FacultyFaculty/Author Profile

Scott A. Sher

Wilson Sonsini Goodrich & Rosati

Washington, DC, USA


Scott Sher is a partner in Wilson Sonsini Goodrich & Rosati's Washington, D.C., office, where his practice focuses on antitrust counseling and litigation. He represents technology clients in connection with antitrust issues that arise throughout the merger and acquisition process, from pre-merger counseling through investigations conducted by the Department of Justice, the Federal Trade Commission, and foreign regulatory agencies. In addition, Scott has significant experience providing both day-to-day counseling and litigation representation to clients on issues pertaining to joint ventures, the Robinson-Patman Act, pricing and distribution, trade association and patent pooling matters, and the Sherman Act.

Scott's representations have included a number of cutting-edge cases involving the intersection of antitrust and intellectual property law. He specializes in working with companies in the software, biotechnology, semiconductor, telecommunications, computer hardware, Internet infrastructure, and e-commerce industries.

Scott currently serves as vice chair of the Intellectual Property Committee within the American Bar Association's Antitrust Law Section, and previously served as vice chair of the Mergers and Acquisitions Committee. Scott has also been editor of the Antitrust Law Journal, the flagship publication of the Antitrust Law Section, and regularly contributes antitrust articles to law journals and industry-specific publications.

Prior to joining Wilson Sonsini Goodrich & Rosati, Scott clerked for both the Honorable Joseph T. Sneed III of the U.S. Court of Appeals for the Ninth Circuit in San Francisco and the Honorable Charles A. Legge of the U.S. District Court for the Northern District of California.
Scott formerly served as a member of the firm's Policy Committee.

SELECT REPRESENTATIONS:
Scott has provided antitrust representation to clients with respect to the following matters:
- Represented Sun Microsystems in connection with its acquisition by Oracle Corporation, working with the Department of Justice to dispel any concern that the transaction would cause any lessening of competition in the JAVA or database markets
- Represented Nuance with regard to its acquisitions of VoiceSignal, Philips Speech Recognition Services, and eScription, in connection with Department of Justice investigations into whether the transactions would lessen competition in the speech recognition market 
- Represented Google before the Federal Trade Commission and other regulatory and political fora in connection with the company's acquisition of DoubleClick. After the issuance of a Second Request, the FTC closed its investigation in December 2007, noting that the acquisition of DoubleClick was unlikely to substantially lessen competition. 
- Successfully defended private equity fund Vector Capital after the company was sued along with Francisco Partners by a class of WatchGuard Technologies investors who claimed that the two funds had colluded in their bidding to acquire WatchGuard voting securities. The firm secured the first-ever published opinion from the Western District of Washington concluding that such joint bidding does not implicate the antitrust laws. 
- Represented Brocade Communications Systems in connection with the FTC's investigation and Second Request regarding Brocade's proposed acquisition of McDATA Corporation. The FTC ultimately voted to clear the acquisition in January 2007. 
- Successfully defended University of Pittsburgh Medical Center after it was sued by rival West Penn Allegheny Medical System, which claimed that UPMC conspired with a leading health-insurance firm and took steps to exclude WPAMS from the market. The complaint was dismissed in its entirety. 
- Represented Autodesk in connection with antitrust issues arising through its acquisitions of Revit, Alias, and SoftImage, leading developers of 3D-graphics technology for the architecture, media, and entertainment industries

EDUCATION: 
- J.D., University of California, Hastings College of the Law, 1997
Cum Laude
- B.S., Economics, Wharton School of the University of Pennsylvania, 1994
Cum Laude
- B.A., Urban History, University of Pennsylvania, 1994
Cum Laude

HONORS: 
- Recognized by The Deal as one of eight attorneys who represent the "best up-and-coming talent in transactional lawyering," 2010 
- Named one of the world's 40 leading competition lawyers under the age of 40 by Global Competition Review, May 2008 
- Selected for inclusion in the 2008, 2009, 2010, and 2011 editions of The International Who's Who of Competition Lawyers & Economists

ADMISSIONS: 
- Bar of the District of Columbia 
- State Bar of California 

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