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
  • 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 American Bar Association (Chair, Antitrust Law Section, 1988-1989; Antitrust Law Section: Delegate, 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, 1976-1980; Chair, Corporate and Antitrust Committee, 1983-1987); New York State Bar Association (Chair, Antitrust Law Section, 1980-1981).

 
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 antitrust, marketing and advertising 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 Advisor, 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

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) (1971-2007)

Awards & Recognition

· Listed, The Best Lawyers in America, Litigation - Antitrust 2006-2014

· Listed, Chambers Global, Competition/Antitrust, 2012-2013

· Listed, Chambers USA Guide, 2007 and 2011-2013

· Listed, Super Lawyers magazine, New York Super Lawyers, 2006-2012

· Recipient, World's Leading Competition and Antitrust Lawyer Award, Euromoney Expert Guide, 2008

· Listed, International Who's Who of Business Lawyers

· Rated, AV Preeminent® 5.0 out of 5

Professional Experience

Significant 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.

Other Experience

Related Experience

· Adjunct Professor, New York University Law School

Publications & Presentations

Articles, Lectures & Publications

Publications

· Editor and co-author, Antitrust Adviser, two-volume treatise published by Thomson West, 1995, 2009, 2011

· 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

· 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

 
ISLN903989631
 

Documents by this lawyer on Martindale.com

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EU's Highest Court Rules Cartel Victims can Claim Damages for Purchases from Non-Participants in the Cartel
Irving Scher,Hans Urlus, June 19, 2014
On June 5th, the highest European court—the Court of Justice (ECJ) - issued a watershed ruling in Kone and Others, C-557/12 (Kone), holding that members of a cartel potentially can be held responsible for higher prices independently charged by companies competing with cartel members, upon...

3D Printing and Tied Ink: The Federal Circuit Upholds Tying Arrangement
John J. Elliott,Irving Scher, May 23, 2014
On April 18, 2014, the Federal Circuit ruled that a restriction that required purchasers of one company’s printer to use approved resin - the “ink” - in the high-end physical-object printing market (colloquially known as “3D-printing”) was not an actionable tying...

Sixth Circuit’s Summary Judgment Reversal Sours Milk Processors’ Win
Irving Scher,Emily A. Sickelka, March 5, 2014
In a decision articulating standards on a number of important components of antitrust law, the Court of Appeals for the Sixth Circuit reversed summary judgment dismissal of a claim that a pair of milk processors conspired to divide and otherwise unreasonably restrain trade in the milk market. The...



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Office Information

Irving Scher

200 Park Avenue
New YorkNY 10166




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