Bio
Mr. Scherer serves as leader of the firm’s Business and Commercial Litigation Practice Team, concentrating his practice primarily in state and federal business litigation where he advises a diverse client base covering a broad variety of industry sectors. His business litigation practice involves defending and prosecuting matters in New York State Court and in federal courts across the country. Mr. Scherer’s broad business litigation experience includes matters involving earn-out disputes, shareholder oppression claims, shareholder derivative actions, and contractual indemnity claims. In addition to extensive experience prosecuting and defending claims in court and arbitration, Mr. Scherer offers pragmatic business advice to help clients navigate the broad array of business issues they face.
As a member of the firm’s Consumer Financial Services Litigation Practice Team, Mr. Scherer concentrates a significant portion of his practice defending creditors, loan services, and debt collectors subject to claims brought under the Fair Debt Collection Practices Act (FDCPA), the Telephone Consumer Protection Act (TCPA), the Truth in Lending Act (TILA), and the Fair Credit Reporting Act (FCRA). Mr. Scherer also has experience in representing clients in investigations commenced by the Consumer Financial Protection Bureau (CFPB) and state regulators.
Representative Matters
- Represented member of limited liability company in derivative lawsuit alleging breaches of fiduciary duties in New York State Supreme Court.
- Secured a dismissal of lawsuit seeking $36 million of damages against real estate developer in United States District Court for the Northern District of Illinois.
- Represented financial services company in lawsuit alleging breach of contract related to sale of business in New York State Supreme Court.
- Successfully defeated motion for class certification in case brought against a financial services company related to alleged breaches of California law.
- Secured dismissal of breach of contract claim against manufacturing company related to indemnification provision under purchase agreement in United States District Court for the Central District of Illinois.
- Successfully defended real estate developer in breach of contract action seeking to halt purchase of $6 million hotel property in New York State Supreme Court.
- Successfully represented client in petition to confirm arbitration award of more than $2.6 million in United States District Court for the Southern District of New York.
- Secured dismissal of lawsuit brought against property management company alleging violations of the False Claims Act in the United States District Court for the Southern District of Texas.
Reported Decisions
- In re: Hal Luftig Company, Inc., 2024 WL 1197702 (S.D.N.Y. Mar. 19, 2024)
- FCP Entertainment Partners, LLC v. Hal Luftig Company, Inc., 2022 WL 14928458 (S.D.N.Y. Oct. 26, 2022)
- Brinkley v. Monterey Fin. Servs., LLC, 2022 WL 4111871 (S.D. Cal. Sept. 8, 2022)
- Pittsfield Dev., LLC v. Lynd, 2021 WL 3618275 (N.D. Ill. Aug. 16, 2021)
- Ranker v. Monterey Fin. Servs., LLC, 2021 WL 3617701 (N.D. Ala. Aug. 16, 2021)
- United States of Am., ex rel., Karen Miniex v. Houston Hous. Auth., et al., 2021 WL 2253830 (S.D. Tex. May 27, 2021)
- Romero v. Monterey Fin. Servs., LLC, 2021 WL 268635 (S.D. Cal. Jan. 27, 2021)
- Pittsfield Dev., LLC, et al. v. Lynd, 2020 WL 6701104 (N.D. Ill. Nov. 13, 2020)
- Lagrou v. Monterey Fin. Servs., LLC, 2020 WL 6092000 (E.D. Wash. Oct. 15, 2020)
- Reaser v. Monterey Fin. Servs., LLC, 2020 WL 5879523 (D. Ariz. Oct. 2, 2020)
- Yancey v. Equifax Info. Servs., LLC, 2019 WL 4257201 (E.D. Va. June 12, 2019)
- Anderson v. Monterey Fin. Servs., LLC, 2018 WL 4961663 (N.D. Cal. Oct. 12, 2018)
- Pavlovich v. Account Discovery Sys., LLC & DNF Assocs., LLC, 2018 WL 1605174 (S.D. Cal. Apr. 3, 2018)
- Harrow Industries LLC v. Nexus Corporation, 2018 WL 1020114 (C.D. Ill. Feb. 22, 2018)
- Evensen v. JTM Capital Management, LLC, et al., 2017 WL 2804937 (E.D.N.Y June 27, 2017)
- Mosley v. Monterey Fin. Servs., LLC, No. 16-cv-3614 (N.D. Ga. June 23, 2017)Stein v. Monterey Fin. Servs., Inc., 2017 WL 412874 (N.D. Ala. Jan. 31, 2017)
- Mihelis v. Network Commercial Servs., Inc., 2014 WL 4829062, at *1 (E.D.N.Y. Sept. 29, 2014)
- Cott Corp. v. Decas Botanical Synergies, LLC, 2012 WL 4120375 (W.D.N.Y. Sept. 19, 2012)
Articles & Publications
- "Drastic regulations for debt collectors," Guest Column, Author, Buffalo Law Journal, February 2015
- "Grab a Drink and Pass the Blame: An Argument Against Social Host Liability," Author, Defense Counsel Journal, April 2010
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Press Releases
64 Lippes Mathias Attorneys Recognized in the 2024 Editions of Upstate New York and Florida Super Lawyers
August 22, 2024
Press Releases
Sixteen Lippes Mathias LLP Attorneys and Seven Practice Areas Ranked in Chambers USA 2024
June 7, 2024
In The news
Brendan H. Little Quoted in Buffalo News Article "Consumer Watchdog Agency Can Proceed With Debt Collection Lawsuit Against Amherst Firm"
September 5, 2023
Press Releases
Upstate New York Super Lawyers 2023 Honors 45 Lippes Mathias Attorneys
August 29, 2023
Press Releases
Richard M. Scherer, Jr. Presents During ACA International Convention & Expo in Chicago
July 27, 2023
Press Releases
New Lippes Mathias LLP Attorneys and Practices Recognized, Others Continue to Climb Regional & National Rankings in Chambers USA 2023
June 13, 2023
In The news
Richard M. Scherer Jr. Featured in Rochester Business Journal "What Businesses Need to Know About Future Litigation Risks"
March 1, 2023
In The news
Partner Richard M. Scherer Jr., Quoted in Law360 Article "Girardi Trustee's Claims Against Litigation Funder Axed"
February 7, 2023