Irving Scher

Irving Scher

Irving Scher is Senior Counsel in Greenberg Traurig's New York office. He focuses his practice in antitrust litigation, antitrust counseling 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 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, distribution and unfair and deceptive trade practice cases.

Mr. Scher previously served as Chair of the American Bar Association as well as New York State Bar Association Antitrust Sections, and was a long-time member of the Advisory Board of the BNA Antitrust and Trade Regulation Report. His academic experience includes continuing service as an Adjunct Professor at NYU Law School and co-chairing annual PLI Antitrust programs for many years. He has regularly lectured on antitrust matters at American Bar Association and NY 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, and was a Vice Chair of the editorial board of the ABA's Antitrust Law Developments.

Areas of Concentration

· Antitrust litigation, particularly distribution

· Trade practice (advertising) litigation

· Antitrust and trade practice counseling

· Federal Trade Commission and state attorneys general

Significant Representations

· Coalition for A Level Playing Field v. AutoZone, et al. - Horizontal & vertical price fixing, monopolization & price discrimination, automotive parts industry (S.D.N.Y.).

· Vibo Corp. d/b/a General Tobacco v. Conway, et al. - Horizontal price fixing, cigarette industry (W.D. Ky.).

· Sanders v. Lockyer, et al. - Horizontal price fixing class action, 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, magazine distribution industry (S.D.N.Y.).

· Smith v. Philip Morris, et al. - Horizontal price fixing class action, cigarette industry (Kansas State Court).

· Romero v. Philip Morris, et al. - Horizontal price fixing class action, cigarette industry (New Mexico State Court).

· In re Compact Disc Minimum Advertised Price Litigation (multi-district proceeding) - Horizontal & vertical price fixing class actions, recorded music industry (D. Maine); numerous state court class actions, FTC action and state attorneys general action.

· Genesee Vending v. Lorillard - Price discrimination class action, cigarette industry (E.D. Mich.).

· In re Recorded Music Price Fixing Litigation (multi-district proceeding) - Horizontal price fixing class actions, recorded music industry (C.D. Cal.); and numerous state court class actions.

· Williamson Oil Co. v. Philip Morris et al. (multi-district proceeding) - Horizontal price fixing class actions, cigarette industry (N.D. Ga.); and numerous state court class actions.

· In re Nine West Antitrust Litigation - Horizontal and price fixing class action, women's shoe industry (S.D.N.Y.); and FTC and state attorneys general actions.

· DeLoach v. Philip Morris, et al. - Horizontal price fixing & horizontal market division, tobacco industry (M.D.N.C.).

· In re Lorazepam Antitrust Litigation (multi-district proceeding) - Monopolization & exclusive dealing class actions, generic drug industry (D.D.C.); and numerous state court class actions, and FTC action and state attorneys general action.

· In re Magazine Subscription Price Fixing Litigation - Horizontal price fixing class action, magazine subscription industry (S.D.N.Y. ).

· In re Toys "R" Us Antitrust Litigation (multi-district proceeding) - Boycott class action, toy industry (E.D.N.Y.); numerous state court class actions, FTC action and state attorneys general action.

· In re Western New York Coupon Price Fixing Litigation (state attorney general action) - Horizontal & vertical price fixing, grocery industry (W.D.N.Y.).

· American Airlines v. United States - U.S. Department of Justice price fixing suit, airline industry (D.D.C.) and state attorneys general action.

· In re Transportation Antitrust Litigation (multi-district proceeding) - Horizontal price fixing, airline industry (N.D.Ga.) and numerous state court class actions.

· Northwest Airlines, et al. v. American Airlines - Monopolization, airline industry (S.D.Tex.).

· Caribe BMW v. BMW AG, et al. - Price discrimination, automobile industry (D.P.R.).

· Reisner v. General Motors Corp. - Boycott and tying arrangement, automobile industry (S.D.N.Y).

· In re Blue Coral, Inc. - FTC deceptive advertising action, engine oil additive (FTC).

· Slick 50 Class Action Litigations - Numerous state court deceptive advertising class actions.

· Milli Vanilli Litigations (multi-district proceeding) - Deceptive advertising class actions (C.D. Cal.) and numerous state court class actions.

· * The above representations were handled by Mr. Scher prior to his joining Greenberg Traurig, LLP.

Professional & Community Involvement

· 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, American Bar Association (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 Stare Bar Association, Antitrust Law Section (1980-1981)

· Co-chair, Annual Antitrust Institute of the Practising Law Institute, New York (1977-2004)

· Member, Advisory Board, Antitrust and Trade Regulation Report (Bureau of National Affairs) (1971-2007)

Awards & Recognition

· Listed, Best Lawyers in America

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

· Selected, International Who's Who of Business Lawyers

· Listed, Chambers & Partners USA Guide

- Senior Statesman, Antitrust (2007)

Other Experience

Related Experience

· Adjunct Professor, New York University Law School

Articles, Publications, & Lectures

Publications

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

· 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)

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, Practising Law Institute (1977-2004)

· Speaker, Dual Distribution, Law Journal Seminars, (1992-2003)

· Speaker, Category Management Guidelines, AAI, Washington DC (2003)

· Speaker, 43rd Annual Antitrust Law Institute, "Discrimination in Price and Promotion" Sponsored by PLI, New York (2002)

· Speaker, Hot Topics, American Bar Association - Antitrust Section, Washington DC (2001)

· Speaker, "E-Commerce Antitrust & Trade Practices" Sponsored by Practising Law Institute (PLI), New York (2001)

· Speaker, 40th Annual Advanced Antitrust Seminar, "Robinson-Patman Act" Sponsored by Practising Law Institute, New York (2001)

· Speaker, Numerous ABA Antitrust Section Annual Spring Meetings Speaker, Numerous NY State Bar Association Annual Meetings

Documents by this lawyer on Martindale.com