Robert Scher has over 30 years of experience representing clients in high-stakes, complex commercial disputes in a wide range of industries, including securities, health care, technology, sports, and media. He has successfully litigated cases in federal and state trial and appellate courts and arbitration forums throughout the United States. Bob is a partner in the firm’s Commercial Litigation and Securities Enforcement & Litigation Practice Groups, and he is the former chair of the firm’s New York Litigation Department.
Bob also maintains an active pro bono practice and is chair of the firm’s National Recruiting Committee. Prior to joining Foley & Lardner, Robert served as an Assistant District Attorney for New York County.
Representative Experience
- Obtained dismissal of US$1bn negligent misrepresentation claim against KPMG LLP (Otto Candies, LLC v. KPMG LLP, No. 2018-0435-MTZ, 2020 WL 4917596 (Del. Ch. Aug. 21, 2020)).
- Obtained the dismissal of numerous securities fraud class actions asserted against KPMG LLP.
- Led New York team representing Anthem, Inc. and affiliated entities in numerous matters alleging various ERISA violations.
- Won summary judgment on behalf of Arch Insurance Co. dismissing unfair competition, breach of fiduciary duty, and theft of trade secrets claims relating to the hiring of a group of employees from a competitor of Arch (Twin City Fire Ins. Co. v. Arch Ins. Grp., Inc. (143 A.D.3d 533 (1st Dept 2016)).
- Successfully represented hundreds of former Dewey LeBoeuf partners in obtaining dismissal of action by former landlord seeking to hold them personally liable on New York lease after firm filed for bankruptcy (1301 Properties Owner LP v. Abelson et al., 2016 N.Y. Slip Op. 50446 (N.Y. Sup. Ct. 2016)).
- Obtained multimillion-dollar settlement on behalf of private equity companies against international telecommunications company in fraud action involving the failure to disclose information regarding a switch platform sold to a company in which the investment firms had invested.
- Represented Major League Baseball and MLB Advanced Media in several actions.
- Represented USA Networks in several actions, including against World Championship Wrestling’s claims of trademark infringement against the World Wrestling Federation and USA.
- Defeated preliminary injunction action brought by Union Pacific Railroad against Union Pacific Restaurant in New York City seeking to prohibit the restaurant’s use of the name Union Pacific.
Affiliations
- Member of the Association of the Bar of the City of New York
Community Involvement
- Board of directors of Feeding Westchester
Podcast Episode 56: All Things Summer Associate Recruiting
This special edition of The Path & The Practice features Bob Scher and Amy Moynihan speaking about Foley’s summer associate recruiting process.
Delaware Affirms Limitation of Vicarious Liability Within Global Networks
In a win for the accounting profession and other member firm networks, the Delaware Court of Chancery clarified the limits of vicarious liability within such networks. On August 21, 2020, the Court held in Otto Candies, LLC v. KPMG LLP that a principal cannot be liable for an agent’s misconduct unless the principal controlled the specific wrongful act.
Scher Discusses Foley Feeds Families with the New York Law Journal
Partner Bob Scher was quoted in a New York Law Journal article, “Foley & Lardner Supplies 175,000 Meals to Hungry Residents,” about the New York office’s volunteerism in connection with the firm’s Foley Feeds Families initiative.