Jason R. Scherr

In addition to his active business disputes practice, J.R. has handled SEC and other agency disputes for companies from major institutions to hedge funds, and even Native Tribes, from investigation through enforcement and litigated resolution. He serves as national counsel for lender/servicers and investment funds and as lead trial counsel in business disputes and class actions challenging allegedly deceptive trade practices, unfair competition, licensing violations, and consumer claims.

Closer to home, J.R. has been at the vanguard of changes in Maryland control share litigation and class action standards, and regularly navigates disputes with state agencies or otherwise concerning financial regulation, utilities, and insurance. J.R. devotes his pro bono services to organizations in and around his local community of Montgomery County.

• Micro Focus (US) Inc. v. Express Scripts, Inc., No. 8:16-cv-00971-PX (D. Md.): Obtained complete defense verdict in two-week jury trial on $23 million license and copyright claims by software licensor
• Quan-En Yang v. G & C Gulf, Inc. d/b/a G&G Towing, No. 403885V (Mont. Cnty.): Successfully lobbied for rule change by Maryland Court of Appeals abolishing defendant class actions in Maryland, based on representation of defendants in bilateral class action in Maryland State Circuit Court
• K&D, LLC t/a Cork v. Trump Old Post Office LLC & Trump, No. 1:17-cv-00731-RJL (D.D.C.): Obtained dismissal of all claims against the president of the United States in action for unfair competition under DC law based on the president’s ownership of a controlling interest in the Trump International Hotel

Securities and 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
• 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

Healthcare

• Lead litigation counsel for major pharmacy benefits manager in class actions and government investigations 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
• Regular commercial counsel for healthcare equipment manufacturer in supply chain disputes

Communications

• 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
• Lead litigation counsel for local fiber network companies in state regulatory proceedings and infrastructure funding litigation
• 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

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
• 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