Overview

A recognized leader in financial litigation, Robert Scheef has recovered more than $1.5 billion for investors over the last 10 years.  Robert represents clients in disputes around the country involving an array of business issues and complex financial products.  He is Co-Chair of McKool’s Financial & Securities Litigation Group.

Robert’s skills are consistently recognized in leading legal publications, including Chambers USA (Band 1 in Securities: Institutional Plaintiffs), Lawdragon (500 Leading Plaintiff Financial Lawyers), and Super Lawyers (New York).  Chambers USA particularly highlighted his “long track record of success in RMBS putback litigation.”  Clients and peers at competing law firms have described Robert as "an excellent lawyer and very technically accomplished” (2018 Chambers USA) and “a highly cerebral lawyer” who is “very good at strategy” (2023 Chambers USA).

Careful analysis and creative strategy are the hallmarks of Robert’s practice, and he applies these talents to relentlessly pursue his client’s goal—whether that is loss recovery on an investment gone bad, implementation of a special situation investment opportunity, or elimination of claims asserted against a client.  That singular focus from the outset of a case has allowed clients to obtain substantial recoveries without having to go to court, as well as precedent-setting rulings in the courtroom.

Representative Matters:

  • Lead counsel for hedge fund in securing complete appellate win in litigation addressing distribution of a $4.5 billion settlement to RMBS certificateholders.
  • Counsel to investor in securing a precedent-setting summary judgment win in a California trust instruction proceeding concerning mortgage servicer’s attempt to exercise clean-up call rights for six RMBS trusts at an improper call price. Inside Mortgage Finance noted that this ruling “could have far-reaching consequences.”
  • Lead counsel for RMBS trustees in more than a dozen actions against Citigroup, JPMorgan, Nomura, WMC Mortgage, Merrill Lynch and Bank of America for breach of representations and warranties concerning billions of dollars in mortgage loans.
  • Lead counsel to multinational financial services company in seeking recovery of funds paid to settle Financial Crisis-era litigation.
  • Lead counsel to investor group in case of first impression concerning proper accounting treatment in RMBS trusts for billions of dollars in mortgage modifications.
  • Lead counsel to project finance company in securing sanctions against plaintiff and complete dismissal of plaintiff’s $40 million fraud claim.
  • Counsel to multinational telecommunications company sued by Charter Communications for indemnification of patent infringement judgment and settlement.
  • Lead counsel for a group of investors in securing revisions to an SEC Fair Fund distribution plan stemming from a $74 million settlement.

Experience

Representative Matters

  • Lead counsel for hedge fund in securing complete appellate win in litigation addressing distribution of a $4.5 billion settlement to RMBS certificateholders.
  • Counsel to investor in securing a precedent-setting summary judgment win in a California trust instruction proceeding concerning mortgage servicer’s attempt to exercise clean-up call rights for six RMBS trusts at an improper call price. Inside Mortgage Finance noted that this ruling “could have far-reaching consequences.”
  • Lead counsel for RMBS trustees in more than a dozen actions against Citigroup, JPMorgan, Nomura, WMC Mortgage, Merrill Lynch and Bank of America for breach of representations and warranties concerning billions of dollars in mortgage loans.
  • Lead counsel to multinational financial services company in seeking recovery of funds paid to settle Financial Crisis-era litigation.
  • Lead counsel to investor group in case of first impression concerning proper accounting treatment in RMBS trusts for billions of dollars in mortgage modifications.
  • Lead counsel to project finance company in securing sanctions against plaintiff and complete dismissal of plaintiff’s $40 million fraud claim.
  • Counsel to multinational telecommunications company sued by Charter Communications for indemnification of patent infringement judgment and settlement.

Recognition

Rankings & Honors

  • Ranked as a leading lawyer in New York for Litigation: Securities – Institutional Plaintiffs by Chambers USA. The 2023 edition notes that "He is a highly cerebral lawyer. He's very careful and thoughtful and also very good at strategy and identifying potential issues and weaknesses."
  • Recognized among Lawdragon's 500 Leading Plaintiff Financial Lawyers (2019-2023)
  • Recognized in New York by Super Lawyers, (2013, 2021-2022)

Media & Events

News

Articles

Publications

  • "Temporal Dynamics in Statutory Interpretation: Courts, Congress and the Canon of Constitutional Avoidance"
    64 U. Pitt L. Rev. 529, 2004
  • Note, "Public Citizens and the Constitution: Bridging the Gap Between Popular Sovereignty and Original Intent"
    69 Fordham L. Rev. 2201, 2002

Education

J.D., cum laude, Fordham University School of Law, 2002

  • Order of the Coif
  • Notes and articles editor, Fordham Law Review

B.S., cum laude, Business Administration, Boston University School of Management, 1993

Clerkships

  • Hon. Fred Parker, U.S. Court of Appeals, Second Circuit
  • Hon. Allyson Duncan, U.S. Court of Appeals, Fourth Circuit

Court Admissions

  • The State of New York
  • The District of Columbia
  • United States Supreme Court
  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. District Court for the Southern District of New York
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