Jason R. Scherr
J.R. Scherr is a seasoned trial lawyer to whom businesses turn with their most critical matters. For decades, public and private companies have trusted J.R. to navigate complex commercial, class and group action, and enforcement challenges across industries from finance to technology to healthcare. When the stakes are high, businesses depend on J.R. to deliver sound judgment, creativity, and relentless advocacy.
In recent years, J.R. has devoted significant attention to helping healthcare and broadband infrastructure companies manage the challenges in their industries from competitors, counterparties, and government actors. Across hundreds of cases, J.R. has litigated drug pricing and pay-for-delay allegations, FDA import controls for pharmaceutical manufacturers, and healthcare equipment supply chain disputes as lead trial counsel in single-plaintiff, class action, and multidistrict litigation. J.R. also regularly represents broadband companies in the many commercial and regulatory disputes facing that industry. Beyond complex contract disputes and business torts, J.R. routinely handles DTPA/CPA, RICO, and antitrust challenges from state attorneys general and private plaintiffs.
In addition to his active business disputes and trade practices work, J.R. has experience handling financial agency enforcement actions and securities litigation, serving as national counsel for financial services companies and investment funds, and litigating the soft IP issues (copyright, trademark, and licensing) endemic to digital commerce. J.R. also has developed significant practices litigating federal jurisdictional, sovereignty, and immunity issues involving the highest offices in the federal government and Native Tribal rights.
Closer to home, J.R. has been at the forefront of changes in Maryland state control share litigation and class action standards. He is active in the local bar and devotes his pro bono services to organizations in and around his community of Montgomery County.
Healthcare
- Lead litigation counsel for major pharmacy benefits manager in class actions, multi-district litigation, and government enforcement actions advancing consumer protection claims regarding drug pricing
- Lead litigation counsel for pharmaceutical manufacturer in Administrative Procedure Act (APA) dispute concerning US Food and Drug Administration import controls
- Lead counsel for alleged co-conspirator in pay-for-delay branded drug litigation
- Regular commercial counsel for healthcare equipment manufacturer in supply chain disputes
Competition and Trade Regulation
- Obtained dismissal of Sherman Act and Robinson-Patman Act claims in multiple cases against large telecommunications providers
- Lead counsel defending price-fixing and collusion claims in healthcare under Maryland Antitrust Act and mini-FTC acts in California, Indiana, Louisiana, Michigan, and Texas
- Trial and appellate counsel for telecommunications provider in antitrust class action challenging calling rates
- Litigated to favorable resolution multiple theft-of-opportunity and noncompetition disputes for defense contractors and large telecommunications providers
- Represented global personnel company in multiple franchise, licensing, and commercial disputes
Shareholder Disputes
- Multiple SEC investigations into Rule 10b-5 and other violations by primary and secondary MBS market participants
- Successfully repelled claims by the Maryland Commissioner of Financial Regulation in control shares acquisition dispute
- Multiple intracompany control disputes and litigation among competing directors, partners, and shareholder groups
- Obtained dismissal of shareholder claims in multijurisdictional dispute against issuer of stock in pre-IPO financing transactions
- Successfully defended a government-sponsored enterprise in SEC investigation and civil securities fraud litigation
- Represented major mortgage loan servicing firms in foreclosure-related investigations by the SEC, Federal Reserve Board, and state attorneys general, and follow-on litigation
- Lead corporate counsel in multiple public company shareholder disputes and hostile takeover litigation
Communications and Broadband
- Lead litigation counsel for Alaska Native Tribes in APA dispute concerning federal agency management of infrastructure funding
- Lead litigation counsel for national fiber network companies in commercial disputes and state regulatory challenges
- Regular communications counsel for digital media companies in TCPA, ECPA, CIPA, and related enforcement and consumer claims
- Represented internet-based travel and lodging providers in cybersquatting and spyware litigation
- Successfully litigated defamation and Computer Fraud and Abuse Act claims over commercial use of stealth internet proxy services
- Successfully litigated First Amendment and defamation issues on behalf of broadcasting/publishing companies in television, radio, newspaper, and internet
- Represented large telecommunications provider in Voice-over-Internet Protocol (VoIP) litigation concerning allegations of “stealth” services in wireless telecommunications
Trademark and Copyright
- Longtime trademark counsel for global owner of food certification and other marks, including successfully prosecuting to judgment or favorably settling dozens of infringement and cybersquatting disputes relating to the client’s trademarks
- Litigated to successful resolution multiple copyright disputes concerning software code development and licensing
- Represented global electronics manufacturer in trademark litigation involving multibillion-dollar infringement dispute with competitor
- University of Maryland School of Law, 1998, J.D., with honors
- University of Pennsylvania, 1994, B.A.
- District of Columbia
- Maryland
- New York
- Supreme Court of the United States
- US Court of Appeals for the First Circuit
- US Court of Appeals for the District of Columbia Circuit
- US Court of Appeals for the Third Circuit
- US Court of Appeals for the Fourth Circuit
- US Court of Appeals for the Ninth Circuit
- US District Court for the District of Colorado
- US District Court for the District of Columbia
- US District Court for the District of Maryland
- US District Court for the Eastern District of Michigan
- US District Court for the Northern District of Indiana
- US District Court for the Eastern District of New York
- US District Court for the Northern District of New York
- US District Court for the Southern District of New York
Member, Law Firm of the Year, Securities Regulation, US News/Best Lawyers – Best Law Firms (2019)
Maryland State Bar Association