Overview

Robert Scheef is Co-chair of McKool Smith’s Financial Litigation practice and focuses on complex financial and business disputes. He has successfully litigated against major Wall Street banks, the Securities & Exchange Commission, and the New York Attorney General. Robert is ranked as a leading lawyer in New York for Litigation: Securities – Institutional Plaintiff by Chambers USA. The 2018 edition notes that "he's an excellent lawyer and very technically accomplished. When you need a judgment call or a point of law explained, he's great." Rob was also recently named one of Lawdragon's "500 Leading Plaintiff Financial Lawyers."

Robert has more than 15 years of experience prosecuting and defending against claims for breach of contract, fiduciary duty, business torts, fraud and violations of state and federal securities and consumer protection laws on behalf of institutional investors, major corporations, and high-net worth individuals.  He has represented clients in state and federal courts around the country, including in Delaware, Louisiana, California, Georgia, Massachusetts, North Carolina and, of course, New York. 

Robert’s financial litigation experience includes residential and commercial mortgage-backed securities, CDOs, bond insurance, credit default swaps, indenture bonds and complex option portfolios.  Since joining McKool Smith, he has helped investors recover more than $1 billion in losses. 

Experience

Representative Matters

  • Lead counsel for RMBS trustees in more than a dozen actions for breach of representations and warranties concerning billions of dollars in mortgage loans by Citigroup, JPMorgan Chase, Nomura, WMC Mortgage, Merrill Lynch and Bank of America.
  • Lead counsel for Lehman Brothers against mortgage loan servicers for violations of contractual servicing obligations regarding a whole loan portfolio.
  • Counsel for investors in Article 77 proceedings concerning the proper distribution of multi-billion dollar settlements of RMBS-related claims against Countrywide, Bank of America, and JPMorgan.
  • Lead counsel for a group of investors challenging the SEC’s proposed Fair Fund distribution plan stemming from a $74 million settlement with JPMorgan Chase.

Recognition

Rankings & Honors

  • Ranked as a leading lawyer in New York for Litigation: Securities – Institutional Plaintiffs by Chambers USA. The 2022 edition notes that "He takes an incredibly thoughtful and strategic approach to litigation. He's also client-focused and collaborative in every aspect of his practice." "He always finds the right angle of attack and knows the law better than anyone." (2018-2021)
  • Recognized among Lawdragon's 500 Leading Plaintiff Financial Lawyers (2019-2022)
  • Recognized in New York by Super Lawyers, (2013, 2021-2022)

Media & Events

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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