Robert A. Scher

Partner

Overview

Robert A. Scher is a partner and litigation attorney with Foley & Lardner LLP. His practice focuses on complex commercial and civil litigation. Mr. Scher counsels corporations and individuals in a wide range of industries, including health care, sports, media, technology, insurance, and pharma, and has represented clients in federal and state trial and appellate courts, arbitrations, and other modes of alternative dispute resolution. He is chair of the firm’s New York Litigation Department as well as chair of the firm’s National Recruiting Committee. Mr. Scher is a member of the Business Litigation & Dispute Resolution and Securities Enforcement & Litigation Practices, and the Health Care Industry Team.

Mr. Scher is a member of the firm’s Health Care Litigation Working Group, and serves as lead partner of Foley’s New York office Anthem team. He has led major securities class action cases, including for a Big 4 accounting firm.

Mr. Scher was a partner at Friedman, Wang & Bleiberg, P.C. before the firm joined Foley in July 2004. He also served as an assistant district attorney for New York County from 1986-1990.

Representative Experience 

  • Arch Insurance Co. in actions brought by competitors relating to the departure of groups of employees. The cases involved claims of unfair competition and the alleged misappropriation of trade secrets, and included a week-long preliminary injunction hearing.
  • Chiron Corp. in an action against a former employee and competitor alleging misappropriation of trade secrets in connection with the development of a cystic fibrosis drug. The case settled during a multi-week trial.
  • Represented Anthem, a large national health insurance company in a series of lawsuits brought by out of network medical providers alleging ERISA violations relating to the denial of claims for medical benefits.
  • In Demand in an action against Buena Vista Television (Disney) regarding contractual payments with respect to licensed movies shown on In Demand, the leading on-demand network.
  • Geopharma, Inc. in a multi-million dollar securities fraud class action with respect to disclosures relating to the development of a medical device. Foley filed two successful motions to dismiss (the second after plaintiffs were granted leave to replead) and the case was dismissed in its entirety. 
  • Investment firms in a multi-million dollar fraud action against Lucent Technologies involving the alleged failure to disclose information regarding a switch platform sold to a company in which the firms had invested.
  • Major League Baseball and MLB Advanced Media in several actions.
  • USA Networks in several actions, including against World Championship Wrestling's claims of trademark infringement against the World Wrestling Federation and USA. 
  • Union Pacific Restaurant in New York City in an action brought by Union Pacific Railroad seeking a preliminary injunction against the restaurant's use of the name Union Pacific.

Education

Mr. Scher received his J.D. from Duke University (1986), where he was elected to the Order of the Coif and served as a member of the Duke Law Journal. He earned his B.A. from Tufts University (magna cum laude, 1983).

Admissions and Professional Memberships

Mr. Scher is admitted to the New York Bar; the First Circuit Court of Appeals; the Second Circuit Court of Appeals; the Fifth Circuit Court of Appeals; and the U.S. District Court, Southern, Eastern, Western and Northern Districts of New York. He is a member of The Association of the Bar of the City of New York.

Community Engagement

Mr. Scher serves on the board of directors of The Food Bank for Westchester.

Representative Matters

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Represented a run-off company in a dispute involving disputed payments under a renewal rights agreement that our client used to sell a portion of its business to an active company. Our client sought to enforce the reporting and payment obligations due under the agreement.
Represented a large Japanese manufacturer in a complex breach of contract and trade secret misappropriation suit filed by our client's U.S. joint venture partner. The contracts related to engineered polymers made by the joint venture company.
Represented a reinsurance company in an action relating to the hiring of several employees who had been at a competitor. The case involved the alleged misappropriation of trade secrets, and included a week long preliminary injunction hearing.