SCOTT ANDREW SHER
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 Unilateral Conduct Committee within the American Bar Association's Section of Antitrust Law, and previously served as vice chair of the Mergers & Acquisitions and Intellectual Property committees. Scott has also been editor of the Antitrust Law Journal, the flagship publication of the Section of Antitrust Law, 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.SELECT REPRESENTATIONS:
Scott has provided antitrust representation to clients with respect to the following matters:
- Represented Dolby in connection with its acquisition of Doremi Technologies, a transaction that combined leading digital cinema server firms, in investigations before the Department of Justice and European Commission
- Represented CoPart in connection with its acquisition of car salvage competitor QCSA holdings, a transaction that combined two of the leading national car salvage companies, in an investigation by the Federal Trade Commission
- Represented Google in connection with the FTC's investigation into its acquisition of Waze, one of the leading crowd-sourced map companies
- Successfully represented Google in connection with the Federal Trade Commission's investigation into a number of Google's business practices
- Represented Seagate Technology in its acquisition of the hard-disk-drive business of Samsung Electronics, a transaction that combined two leading HDD manufacturers, which received significant scrutiny from the Federal Trade Commission, as well as the European Commission and MOFCOM in China
- Represented Google in connection with its successful acquisition of ITA Software, which included a significant Department of Justice investigation into the transaction. Google completed the acquisition after agreeing to a consent order to license ITA's software on a non-discriminatory basis.
- Represented McAfee, Inc. in connection with the Federal Trade Commission and European Commission investigations into whether its acquisition by Intel Corporation would lessen competition in the security software or CPU markets
- 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
- J.D., University of California, Hastings College of the Law, 1997
- B.S., Economics, Wharton School of the University of Pennsylvania, 1994
- B.A., Urban History, University of Pennsylvania, 1994
- Vice Chair, Intellectual Property Committee, Section of Antitrust Law, American Bar Association
- Former Vice Chair, Mergers and Acquisitions Committee, Section of Antitrust Law, American Bar Association
- Selected for inclusion in 2015 edition of Who's Who Legal: Competition
- Received "Lawyer of the Year - Under 40" GCR Award by Global Competition Review, 2012
- Named one of the world's 40 leading competition lawyers under the age of 40 by Global Competition Review in both 2008 and 2012
- Selected for inclusion in the 2012 and 2013 editions of Washington DC Super Lawyers
- Honored with the "Best Business Mergers Article - 2012 Antitrust Writing Award" from the Institute of Competition Law for co-authoring "EU and U.S. Antitrust Authorities Update: Best Practices on Cooperation in Merger Investigations"
- Named among the District of Columbia's top antitrust attorneys in the 2011, 2012, 2013, and 2014 editions of Chambers USA: America's Leading Lawyers for Business, in which researchers singled him out for his "amazingly fast and very thorough analysis"
- Honored by Law360 as one of five "Rising Stars" in competition law, 2011
- Recognized by The Deal as one of eight attorneys who represent the "best up-and-coming talent in transactional lawyering," 2010
- Selected for inclusion in the 2008, 2009, 2010, 2011, 2012, 2013, and 2014 editions of The International Who's Who of Competition Lawyers & Economists
- Co-author with K. Kemp, "A Comparative Analysis of the Use of Merger Remedies in Technology Industries," CPI Antitrust Chronicle, December 2014
- Co-author with C. Williams, "Rethinking the Investment-Only Exemption," The Threshold, Vol. XV, No. 1, Fall 2014
- Co-author with D. Kane, "Recent Enforcement Decisions Involving Technology Mergers and Acquisitions at MOFCOM," CPI Antitrust Chronicle, October 2014
- Co-author with C. Williams and B. Tennis of "US Antitrust" chapter, The Mergers & Acquisitions Review, Eighth Edition, Law Business Research, 2014
- Co-author with J. Lutinski and B. Tennis, "The Role of Antitrust in Evaluating the Competitive Impact of Patent Pooling Arrangements," The Sedona Conference Law Journal, Vol. 13, Fall 2012
- Co-author with A. Murino, "Unilateral Effects in Technology Markets: Oracle, H&R Block, and What It All Means," Antitrust, Vol. 26, No. 3, Summer 2012
- Co-author with I. Gotts, "The Particular Antitrust Concerns with Patent Acquisitions," Competition Law International, pp. 30-38, August 2012
- Co-author with V. Hogan, "Getting the Deal Done: Antitrust Risk-Shifting Provisions in Merger Agreements," The Threshold, Vol. 12, No. 1, Fall 2011
- Co-author with K. Kuritz, "The Innovation Costs of a Flawed Patent System," MLex Magazine, October-December 2011
- Co-author with C. Biggio, R. Shehadeh, and J. Lutinski, "The Emerging Role of Open-Source Software in Merger Analysis," Sweet & Maxwell, reprinted from European Competition Law Review, Issue 7, 2011
- Co-author with J. Jacobson and E. Holman, "Predatory Innovation: An Analysis of Allied Orthopedic v. Tyco in the Context of Section 2 Jurisprudence," 23 Loyola Consumer Law Review 1, 2010
- Co-author with S. Creighton, "Resolving Patent Disputes through Merger: A Comparison of Three Potential Approaches," 75(3) Antitrust Law Journal 657-690, 2009
- Co-author with I.K. Gotts and M. Lee, "Antitrust Merger Analysis in High-Technology Markets," European Competition Journal, Vol. 4, No. 2, December 2008
- Co-author with C. Biggio and F. Rubinstein, "Brocade/McDATA: Structural Presumptions Didn't Tell the Whole Story," The Threshold, Vol. 7, No. 2, Spring 2007
- Co-author with J. Jacobson, "'No Economic Sense' Makes No Sense for Exclusive Dealing," 73 Antitrust Law Journal 779, 2006
- "Analyzing Medical Device Mergers," ABA Antitrust Health Care Chronicle, Vol. 20, No. 2, July 2006
- Please see wsgr.com for a complete list of publications.
- Bar of the District of Columbia
- State Bar of California