
Bio
Mr. Scherer serves as the Practice Team Leader for the firm’s Business and Commercial Litigation practice group, 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 advise to help clients navigate a broad array of business issues faced by his business clients.
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
Articles & Publications
- Author, "Drastic regulations for debt collectors," Guest Column, Buffalo Law Journal, February 2015
- Author, "Grab a Drink and Pass the Blame: An Argument Against Social Host Liability," Defense Counsel Journal, April 2010
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Brendan H. Little Quoted in Buffalo News Article "Consumer Watchdog Agency Can Proceed With Debt Collection Lawsuit Against Amherst Firm"
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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
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New Lippes Mathias LLP Attorneys and Practices Recognized, Others Continue to Climb Regional & National Rankings in Chambers USA 2023
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Partner Richard M. Scherer Jr., Quoted in Law360 Article "Girardi Trustee's Claims Against Litigation Funder Axed"
February 7, 2023

Press Releases
2022 Upstate New York Super Lawyers Recognizes 48 Attorneys from Lippes Mathias
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