Brett A. Scher

Brett A. Scher is a partner at Kaufman Dolowich & Voluck, LLP. His practice includes litigation in the fields of professional and cyber liability, class action defense, insurance coverage disputes, and commercial matters. Mr. Scher’s practice addresses litigation on the trial and appellate levels throughout the United States in both state and federal courts. In the area of professional liability, his practice includes complex attorney malpractice claims arising from underlying commercial litigation, securities law, real estate, personal injury, corporate governance, entertainment law, and patent/trademark issues. Mr. Scher also represents insurance brokers/agents, accountants, actuaries, as well as building management companies, co-op and condo boards, and other real estate professionals. He handles the defense of individual and class action claims under the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, the Telephone Consumer Protection Act and the Racketeer Influenced and Corrupt Organizations Act.

With respect to cyber liability, Mr. Scher handles data security incident responses for lawyers, accountants, insurance professionals and other small to medium enterprise companies. This includes the use of digital forensics, crisis management, breach notification and ensuring regulatory compliance. In addition, Mr. Scher has successfully defended and resolved multiple data breach-related lawsuits and demands.

His insurance coverage practice focuses on policy drafting and coverage services with respect to professional liability policies, technology policies, investment management policies and commercial general liability policies.

Awards

Recognition

•New York Metro Super Lawyers (2013 - 2016)

Publications

•NYSBA Gives Lawyers Green Light to Counsel and Partake in Recreational Marijuana Market, New York Law Journal, August 02, 2021, authors Jonathan Issacson and Brett Scher
•Viewpoint: Biometric Information Privacy Statutes Could Be a Minefield for Insurers, Insurance Journal
•Tax Shelters Continue To Present Pitfalls for Attorneys, LPL eAdvisory
•Is Statute Governing Law Practice on Its Way Out?, New York Law Journal
•New York Appellate Court potentially narrows recently expanded statute of limitations for fraud or deceit under Judiciary Law 487, ABA LPL eAdvisory
•KDV Alert: New York’s High Court Extends Statute Of Limitations For Some Claims Against Lawyers
•Atty’s Failure To Disclose Illness May Lead To Liability, Law360
•Attorney’s failure to disclose terminal illness can lead to liability, ABA LPL eAdvisory
•KDV Alert: Appellate Division Rejects Claim Administrator’s Legal Malpractice Claims Against Assigned Defense Counsel
•New York’s Appellate Division rejects one of the most creative efforts to circumvent the statute of limitations for legal malpractice claims, ABA LPL eAdvisory
•KDV Alert: NY’s Highest Court Further Limits Available Damages in Legal Malpractice Actions
•Attorneys Admitted to Practice in New York are Subject to Criminal Liability under New York Judiciary Law Based Upon Conduct in any Court Throughout the World, ABA LPL eAdvisory
•Second Circuit Decision Focuses on a Potential Pitfall in Appellate Practice and an Attorney’s Reliance on Legal Advice From a Judge’s Law Clerk, ABA LPL eAdvisory
•Second Circuit Maintains Privity Requirement for Breach of Fiduciary Duty Claim Arising From Class Action Litigation, ABA LPL eAdvisory

News

•Viewpoint: Biometric Information Privacy Statutes Could Be a Minefield for Insurers, Insurance Journal
•Tax Shelters Continue To Present Pitfalls for Attorneys, LPL eAdvisory

Speaking Engagements

•“Cyber - The Mechanics”, Webinar
•COVID-19: Legal Malpractice Perspectives on Small and Mid-Sized Law Firms Webinar, NYSBA, April 24, 2020: OVID-19: Legal Malpractice Perspectives on Small and Mid-Sized Law Firms Webinar,
•E&O Perspectives on Coronavirus, PLUS Blog, April 10, 2020: E&O Perspectives on Coronavirus
•Brett Scher Speaker at NYS Bar Association
•Brett Scher NYS Bar Association Co-Presenter
•American Conference Institute’s Advanced Forum on LPL - Legal Malpractice: Social Media for Lawyers: Limiting Exposure to Liability and the Latest Insurance Coverage Issues Being Raised
•Ethical Issues When an Attorney Leaves the Firm, Stafford Publications Webinar: Ethical Issues When an Attorney Leaves the Firm - Managing Client Communications, Client Files, Work Product, and Conflict of Interest
•Attorney Conflicts of Interest: Identifying and Resolving Ethical Pitfalls, National CLE Webinar
•PLI’s Ethics and Conflicts 2013: How to Handle Client Conflicts
•NYSBA Legal Malpractice 2013: Identifying and Responding to Professional Liability Claims
•2010 American Conference Institute’s 2nd National Forum on LPL/Legal Malpractice: Law Firm Risk Management in the New Economy: Minimizing Exposure to Liability and Applying the Lessons Learned from the Economic Downturn
•2012 American Conference Institute’s Advanced Forum on LPL/Legal Malpractice Claims and Litigation: Defending Allegations Related to Ponzi Schemes, FDIC Bank Failure Claims, FDCPA Debt Collection Claims and Beyond
•2012 DRI Professional Liability Seminar: Damages: What Are the Limits?
•5th Annual National Errors and Omissions Liability Insurance ExecuSummit: E&O Risks associated with Foreclosures and Bank-Owned Properties
•ABA Spring 2013 National Legal Malpractice Conference: Case Law Developments
•CNA Insurance 2012 Accountants and Lawyers’ Annual Defense Network (ALADN): Social Media, Legal Ethics and Legal Malpractice