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.
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
American Bar Association, Antitrust Law Section
California Lawyers Association, Antitrust, UCL, and Privacy Section
Women Antitrust Plaintiffs’ Attorneys
WHAT OTHERS SAY
American Antitrust Institute
- Outstanding Antitrust Litigation Achievement in Private Law Practice: an honor she received as part of the O’Bannon v. NCAA case team in 2015.
- Local Litigation Star in 2021
- Commercial Litigation
- Top 150 Women in Litigation in 2014
- Antitrust Litigation Star and Local Litigation Star in 2012
Global Competition Review
- Litigation of the Year - Non-Cartel Prosecution: an honor she received as part of the O’Bannon v. NCAA case team in 2015.
- Leading Plaintiff Financial Lawyer since 2019
- Recommended Lawyer, Antitrust - Civil Litigation/Class Actions: Plaintiff since 2015
"In Washington, DC, Michael Hausfeld and Hilary Scherrer are 'friendly, engaging and spot-on.'" (Legal 500 US, Antitrust - Civil Litigation/Class Actions: Plaintiff, 2020)
"A smart strategic thinker." (Legal 500 US, Antitrust - Civil Litigation/Class Actions: Plaintiff, 2016)
National Law Journal
- Litigation Trailblazer & Pioneer, and Litigation Star in 2015
- Super Lawyer, Antitrust Litigation in Washington, DC since 2019
Who's Who Legal
- Global Leader, Competition: Plaintiff in 2020
- Recommended Lawyer, Competition: Plaintiff since 2017
Hilary "has wide-ranging experience in antitrust litigation in the U.S. and is regarded as one of the leaders in the field." (Who’s Who Legal, Competition - Plaintiff - Legal Marketplace Analysis, 2018)
- 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.
Commercial & Financial Disputes
- 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.
We have extensive experience representing public and governmental entities, including state Attorneys General Offices, municipal utility boards, and counties in high-stakes investigations and litigation involving a variety of legal practice areas, including antitrust, consumer protection, financial services, and environmental law. The firm’s public entity portfolio includes:
- Retention by state Attorneys General Offices for antitrust litigation against Big Tech platforms.
- Retention by the largest public water supplier in the country relating to environmental contamination.
- Retention by public entities to pursue antitrust claims relating to fraud in financial markets; and
- Retention by the state of West Virginia in one of the earliest cases against the pharmaceutical industry relating to the opioid crisis, filed decades before the current wave of opioid litigation.
WHAT I THINK
Legal 500 US, 2019
Friendly, engaging and spot-on.
Who's Who Legal, 2018
Has wide-ranging experience in antitrust litigation in the U.S. and is regarded as one of the leaders in the field.