In September 2013, Super Lawyers named Justin Sher as a rising star in New York for business litigation. Only 2.5 percent of lawyers in New York are selected for this list. Read the profile here.
News and Links
On August 13, 2013, the U.S. District Court for the Southern District granted summary judgment in favor of Sher Tremonte’s client in a lawsuit seeking $25 million in damages. The case involved a product designer who accused Sher Tremonte’s client, a high-end cosmetics company based in New York and California, of stealing the designer’s concept for an airbrush-applied makeup system. The court dismissed all of the plaintiff’s nine causes of action, including claims of fraud, misappropriation of idea and unfair competition. The court was persuaded by Sher Tremonte’s arguments that the parties’ discussions on a blog did not constitute a binding agreement. Read the decision here and the news article here.
On July 31, 2013, in a case of first impression involving Internet commerce and personal privacy, the Court of Appeals for the Second Circuit granted the appeal filed and argued by Sher Tremonte and reversed the District Court’s grant of summary judgment for the defendant. The Second Circuit held that resellers of personal data contained in drivers’ records are required by the Drivers Privacy Protection Act to conduct a reasonable inquiry concerning a recipient’s permissible purpose before disclosing such information. The Second Circuit’s decision is likely to cause companies that sell personal data over the Internet to adopt new safeguards and represents an important victory for individual privacy. Read the decision here and the news article here.
On May 1, 2013, Justice Joan M. Kenney of New York County Supreme Court granted the motion to dismiss filed by Sher Tremonte on behalf of its clients, two former members of a limited liability company. The LLC , which operates a professional photography studio in the Chelsea area of Manhattan, sought over $1 million in damages from Sher Tremonte’s clients based on alleged breaches of fiduciary duty and conversion. Adopting Sher Tremonte’s lead argument that the claims were barred by a prior agreement, the court dismissed the claims in their entirety. Read the decision here.
On March 22, 2013, Judge Thomas P. Griesa of the U.S. District Court for the Southern District of New York denied a motion to dismiss filed by the defendants in Antares Management LLC v. Galt Global Capital, Inc. Sher Tremonte represents the plaintiff, a market research company and finder, which seeks to recover a $45.5 million finder’s fee from an investment advisor and two hedge funds set up to buy private shares of Facebook. The court held that each of plaintiff’s nine causes of action stated claims for relief. Read the decision here.
On September 24, 2012, Justice Kornreich of the Commercial Division of New York County Supreme Court, dismissed all legal claims brought against Sher Tremonte’s client in a dispute arising from an $11 million commercial lease. Adopting arguments presented by Sher Tremonte in its motion to dismiss, the court held that the plaintiff failed to state cognizable claims of fraud, fraudulent inducement and breach of the implied covenant of good faith and fair dealing.
On June 22, 2012, Sher Tremonte filed a lawsuit on behalf of its clients, a market research company and its principal, against a hedge fund and investment advisor over a proposed $341 million investment in a fund set up to buy private shares of Facebook. Sher Tremonte’s clients are suing to recover the finder’s fee they were allegedly promised for introducing the investor to the fund. Read the news article here.
On December 12, 2011, Sher Tremonte successfully obtained a temporary restraining order that froze 17 bank accounts across the United States in connection with an alleged international fraud and money laundering scheme. Sher Tremonte’s client, a company based in Dubai, lost over $1.2 million after fraudsters hacked into the company’s e-mail account, sent bogus invoices and directed the company to wire funds to bank accounts in Hong Kong, Taiwan, Singapore and the United States. The fraudsters then attempted to launder the money by purchasing used cars from dozens of different companies located throughout the United States. The case is proceeding in the Commercial Division of the New York Supreme Court.
On November 7, 2011, Justin M. Sher, the founder and Managing Partner of Sher LLP, and Michael Tremonte, formerly an Assistant U.S. Attorney in the Eastern District of New York and a partner at Cohen & Gresser LLP, opened the doors of their new firm, Sher Tremonte LLP. Sher Tremonte provides highly skilled representation to individuals and companies in complex civil litigation, internal investigations and white collar regulatory and criminal matters. Read the press release here.
On June 6, 2011, Judge Laura Taylor Swain of the United States District Court for the Southern District of New York granted judgment in favor of Justin Sher’s client, a Taiwanese entertainment company, on its claims of civil RICO and fraud against a booking agency headquartered in South Carolina. The court awarded treble damages and attorney’s fees. Read the news article here.