan Corporate Counsel, May 1999
•Author, Franchising and the Robinson-Patman Act: Some Problems and Solutions, Antitrust Law Journal, 1991
•Author, Single Firm Conduct: The Government's and Antitrust Section's View, Antitrust Law Journal, 1990
•Author, The Major Antitrust Issues in the Decade Ahead, Antitrust Law Journal, 1989
•Author, How Sellers Can Live With the Robinson-Patman Act, Business Lawyer, 1986
•Author, Emerging Issues under the Antitrust Improvements Act of 1976, Columbia Law Review, 1977
•Author, Opening State Courts to Class Actions: The Uniform Class Actions Act, Business Lawyer, 1976
•Author, New Directions in Buyer's Liability Under the Robinson-Patman Act, Antirust Law Journal, 1971
•Author, Antitrust and Consumerism: What Is It All About? Case Western Law Review, 1970
•Contributing editor, supplement to report of Attorney General's National Committee to Study the Antitrust Laws, American Bar Association, 1968

Lectures
•Co-chair, Annual Antitrust Institute, PLI, 1977-2004
•Speaker, Dual Distribution, Law Journal Seminars, 1992-2003
•Speaker, Category Management Guidelines, American Antitrust Institute (AAI), Washington, D.C., 2003
•Speaker, 43rd Annual Antitrust Law Institute, Discrimination in Price and Promotion, Sponsored by PLI, New York, 2002
•Speaker, eCommerce Antitrust & Trade Practices Sponsored by PLI, New York, 2001
•Speaker, Numerous ABA Antitrust Section Annual Spring Meetings
•Speaker, Numerous New York State Bar Association Annual Meetings

Other Experience

Related Experience
• Adjunct Professor, New York University Law School

 
Reported CasesSignificant Representations; Antitrust; Coalition for A Level Playing Field v. AutoZone, et al. - Horizontal and vertical price fixing, monopolization and price discrimination in the automotive parts industry (S.D.N.Y.). Vibo Corp. d/b/a General Tobacco v. Conway, et al. - Horizontal price fixing in the cigarette industry (W.D. Ky.). Sanders v. Lockyer, et al. - Horizontal price fixing class action in the cigarette industry (N.D. Cal.). Mad Rhino, et al. v. Sony Music Group, et al. - Price discrimination class action - - recorded music industry (C.D. Cal.). United Magazine Co. v. Time Warner, Inc., et al. - Price discrimination action in the magazine distribution industry (S.D.N.Y.). Smith v. Philip Morris, et al. - Horizontal price fixing class action in the cigarette industry (Kansas State Court). Romero v. Philip Morris, et al. - Horizontal price fixing class action in the cigarette industry (New Mexico State Court). In re Compact Disc Minimum Advertised Price Litigation (multi-district proceeding) - Horizontal & vertical price fixing class actions (D. Maine); numerous state court class actions, FTC action and state attorneys general action in the recorded music industry. Genesee Vending v. Lorillard - Price discrimination class action in the cigarette industry (E.D. Mich.). In re Recorded Music Price Fixing Litigation (multi-district proceeding) - Horizontal price fixing class actions (C.D. Cal.); and numerous state court class actions in the recorded music industry. Williamson Oil Co. v. Philip Morris et al. (multi-district proceeding) - Horizontal price fixing class actions (N.D. Ga.); and numerous state court class actions in the cigarette industry. In re Nine West Antitrust Litigation - Horizontal and price fixing class action (S.D.N.Y.); and FTC and state attorneys general actions in the women's shoe industry. DeLoach v. Philip Morris, et al. - Horizontal price fixing and horizontal market division in the tobacco industry (M.D.N.C.). In re Lorazepam Antitrust Litigation (multi-district proceeding) - Monopolization & exclusive dealing class actions (D.D.C.); and numerous state court class actions, FTC action and state attorneys general action in the generic drug industry. In re Magazine Subscription Price Fixing Litigation - Horizontal price fixing class action in the magazine subscription industry (S.D.N.Y. ). In re Toys R Us Antitrust Litigation (multi-district proceeding) - Boycott class action (E.D.N.Y.); numerous state court class actions, FTC action and state attorneys general action in the toy industry. In re Western New York Coupon Price Fixing Litigation (state attorney general action) - Horizontal & vertical price fixing in the grocery industry (W.D.N.Y.). United States v. American Airlines - U.S. Department of Justice price fixing suit (D.D.C.) and state attorneys general action in the airline industry. In re Air Transportation Antitrust Litigation (multi-district proceeding) - Horizontal price fixing (N.D.Ga.) and numerous state court class actions in the airline industry. Northwest Airlines, et al. v. American Airlines - Monopolization in the airline industry (S.D.Tex.). Caribe BMW v. BMW AG, et al. - Price discrimination in the automobile industry (D.P.R.). Allied Accessories & Auto Parts Co. v. General Motors Corp. - Price discrimination in the automobile industry (6th Cir). Reisner v. General Motors Corp. - Boycott and tying arrangement in the automobile industry (S.D.N.Y). Trade Practices (Advertising); In re Blue Coral, Inc. - FTC deceptive advertising action in the engine oil products industry (FTC). Slick 50 Class Action Litigations - Numerous state court deceptive advertising class actions in the engine oil products industry. Milli Vanilli Litigations (multi-district proceeding) - Deceptive advertising class actions (C.D. Cal.) and numerous state court class actions in the recorded music industry. In re. Nucoa Real Margarine Litigation - Deceptive advertising consumer class action in grocery industry (C.C. Cal.). Certain of the above representations were handled by Mr. Scher prior to his joining Greenberg Traurig, LLP.
 
ISLN903989631
 

Documents by this lawyer on Martindale.com

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Antitrust Compliance in the EU - Reason Rules Again!
Teresa Charatjan,Irving Scher,Hans Urlus,Emilie van Hasselt, October 8, 2014
Agreements between undertakings that may affect trade between Member States and have as their object or effect the restriction of competition are prohibited pursuant to Article 101(1) of Treaty on the Functioning of the European Union (TFEU). If an agreement has the object to restrict competition,...

Price Advertising Claims Make a Comeback - As Class Actions
Ed Chansky,Irving Scher, September 10, 2014
In the 1950s and 1960s, many of the deceptive advertising cases brought by the Federal Trade Commission (FTC) and state attorneys general involved challenges to alleged “fictitious price advertising” by retailers. Indeed, the FTC determined that deceptive price advertising was so...

The Second Circuit Limits the Obligation of A Monopolist to Deal with Competitors
John J. Elliott,Irving Scher, August 18, 2014
When does breaching a contract also violate the antitrust laws? On June 9, 2014, a unanimous panel of the Second Circuit affirmed a district court ruling that an alleged monopolist patent-holding drug manufacturer’s alleged breach of an agreement to supply the patented drug to competing...



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Office Information

Irving Scher

200 Park Avenue
New YorkNY 10166




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