Scott Shaffer - New York, NY

Scott A. Shaffer focuses his litigation practice in the areas of advertising, direct marketing, class action defense, and sports and entertainment law.

A significant portion of Scott's practice is devoted to federal litigation, including defending class action lawsuits, Federal Trade Commission and Attorney General actions, and general contractual disputes. Scott also has worked extensively with Olshan's direct marketing clients to ensure compliance with the myriad complex laws that regulate solicitation of consumers via telephone and email.

Scott has an impressive record defending consumer class action lawsuits and other mass litigations, including successfully obtaining dismissals at the pleading stage, denial of class action status, negotiating favorable settlements, and setting legal precedent. He has defended consumer class action suits in federal and state court alleging a wide range of legal theories, including false advertising, "cramming" and other unauthorized charges, and telemarketing violations.

Sports Law

Scott is prominently involved in sports and entertainment law, particularly in the sport of boxing. In that arena, he represents boxing promoters, managers, individual boxers, and boxing-related entertainment and media businesses in New York, New Jersey, and nationwide. Scott's current and former clients include major fight promoters, such as Sauerland Events, Gary Shaw Productions, and DiBella Entertainment, and world champions Ricky Hatton, Cory Spinks, John Ruiz, and Kermit Cintron. He has successfully worked to obtain title fights for his clients against Wladimir Klitschko, Bernard Hopkins and other world champions. On behalf of his clients, he has negotiated broadcasting and license deals with networks such as HBO, Showtime, and ESPN.

Long before he became a boxing lawyer, boxing was an integral part of Scott's life. He was a sportswriter for years, covering boxing for The Ring magazine and serving as an officer of the Boxing Writers' Association of America. Perhaps no other lawyer in the U.S. has the depth of knowledge, experience, and familiarity that Scott brings to the boxing industry.

Prior to joining Olshan, Scott was a partner at The Lustigman Firm.

Representative Matters

• Class certification denied in potential $20 million telemarketing class action (published decision: 2012 WL 2891804)
• Obtained full dismissal of a lawsuit filed by Verizon seeking tens of millions of dollars under the Telephone Consumer Protection Act (published decisions: 2012 WL 1638056, 2010 WL 3946713).
• Granted summary judgment in New Jersey Superior Court dismissing class action lawsuit alleging false advertising under New Jersey's Consumer Fraud Act.
• Obtained dismissal from RICO lawsuit on behalf of world champion boxer in Southern District of New York.
• Represented former heavyweight champion sued in United States District Court by his former manager and trainer for allegedly unpaid fees exceeding $3 million. Case settled prior to trial without any payment from boxer.
• Represented the owner of the trademark "Santo Gold" in a lawsuit against award-winning singer/songwriter Santi White, then performing under same name. Lawsuit resulted in junior user ceasing the use of the mark and changing her performing name, and her record labels discontinuing the distribution of the allegedly infringing product.
• Represented European boxing promoters in negotiating groundbreaking eighteen-month "Super Six" boxing tournament among the world's top boxers. Tournament involved five promoters, six boxers and two world sanctioning organizations and required the creation of a scoring system, tournament rules and tie-breaking procedures. Successfully completed contract covering worldwide broadcast rights among several international networks and harmonizing the rules of local boxing commissions, including testing for performance-enhancing drugs.

Media Mentions/News

• Shaffer Quoted in Law360 on Supreme Court's Lanham Act Ruling
  March 25, 2014
• Shaffer Quoted in Law360 on Potential Increase in Federal TCPA Suits in NYC
  December 11, 2013
• Shaffer Quoted in Law360 on Effects of Rise in TCPA Class Actions
  November 25, 2013
• Shaffer Quoted in Law360 Article on DATA Act
  November 21, 2013
• Law360 Quotes Shaffer Regarding Expansion of TCPA Defense Options
  October 22, 2013
• Lustigman Leads Olshan Team Defending California Class Action
  January 24, 2013
• Scott Shaffer Appears on truTV
  November 9, 2012
• Shaffer Scores Knockout Victory for CES
  July 27, 2012
• Favorable Ruling in Class Action Lawsuit
  July 26, 2012
• Law 360 Covers Shaffer's Victory for Family Care and Association Health Care
  May 8, 2012
• E-Commerce Quotes Shaffer on Robocalls and FCC Regulation
  February 16, 2012
• Law 360 Reports on Shaffer's Boxing Litigation for Guerrero
  September 7, 2011
• Olshan Announces Advertising, Marketing & Promotions Group
  June 1, 2011

Press Releases

• Olshan's Advertising, Marketing & Promotions Practice Launches Integrated Platform and Relaunches Leading Internet Sweepstakes Site
  January 28, 2014
• Olshan Obtains Significant Victory Against Verizon And OnStar
  May 9, 2012
• Olshan Announces New Practice Group: Advertising, Marketing & Promotions Department
  June 1, 2011

Advertising Law Blog

• Clarification on Bringing False Advertising Claims under the Lanham Act
• Google Defeats Class Certification For Allegedly Scanning Gmail Accounts
• Yahoo! Unhappy With TCPA Ruling; Seeks Reconsideration
• Court Determines Taxi Company's Texting System Is Not An Autodialer
• Shaffer Quoted in Law360 Article on DATA Act
• Third Circuit Reinstates Class Action Over Expiration Dates On Restaurant Gift Certificates
• Third Circuit Issues Important Consumer Class Action Ruling
• Olshan to Host Free TCPA Webinar; CLE Credit Available