Scott Shaffer

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

Scott is a partner at Olshan Frome Wolosky LLP who specializes in advertising law, marketing and consumer protection issues as well as business competitor disputes. He has a subspecialty in sports law, combat sports in particular. A significant portion of Scott's practice is devoted to commercial litigation and arbitration, including defending class action lawsuits, arbitration and administrative investigations and proceedings, as well as general contractual disputes.

Advertising and Consumer Protection Litigation

Scott regularly defends Olshan clients in various FTC, FCC, NAD and Attorney General matters with a specialty in Telephone Consumer Protection Act (TCPA) litigation. He has successfully tried business disputes, argued motions to dismiss, class certification and summary judgment motions. He has appeared before various arbitral and self-regulatory dispute resolution organizations, including the American Arbitration Association, JAMS and NAD. He has resolved numerous business disputes through both settlement and mediation.

In 2021, Scott obtained a full summary judgment dismissal of a consumer class action lawsuit in the Superior Court of New Jersey, Bergen County. In granting Scott’s motion under the New Jersey Consumer Fraud Act, the court established a new precedent that limited the statute only to bona fide consumers who have actually used the product. Published trial court decision:  2021 WL 2152960. The ruling was affirmed by New Jersey’s Appellate Division the following year: appellate decision appears at 2022 WL 1739706.

In 2019, Scott was a guest speaker at the American Conference Institute’s annual conference on Advertising Claims Substantiation, where he presented to practicing attorneys on the topic comparative pricing class actions against online retailers.

His appellate work includes obtaining a grant of certification from the New Jersey Supreme Court and appearing before New York’s First Appellate Department. He has also represented clients in intellectual property, advertising, telemarketing, defamation and cybersquatting 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.

Relevant Practice Matters

• In 2020, Scott represented a law firm in the Southern District of New York in a fee dispute with former clients. There were three separate motions to dismiss made against the law firm and Scott defeated all three in their entirety (published decision: 2020 WL 6382920) prior to obtaining a recovery for the firm in mediation.

• Prevailed at trial in business dispute between New Jersey business competitors. Scott defended an investment advisory firm and its principal against allegations of breach of restrictive covenant and theft of trade secrets case. During this extensive dispute, Scott defeated a preliminary injunction motion and after discovery and a full trial on the merits, he obtained judgment in his clients’ favor on all counts in New Jersey chancery court.

• Successfully moved to dismiss a Consumer Fraud Act class action suit in New Jersey federal court on behalf of a distributor of nutritional supplements. Among grounds for seeking dismissal was that lack of prior substantiation for efficacy advertising claims was not a basis for a private cause of action under New Jersey law.

• Defended business in successful denial of class certification denied in potential $20 million telemarketing (TCPA) 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 “buy one get one free” class action lawsuit alleging false advertising under New Jersey’s Consumer Fraud Act.

• Represented marketer of men’s hair growth formulation, which included dietary supplements, in a series of NAD challenges and compliance proceedings. The general efficacy of client’s products was upheld (published decisions: NAD Case ## 3997 & 3997C). On behalf of same client, separately prosecuted several successful NAD challenges requiring changes to competitors’ advertising claims (published decisions NAD Case ##4553, 4423 & 4423C, 4300 & 4300C, 4227 & 4227C I&II).

• Represented sculptor in preliminary injunction proceedings against world-renowned fashion designer.

• Filed and settled Lanham Act claim on behalf of trademark owner in a lawsuit against award-winning recording artist Santi White, then performing under the name Santogold. Lawsuit resulted in recording artist ceasing the use of the mark and changing her performing name, and her record labels discontinuing the distribution of the allegedly infringing product.

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 Event, DiBella Entertainment, K-1 Kickboxing, and world champions Ricky Hatton, Cory Spinks, John Ruiz, Kermit Cintron and Krzysztof Glowacki. 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.

In 2019, Scott successfully represented Polish cruiserweight Krzysztof Glowacki in arbitration proceedings against the World Boxing Organization. Over objections from both the champion and the organization itself, Scott convinced the arbitration panel to award a guaranteed world title opportunity for Glowacki by arguing that the champion used illegal tactics during a boxing match.

In 2018, Scott served as expert witness in a jury trial involving heavyweight contender Fres Oquendo. With Scott preparing an expert report and testifying to the jury about the standards of the professional boxing industry, his client received a winning jury verdict, particularly on the issue of the boxers’ lost wages.

In 2017, Scott represented heavyweight Jarrell Miller in litigation concerning a promotional contract Miller had entered into years earlier. As a result of the litigation, Miller received a more favorable promotional contract and was able to compete in nationally televised boxing matches that established him as a top contender.

In 2016, Scott represented the manager and cornermen of Magomed Abdusalamov, a boxer who unfortunately was permanently disabled by brain injuries suffered during a boxing match. The doctors treating the boxer sought to blame Scott’s clients for failing to promptly report the boxer’s injuries. Through a motion to dismiss, Scott was able to obtain a finding of no liability for his clients. The case received front-page coverage from the New York Times and the boxer eventually received more than $22 million dollars from the State of New York.

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.

Scott has been recognized as a "Recommended Lawyer" in The Legal 500 United States in Media, Technology and Telecoms – Advertising and Marketing: Transactional since 2017.

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

Professional & Community Affiliations

New York State Bar Association

New Jersey Bar Association

Association of the Bar of the City of New York (Sports Law Committee)

• In 2021, Scott obtained a full summary judgment dismissal of a consumer class action lawsuit in the Superior Court of New Jersey, Bergen County. In granting Scott’s motion under the New Jersey Consumer Fraud Act, the court established a new precedent that limited the statute only to bona fide consumers who have actually used the product. Published trial court decision:  2021 WL 2152960. The ruling was affirmed by New Jersey’s Appellate Division the following year: appellate decision appears at 2022 WL 1739706.
• In 2020, Scott represented a law firm in the Southern District of New York in a fee dispute with former clients. There were three separate motions to dismiss made against the law firm and Scott defeated all three in their entirety (published decision: 2020 WL 6382920) prior to obtaining a recovery for the firm in mediation.
• In 2019, Scott successfully represented professional boxer Krzysztof Glowacki in arbitration proceedings against the World Boxing Organization. Over objections from both the champion and the organization itself, Scott convinced the arbitration panel to award a guaranteed world title opportunity for Glowacki by arguing that the champion used illegal tactics during a boxing match.
• In 2018, Scott served as expert witness on the issue of lost wages in a jury trial involving heavyweight contender Fres Oquendo. With Scott preparing an expert report and testifying to the jury about the earning standards of the professional boxing industry, his client, an insurance company, received a winning jury verdict, particularly on the issue of the boxers’ lost wages.
• Defended investment advisory firm and its principal in restrictive covenant/ theft of trade secrets case. Defeated preliminary injunction motion and after discovery and a full trial on the merits, obtained judgment on all counts in New Jersey chancery court.
• 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.

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