Hilary K. Scherrer
Hilary has extensive experience representing businesses and individuals in the trial courts, appellate courts, and before the United States Supreme Court. She has served in leadership positions in a number of high-profile antitrust cases, including cases that have resulted in landmark court decisions. In addition to her antitrust work, Hilary has litigated consumer fraud, financial manipulation, and other complex litigation matters. Over the course of her career, her cases have achieved nearly $2 billion in settlements for victims of wrongdoing. She has been asked to speak on matters related to antitrust enforcement, electronic discovery, and complex case management by the American Bar Association and the Women Antitrust Plaintiffs’ Attorneys. Reinforcing her standing as a trusted leader in her field, Hilary has been named to the National Law Journal’s list of “Litigation Trailblazers & Pioneers” as well as its list of “Antitrust Litigation Stars,” and Lawdragon named her a “Leading Plaintiff Financial Lawyer.”
Hilary has represented clients seeking redress in the financial services, airlines, sports, medical products, industrial products, and advertising industries, among others.
Antitrust / Competition
- In re Domestic Airline Travel Antitrust Litigation – Currently leading this class action lawsuit alleging a conspiracy by United, American, Delta, and Southwest to artificially inflate domestic airline ticket prices by limiting capacity growth. Although discovery is ongoing, settlements total $60 million to date.
- In re NCAA Student-Athlete Name & Likeness Licensing Litigation – Was one of the lead attorneys in this case, also known as the O’Bannon case. In O’Bannon, current and former student- athletes alleged that the NCAA and others conspired to pay nothing for the use of athletes’ names, images, and likenesses. This case, which has garnered significant press attention, was the first case to find the NCAA’s rules and bylaws violate the antitrust laws.
- In re Air Cargo Shipping Services Antitrust Litigation – Was one of the lead attorneys in this case which settled with the last of nearly thirty defendants shortly before trial. Settlements in the case totaled more than $1.2 billion.
Financial Services and Securities
- In re Libor-Based Financial Instruments Antitrust Litigation – Currently leading this class action lawsuit alleging a global conspiracy by some of the world’s largest financial institutions to manipulate LIBOR. The manipulation of LIBOR, which is the primary benchmark for short-term interest rates for trillions of dollars-worth of financial transactions worldwide, is alleged to have caused billions of dollars in damage to municipalities, businesses, and investors. Hilary was instrumental in the briefing and expert work resulting in certification of the over-the-counter class. She has also been instrumental in settlement negotiations, which have resulted in settlements with four out of the sixteen defendants totaling $590 million to date.
- In re Chicago Board Options Exchange Volatility Index Manipulation Antitrust Litigation – Currently serving on the Plaintiffs’ Steering Committee in this class action lawsuit alleging that financial institutions conspired to post bids on certain S&P 500 options to influence the CBOE-Special Opening Quotation (“SOQ”) formula that calculates settlement prices of VIX instruments.
Deceptive Business Practices and Consumer Protection
What Others Say
- Hilary has been repeatedly designated as a “Recommended Lawyer” in Antitrust - Civil Litigation/Class Actions - Plaintiff by The Legal 500 (2015-Present), and the publication has praised her as “a smart strategic thinker.”
- Super Lawyers honored Hilary as a "Top Rated” Antitrust Litigation Attorney in Washington, DC (2019-Present)
- Hilary has been selected by Lawdragon as a "Leading Plantiff Financial Lawyer" (2019-Present)
- Hilary has been recognized by Who’s Who Legal as a top “Competition Plaintiff Lawyer” (2017-Present). The publication remarked that she “has wide-ranging experience in antitrust litigation in the U.S. and is regarded as one of the leaders in the field.”
- Hilary has been named to the National Law Journal’s list of “Litigation Trailblazers & Pioneers,” and as one of the country’s top “Antitrust Litigation Stars” (2015)
- The American Antitrust Institute honored Hilary, as part of the O’Bannon v. National Collegiate Athletic Association Litigation case team, with the award for “Outstanding Antitrust Litigation Achievement in Private Law Practice” (2015). That same year, the case team was honored with the award for “Litigation of the Year – Non-Cartel Prosecution” by the Global Competition Review.
- Benchmark Plaintiff named Hilary as one of the “Top 150 Women in Litigation” (2014); one of the country’s top “Antitrust Litigation Stars” (2012); and one of the District of Columbia’s “Local Litigation Stars” (2012)
American University Washington College of Law, J.D., cum laude, 2000
University of Colorado, Boulder, B.A., 1996
District of Columbia
United States District Court for the District of Columbia
United State District Court for the Northern District of California
United State District Court for the Central District of California
United State District Court for the Eastern District of California
United States Court of Appeals for the District of Columbia Circuit
United States Court of Appeals for the Second Circuit
United States Court of Appeals for the Third Circuit
United States Court of Appeals for the Ninth Circuit
United States Supreme Court
Affiliations & Memberships
American Bar Association, Antitrust Law Section
California Lawyers Association, Antitrust, UCL, and Privacy Section
Women Antitrust Plaintiffs’ Attorneys