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Ina B. Scher is a partner in the Litigation Practice Group of Davis & Gilbert. She has extensive experience defending businesses in complex commercial disputes in a variety of areas including contract disputes, check fraud, restrictive covenant and employment-related disputes and intellectual property matters.

Ms. Scher represents leading medical marketing companies and continuing medical education providers in connection with government enforcement actions related to the healthcare and pharmaceutical industries. She has represented corporate entities in numerous Department of Justice and FDA investigations of off-label promotion and pharmaceutical marketing practices.

In addition to trying cases, Ms. Scher regularly represents clients in alternate dispute resolution proceedings including mediation and arbitration through which she has been able to achieve favorable outcomes for her clients while avoiding the costs and uncertainties of litigation.

Prior to joining Davis & Gilbert, Ms. Scher served as an Assistant District Attorney in the Manhattan District Attorney’s Office where she tried numerous domestic violence, sex crimes, and drug cases. Ms. Scher uses the vast experience she gained investigating and prosecuting criminal cases to counsel and represent corporate clients who have been victims of check fraud, employee embezzlement, identity theft and other crimes.          

REPRESENTATIVE ENGAGEMENTS

  • Currently defending an Internet marketing and communications company in a series of putative consumer class actions in which plaintiffs claim that defendant and several internet-based marketing companies engaged in false advertising and unfair competition relating to “work-at-home” offers.
  • Successfully defended the operator of a major social networking website in a consumer class action in the Northern District of California which involved evolving areas of CAN-SPAM law, deceptive practices, and false advertising. This action arose out of a membership campaign which allowed members to upload their e-mail contact lists and to send membership invitation e-mails to those uploaded contacts.
  • Successfully defended a skincare products manufacturer in a consumer class action alleging that the defendant lacked the requisite clinical support for claims made in its advertising and marketing materials.
  • Successfully defended an advertising agency that was the victim of check fraud, prevailing on summary judgment in the District Court arguing and winning appeal in Second Circuit, and obtained complete recovery of face value of the check.
  • Successfully defended an advertising agency defeating motion for class certification in putative class action for alleged violation of the Telephone Consumer Protection Act.

SPEAKING ENGAGEMENTS

"False Advertising & Deceptive Marketing Practices: Trends in Litigation and Governmental Enforcement Actions," Cardozo Law School's Semi-Annual Fashion Law Symposium: The Latest in Brand Marketing and Legal Compliance, April 24, 2014

"False Advertising & Deceptive Marketing Practices: Trends in Consumer Class Actions and Governmental Enforcement Actions," Davis & Gilbert IP Litigation Webinar, February 7, 2013

The Compliance Conundrum: Avoiding Pitfalls in the Publication Planning and Execution Process,” The International Publication Planning Association, November 10, 2010

“Effective Resolution Strategies in Consumer Class Actions and Governmental Investigations,” D&G Intellectual Property Litigation Seminar, October 25, 2012

Preserving Scientific Integrity While Avoiding Kickback Allegations for CME, Ghostwriting, and Consulting Arrangements,” American Conference Institute’s 10th National Forum on Fraud & Abuse in the Sale & Marketing of Drugs, March 24-25, 2010

"Knowing What to Do When You Receive a Subpoena: Responding Effectively to Off-Label Investigations and Qui Tam Suits," American Conference Institute: Pharmaceutical Counsel's Guide to Off-Label Communications, July 16, 2009

PUBLICATIONS

Co-Author, "False Advertising & Deceptive Marketing Practices: Trends in Litigation and Governmental Enforcement Actions," D&G Advertising, Marketing & Promotions Alert, May 2014

Co-Author, "Clemens Strikes Out in Bid to Extend Privilege to Public Relations Team," D&G Litigation Alert, October 2013

Co-Author, "Ninth Circuit Shreds Proposed Frosted Mini-Wheats Class Action Settlement," D&G Intellectual Property Litigation Alert, July 2012

BAR ADMISSIONS

New York
New Jersey
U.S. District Courts, Southern and Eastern Districts of New York
U.S. Court of Appeals, Second Circuit

EDUCATION

Boston University School of Law, J.D., 1992
Brown University, B.A., 1989


REPRESENTATIVE ENGAGEMENTS

  • Currently defending an Internet marketing and communications company in a series of putative consumer class actions in which plaintiffs claim that defendant and several internet-based marketing companies engaged in false advertising and unfair competition relating to “work-at-home” offers.
  • Successfully defended the operator of a major social networking website in a consumer class action in the Northern District of California which involved evolving areas of CAN-SPAM law, deceptive practices, and false advertising. This action arose out of a membership campaign which allowed members to upload their e-mail contact lists and to send membership invitation e-mails to those uploaded contacts.
  • Successfully defended a skincare products manufacturer in a consumer class action alleging that the defendant lacked the requisite clinical support for claims made in its advertising and marketing materials.
  • Successfully defended an advertising agency that was the victim of check fraud, prevailing on summary judgment in the District Court arguing and winning appeal in Second Circuit, and obtained complete recovery of face value of the check.
  • Successfully defended an advertising agency defeating motion for class certification in putative class action for alleged violation of the Telephone Consumer Protection Act.

SPEAKING ENGAGEMENTS

"False Advertising & Deceptive Marketing Practices: Trends in Litigation and Governmental Enforcement Actions," Cardozo Law School's Semi-Annual Fashion Law Symposium: The Latest in Brand Marketing and Legal Compliance, April 24, 2014

"False Advertising & Deceptive Marketing Practices: Trends in Consumer Class Actions and Governmental Enforcement Actions," Davis & Gilbert IP Litigation Webinar, February 7, 2013

The Compliance Conundrum: Avoiding Pitfalls in the Publication Planning and Execution Process,” The International Publication Planning Association, November 10, 2010

“Effective Resolution Strategies in Consumer Class Actions and Governmental Investigations,” D&G Intellectual Property Litigation Seminar, October 25, 2012

Preserving Scientific Integrity While Avoiding Kickback Allegations for CME, Ghostwriting, and Consulting Arrangements,” American Conference Institute’s 10th National Forum on Fraud & Abuse in the Sale & Marketing of Drugs, March 24-25, 2010

"Knowing What to Do When You Receive a Subpoena: Responding Effectively to Off-Label Investigations and Qui Tam Suits," American Conference Institute: Pharmaceutical Counsel's Guide to Off-Label Communications, July 16, 2009

PUBLICATIONS

Co-Author, "False Advertising & Deceptive Marketing Practices: Trends in Litigation and Governmental Enforcement Actions," D&G Advertising, Marketing & Promotions Alert, May 2014

Co-Author, "Clemens Strikes Out in Bid to Extend Privilege to Public Relations Team," D&G Litigation Alert, October 2013

Co-Author, "Ninth Circuit Shreds Proposed Frosted Mini-Wheats Class Action Settlement," D&G Intellectual Property Litigation Alert, July 2012

BAR ADMISSIONS

New York
New Jersey
U.S. District Courts, Southern and Eastern Districts of New York
U.S. Court of Appeals, Second Circuit

EDUCATION

Boston University School of Law, J.D., 1992
Brown University, B.A., 1989