Howard D. Scher

Howard D. Scher

Shareholder

Howard D. Scher has achieved victories in the prosecution and the defense of complex and sophisticated business litigation, including business torts, RICO, antitrust, franchise, intellectual property, securities, fraud, tax and accounting and class action. His experience extends to the prosecution and defense of state and federal court actions, as well as emergency injunctions, jury trials, and appeals.

  • T: 215 665 3920
  • C: 215 990 9989
  • F: 215 665 8760

Education

  • J.D., 1971
    Rutgers School of Law - Newark
  • B.A., 1967
    Brandeis University

Services/Industries

Admissions

  • Pennsylvania
  • New York
  • Supreme Court of the United States
With experience acquired in more than 30 years as a litigator, Howard focuses on the trial of complex litigation for business clients, to avoid costly and unnecessary litigation.

Howard's recent representations include:

  • After an appeal, obtaining a judgment against a Texas wholesale pharmaceutical manufacturer in a lawsuit brought against our client in Texas.
  • Successfully representing our client, a publicly traded company, in defense of breach of contract and fraud claims resulting from an aborted acquisition agreement, including having the decision affirmed on appeal.
  • Successfully defending in a jury trial a wholesale pharmaceutical distributor from claims of antitrust conspiracy in a national MDL, including the disqualification of several expert witnesses.
  • Successfully defending a Delaware corporation from direct and derivative claims. 
  • Prosecuting breach of contract, fraud and trademark claims to a $55 million jury verdict, including  punitive damages of $25 million.

Howard has frequently used electronics as an advocacy tool in discovery and at trial, including preliminary injunction hearings and administrative hearings. In addition, he has made many presentations on the electronic courtroom and the use of electronics in trial advocacy.

Howard is a member of Buchanan Ingersoll & Rooney's Board of Directors and is co-managing shareholder of the firm's Philadelphia office.

Howard has been listed in Best Lawyers In America each year since 2002; Who's Who in American Law; Chambers and Partners USA since 1985; and was inducted as a Fellow of the American College of Trial Lawyers in 1995. In 1999, he was invited to become a Fellow of the International Academy of Trial Lawyers and was elected a director in 2004. Since 2004, Howard has been consistently selected to the Pennsylvania Super Lawyers® list, representing the top 5 percent of attorneys practicing in Pennsylvania. He has also been selected to the Corporate Counsel Super Lawyers® list for a number of years.

Howard is admitted to practice before the United States Supreme Court and the courts in Pennsylvania and New York. He has been routinely admitted pro hac vice in several other state and federal courts.

Representative Cases

  • Abbott Laboratories v. Durrett, 746 So. 2d 316, 1999-1 Trade Cases P 72,559 (Ala. 1999)
  • Amalgamated Bank v. R. David Yost, et al., No. Civ. A. 04-0972, 2005 WL 226117 (E.D. Pa. Jan. 31, 2005)
  • Bennett, et al. v. Cardinal Health Marmac Distributors, Inc., et al., 2003 WL 21738604 (E.D. N.Y. 2003)
  • Bracco Diagnostics, Inc. v. Bergen Brunswig Drug Co., 226 F. Supp. 2d 557 (D.N.J. 2002)
  • Burger King Corp. v. Stephens, 1989 U.S. Dist. LEXIS 14527 (E.D. Pa. Dec. 6, 1989)
  • Connolly, Epstein, Chicco, Foxman, Engelmyer & Ewing v. Fanslow, 1995 U.S. Dist, LEXIS 17231 (E.D. Pa. Nov. 15, 1995)
  • CVN Direct Mktg Corp, et al. v. Northwestern Nat'l Life Ins. Co., et al., C.C.P. ChesterCty. No. 93-03157, 31 Jul. 1995
  • Ebeling & Reuss, Ltd. v. Swarovski International Trading Corp., 1988 U.S. Dist. LEXIS 12731 (E.D. Pa. Aug. 24, 1992)
  • Glenn Matthews, et al. v. UniSource, C.C.P. Montgomery Cty. No. 95-01294
  • Icon Solutions v. Ikon Office Solutions, 1998 U.S. Dist. LEXIS 9101 (E.D. Pa. June 15, 1998)
  • In re Brand Name Prescription Drugs Antitrust Litigation, 186 F.3d 781 (7th Cir. 1999)
  • In re Data Access Systems Sec. Litigation, 103 F.R.D. 130, 1984 U.S. Dist. LEXIS 23447, 40 Fed. R. Serv. 2d (Callaghan) 54, Fed. Sec. L. Rep. (CCH) P91688) (D.N.J. 1984)
  • In re Fine Paper Antitrust Litigation, 695 F.2d 494, 1982 U.S. App. LEXIS 23432, 35 Fed.R. Serv. 2d (Callaghan) 772, 1982-83 Trade Cas. (CCH) P65083 (3d Cir. Pa. 1982)
  • In re General Instrument Securities Litigation, 209 F.Supp.2d 423, Fed. Sec. L. Rep. P 91,667 (E.D. Pa. 2001)
  • Jiffy Lube Int'l v. Jiffy Lube, 848 F. Supp. 569; 1994 U.S. Dist. LEXIS 139 (E.D. Pa. Jan. 6, 1994)
  • Liberty Sales Associates, Inc. v. Dow Corning Corp., 816 F. Supp. 1004 (D.N.J. 1993)
  • Life & Health Ins. Co. of Am. v. Federal Ins. Co., 1995 U.S. Dist. LEXIS 7605 (E.D. Pa. June 5, 1995)
  • Louis C. Bachetti v. Colonial Village Meat Market, Inc., U.S. Dist. E.D.Pa., No. 75-2677 (Dec. 7, 1979)
  • Louis W. Epstein Family Partnership v. Kmart Corporation, 13 F.3d 762; 1994 U.S. App. LEXIS 504 (3rd Cir. Pa. 1994)
  • Metropolitan International Inc v. Alco Standard Corp., 657 F. Supp. 627, 1986 U.S. Dist. LEXIS 25477, Fed. Sec. L. Rep (CCH) P93725 (M.D. Pa. 1986)
  • Naturopathic Laboratories International, Inc., et al. v. SSL Americas, Inc., et al, Supreme Court, Appellate Division, 6204, (2005)
  • Paper Corp. of United States v. Schoeller Technical Papers, Inc., 807 F. Supp. 337, 1992 U.S. Dist. LEXIS 17952 (S.D.N.Y. 1992)
  • Paul Bogosian v. Gulf Oil Corp., 738 F. 2d 587, 1984 U.S. App. LEXIS 20993, 39 Fed. R. Serv. 2d (Callaghan) 519, 1984-2 Trade Cas. (CCH) P66085, 16 Fed.R. Evid. Serv. (CBC) 435 (3d Cir. 1984)
  • Paul Bogosian v. Gulf Oil Corp., 596 F. Supp. 52, 1984 U.S. App. LEXIS 24655, 1984-2 Trade Cas. (CCH) P66153, 225 U.S.P.Q. (BNA) 88 (E.D. Pa. 1984)
  • Sausville Foods, Inc. v. Burger King Corp., U.S.Dist, D.N.J., 90-4865 (Jan. 1992)
  • SD Lease Mgmt. Corp., et al. ALCO Standard Corp., et al., U.S. Dist., E.D.A.R.. No. 88-07 (Nov. 1990)
  • Teterboro Aircraft Service v. PLM Transp. Equip. Corp., 800 F. 2d 1137, 1986 U.S. App. LEXIS 29738 (3d Cir. N.J. 1986)

Admissions

  • Pennsylvania
  • New York
  • Supreme Court of the United States

Civic & Charitable

  • Member, President's Council, Brandeis University

Affiliations

  • Fellow, American Bar Foundation
  • Director, International Academy of Trial Lawyers
  • Fellow, American College of Trial Lawyers
  • Director, Pennsylvania Innocence Project
  • Director, Lawyers' Club of Philadelphia
  • Master, Temple American Inn of Court

Publications & Speeches