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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 restrictive covenant and employment-related disputes, false and deceptive advertising and marketing practices and intellectual property matters.

Ms. Scher represents major financial institutions in complex securities litigation and FINRA arbitrations. She also represents major advertising agencies, commercial production and post-production companies in connection with government enforcement actions by the Department of Justice, the United States Attorney’s Office, the Federal Trade Commission and state Attorneys General. She has represented corporate entities in numerous Department of Justice and FDA investigations of off-label promotion and pharmaceutical marketing practices.

Ms. Scher counsels and defends major retailers and leading restaurant chains, cosmetics and hair care companies, and household goods manufacturers against false advertising and deceptive marketing claims including class actions and government enforcement actions.

Ms. Scher investigates and litigates internet reputation attacks and cyber-impersonation, and has represented numerous individuals and corporate entities that have been subjected to cyber-defamation and other online attacks. Through both investigation and litigation, Ms. Scher has identified individuals and entities responsible for anonymously posting false, malicious and defamatory internet content and has obtained removal of this content.

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 fraud, employee embezzlement, identity theft, and other crimes

REPRESENTATIVE ENGAGEMENTS

  • On behalf of a major financial institution, argued and obtained dismissal with prejudice of a fraud action brought by a residential mortgage-backed securities (RMBS) investor that had purchased $76 million of certificates sponsored by the defendant.
  • Represented a global financial services institution in a $35 million FINRA arbitration proceeding brought by an investor asserting claims for alleged unauthorized securities trading.
  • Defended major fast-casual restaurant chain in a consumer class action alleging that the defendant regularly underfills its wraps, obtaining dismissal of claims for injunctive relief and fraud at the outset of litigation.
  • Defended an internet marketing communications company in a series of putative consumer class actions in which plaintiffs claimed that the defendant and several internet-based marketing companies engaged in false advertising and unfair competition relating to “work-at-home” offers.
  • 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.
  • 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.
  • 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.
  • Defended an advertising agency defeating motion for class certification in a putative class action for alleged violation of the Telephone Consumer Protection Act.
  • Defended a leading marketing communications company in a breach of contract claim brought by a former consultant seeking to enforce an alleged oral agreement, prevailing on summary judgment in the District Court arguing and winning appeal in Second Circuit.
  • Investigated and identified the perpetrator of widespread anonymous cyber attack on a hedge fund and its officers and secured removal of defamatory content from the internet.

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, "4 Ways to Combat Online Cyber-Defamation," Inside Counsel, May 9, 2016

Co-Author, "Strategies and Tactics to Battle Online Cyber-Defamation," Davis & Gilbert 2016 Mitigating Risk: Key Litigation Developments

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

PRESS

Mentioned, Law360, "Transport Co. Punished with $6M Damages Award in TM Suit," March 14, 2019

Mentioned, Law360, "Pret A Manger Nears Settlement Of Underfilled Wraps Suit," January 30, 2019

Featured, The American Lawyer, "Cyberattack!" July 2015

Quoted, Corporate Counsel, "When Bloggers Attack and Companies Fight Back," June 17, 2015

Mentioned, Law360, "Morgan Stanley Can't Nix Fraud Claims Over $694M in RMBS," by Stewart Bishoip, June 10, 2014

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

  • On behalf of a major financial institution, argued and obtained dismissal with prejudice of a fraud action brought by a residential mortgage-backed securities (RMBS) investor that had purchased $76 million of certificates sponsored by the defendant.
  • Represented a global financial services institution in a $35 million FINRA arbitration proceeding brought by an investor asserting claims for alleged unauthorized securities trading.
  • Defended major fast-casual restaurant chain in a consumer class action alleging that the defendant regularly underfills its wraps, obtaining dismissal of claims for injunctive relief and fraud at the outset of litigation.
  • Defended an internet marketing communications company in a series of putative consumer class actions in which plaintiffs claimed that the defendant and several internet-based marketing companies engaged in false advertising and unfair competition relating to “work-at-home” offers.
  • 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.
  • 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.
  • 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.
  • Defended an advertising agency defeating motion for class certification in a putative class action for alleged violation of the Telephone Consumer Protection Act.
  • Defended a leading marketing communications company in a breach of contract claim brought by a former consultant seeking to enforce an alleged oral agreement, prevailing on summary judgment in the District Court arguing and winning appeal in Second Circuit.
  • Investigated and identified the perpetrator of widespread anonymous cyber attack on a hedge fund and its officers and secured removal of defamatory content from the internet.

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, "4 Ways to Combat Online Cyber-Defamation," Inside Counsel, May 9, 2016

Co-Author, "Strategies and Tactics to Battle Online Cyber-Defamation," Davis & Gilbert 2016 Mitigating Risk: Key Litigation Developments

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

PRESS

Mentioned, Law360, "Transport Co. Punished with $6M Damages Award in TM Suit," March 14, 2019

Mentioned, Law360, "Pret A Manger Nears Settlement Of Underfilled Wraps Suit," January 30, 2019

Featured, The American Lawyer, "Cyberattack!" July 2015

Quoted, Corporate Counsel, "When Bloggers Attack and Companies Fight Back," June 17, 2015

Mentioned, Law360, "Morgan Stanley Can't Nix Fraud Claims Over $694M in RMBS," by Stewart Bishoip, June 10, 2014

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