Areas of Focus
“Whether I speak to a jury or to a client, I make complex legal issues easy to understand. I focus on clarity, practicality and reasonable solutions to help clients lessen the inherent risks of litigation.”
Advertising's online expansion, unconventional marketing campaigns and influencer promotions have created uncharted legal territory. Ina Scher protects advertising industry leaders and brand owners this new world. Representing advertisers and advertising agencies in novel litigation and government investigations, Ina tempers the costly, disruptive and reputational risks of claims by government regulators, consumer protection advocates and class action lawyers.
Whether resolving class allegations of false or misleading advertising or government inquiries into anti-competitive practices, Ina builds creative strategies that align with clients’ business goals. Her early career experience as a Manhattan Assistant District Attorney provides clients with in-depth perspectives on civil and criminal allegations — and a courtroom advocate uniquely qualified to stand up to prosecutors and opposing counsel.
Clients rely on Ina’s detailed case preparation and collegial-yet-formidable litigation approach in high-stakes regulatory, business and intellectual property disputes. She provides insightful case assessments that inform critical legal strategies and resources. While she is always trial-ready, she will not hesitate to negotiate an early settlement to save a client from negative publicity and costly injunctive relief. Ina is also deft at arguing strategic, dispositive summary judgment motions that avoid the uncertainty of trial.
Even after Ina has achieved a favorable outcome, she helps clients maximize the opportunity litigation presents to shore up best practices. They count on her preventive regulatory counsel to avoid further claims from the FTC, U.S. DOJ, state attorneys general, local authorities, competitors or wherever the next threat lurks.
- Defended a leading paint manufacturer in a class action alleging marketing and packaging misrepresentations concerning the paint's name and benefits. Negotiated a favorable class settlement using a claims-made structure and limiting payment to a small fraction of the asserted damages and potential exposure. The resolution also allowed the company to continue using a product name that had developed considerable brand equity.
Resolved a multi-year investigation by the Department of Justice Antitrust Division of the advertising industry’s commercial production bidding practices with no civil claims or criminal charges being brought or fines levied against multiple advertising agencies.
- Protected trademarks of a worldwide provider of transportation and logistics services and won over $6 million in statutory damages and attorneys' fees in litigation concerning defendants’ willful infringement. Overcame resistance from the magistrate judge and prevailed on summary judgment, giving our client relief sooner. Also obtained injunctive relief to end defendants' infringement and for our client to use in deterring other infringers.
- Obtained dismissal of claims for injunctive relief and fraud at the outset of litigation for a major fast-casual restaurant chain in a consumer class action alleging it underfills its wraps. Resolved plaintiffs' claims, which will help it avoid similar litigations from other potential claimants.
Secured resolution of indemnity claims for a securitization sponsor brought by an underwriter and other parties seeking to shift liability for settlement payouts to investors and regulatory agencies. Negotiated settlement terms that eliminated future exposure for similar claims.
Defended a global investment bank against $250M legal exposure in RMBS litigation brought by investors who sought to hold it liable for fraud based on alleged misrepresentations in offering documents. Obtained dismissals and favorable resolutions in all actions.
Insights + Events
- Alert You Can Believe It’s Not Butter: NY Judges Dismiss “Butter” Class Actions
December 6, 2021
- Alert Court Enforces Arbitration Clause in In-Home Services App Agreement
October 11, 2021
- Publication The Agency 100 | May the Force Be with You: How the COVID-19 Crisis Impacts Agency Contract Obligations
August 12, 2020
- Alert How New York’s COVID-19 Executive Orders Affect Limitations Periods in New York
April 30, 2020
- Alert How the COVID-19 Crisis Impacts Contract Obligations
April 2, 2020
- FAQ Coronavirus (COVID-19) New York Courts
March 30, 2020
- Press Mention Law360 | Transport Co. Punished with $6M Damages Award in TM Suit
March 14, 2019
- Press Mention Law360 | Pret A Manger Nears Settlement of Underfilled Wraps Suit
January 30, 2019
- Boston University School of Law (J.D., 1992)
- Brown University (B.A., 1989)
- New York
- New Jersey
- U.S. District CourtSouthern District of New York
- U.S. District CourtEastern District of New York
- U.S. Court of AppealsSecond Circuit