Howard D. Scher
ShareholderHoward 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.
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
- Buchanan Ingersoll & Rooney Recommended in 2010 Chambers Guide to America's Leading Business Lawyers, June 24, 2010
- 36 Buchanan Ingersoll & Rooney Attorneys Selected to Pennsylvania Super Lawyers List, May 25, 2010
- Fourteen Buchanan Ingersoll & Rooney Attorneys Selected to Corporate Counsel Super Lawyers 2010 List in Business Litigation, February 18, 2010
- Buchanan Litigation Team's 2008 Hydrogen Peroxide Victory Named an Antitrust Case of the Decade by Law360, January 20, 2010
- Buchanan Ingersoll & Rooney Presents a CLE and Networking Event on Recent Developments in Antitrust, December 4, 2009
- Philadelphia Litigation Attorney Howard Scher Elected to Lawyers' Club of Philadelphia's Board of Directors, November 17, 2009
- Philadelphia Litigation Attorney Howard Scher to Share Insights with Chinese Judges Visiting U.S., September 3, 2009
- 70 Buchanan Ingersoll & Rooney Attorneys and Specialists Named Best Lawyers in America; Firm Ranks First in Several Categories, August 5, 2009
- Seventeen Buchanan Ingersoll & Rooney Attorneys Selected Among America's Leading Business Lawyers, June 18, 2009
- Philadelphia Litigation Attorney Howard Scher Ranks in Top 100 of Philadelphia 2009 Super Lawyers, June 9, 2009
- Buchanan Ingersoll & Rooney Litigation Attorney Howard Scher Participates in International Academy of Trial Lawyers' China Program, May 29, 2009
- 40 Buchanan Ingersoll & Rooney Attorneys Selected to Pennsylvania Super Lawyers List, May 26, 2009
- Buchanan Litigation Team's Recent Free Speech Victory Featured in The Legal Intelligencer Article, Noted in Media, May 8, 2009
- Four Buchanan Ingersoll & Rooney Attorneys Nominated to become Fellows of the American Bar Foundation, May 7, 2009
- Buchanan Ingersoll & Rooney Litigation Team Wins Free Speech Victory for Client, May 5, 2009
- Buchanan Ingersoll & Rooney Litigation Attorney Howard Scher Elected to The Pennsylvania Innocence Project's Board of Directors, May 4, 2009
- Philadelphia Litigation Attorney Howard Scher's Nomination to The Fellows of the American Bar Foundation Noted in The Legal Intelligencer, April 15, 2009
- Fourteen Buchanan Ingersoll & Rooney Attorneys Selected to Corporate Counsel Super Lawyers List, February 20, 2009
- Team's Class Certification Reversal Win Noted by Drug Week, February 17, 2009
- Buchanan Ingersoll & Rooney Team Led by Steven Bizar Wins Second Reversal of Class Certification in Antitrust Action, January 27, 2009
- Buchanan Ingersoll & Rooney Litigation Team's Recent Antitrust Victory Noted in Multiple Publications, January 7, 2009
- Buchanan Ingersoll & Rooney Litigation Team Wins Antitrust Victory for Client and Future Class Action Defendants, December 30, 2008
- Buchanan's Philadelphia Office Hosts Luncheon for Chinese Judges, November 11, 2008
- Buchanan Ingersoll & Rooney's Philadelphia Office Hosts Delegation from China, October 3, 2008
- 69 Buchanan Ingersoll & Rooney Attorneys and Specialists Honored As Best Lawyers in America, September 26, 2008
- Protecting Your Company In Talks With a Buyer, The Family Business Policies & Procedures Handbook, April 2006
- Effective Technology for Commercial Trials: Bring Your Case to Life and Show the Jury Your Prespective, presentation to the 2005 Bench-Bar Conference, October 1, 2005
- The E-Trail from the Boardroom to the Courtroom: Electronic Discovery and Evidence, panel presentation to the Federal Bench Bar Conference, June 10, 2005
- Being Alert in Discovery for the Fraudulent Inducement Case, January 26, 2005
- The Daubert/Frye Challenge: Section Members Report on Their Courtroom Experiences, Civil Litigation Update, Winter 2005
- The Presidential Election: How Will the Outcome Shape our Legal System?, Law Journal TV, November 1, 2004
- Using Jury Consultants in Complex Antitrust Cases, panel presentation to ABA Antitrust Section Spring Meeting, 2004
- Litigation Crisis Management, panel presentation, 2004
- Being Alert in Discovery for the Fraudulent Inducement Case, Business Torts Section, Vol. 9, No. 1, Fall 2004
- Trials in 'Rocket Dockets': More Than Just a Legal Strategy, October 21, 2003
- Lessons from Winning -- and Losing, April 2000
- The Electronic Courtroom, Spring 1999
- Finding, Preparing and Using Expert Witnesses in Complex Commercial and Business Cases, May 9, 1997
- Federal Discovery: Effective Strategy and Tactics, April 17, 1997
- A Primer on the Principles of Business Litigation
