Contact information

Contact

2 Wall Street
New York, New York 10005
D/212-238-8728

I have been arguing in New York state and federal courts since the start of my career, which emboldened me, gets me excited about taking on big and small cases and adversaries, and provides me a real world understanding of how judges decide cases. With clients, I can call it as I see it. I tell my clients exactly what we can do for them, help them understand what litigation is going to look like and how we are going to maximize their chances for success, while preparing them for the fact that litigation always has some unexpected turns. For that reason, I also keep clients in the loop and make them an active part of the evolving litigation strategy. Even though I’m a litigator at heart, I also know that the best outcome isn’t always the one that comes by litigating a case until judgment and try to help clients resolve issues before they become a larger, more expensive problem.

Businesses, non-profits, and individuals seek out Jacob Nemon in a broad range of matters involving complex commercial and civil litigation. Collaborating with a team of experienced attorneys, he aggressively litigates sophisticated and fast-paced commercial cases on behalf of both plaintiffs and defendants in state and federal courts, in multiple jurisdictions, at the trial level, in bankruptcy court, and on appeal. Clients value his ability to analyze a case and determine how to reach the end goal, coming up with creative legal arguments and theories to deliver the best results.

Jacob has and continues to actively represent merchant cash advance (MCA) companies and small business lenders in contentious litigations involving usury claims. He obtained injunctions against former salespersons soliciting customers and referral sources for competing businesses, prosecuted and defended actions on loans and to collect debts, brought commercial mortgage foreclosure actions, resolved partnership and shareholder disputes, worked on easement and noise disputes for commercial property owners, and software design disputes. Jacob has also prior experience with defense of putative class actions under the Securities and Exchange Act and the Fair and Accurate Credit Transaction Act, licensing disputes, employment litigation for employers and employees, disputes involving independent sales organizations (ISOs) in the credit card processing and MCA industries, religious corporate governance disputes, and confirmation of rabbinical arbitration award.

In the MCA space, Jacob has assisted his clients navigate the impact of a new and increasingly complex regulatory environment. Jacob keeps on top of new judicial decisions involving MCA transactions and the spate of recent litigations brought by government regulators against MCA companies. This enables him to to expertly advise his clients on revising their agreements, websites and advertising materials and shore up collections practices.

Through his professional legal experience, which includes extensive motion, appellate, and trial practice, Jacob has developed a thorough grasp of New York civil procedure and is regularly sought after by his colleagues for strategic advice and practice pointers.

In addition to his litigation practice, Jacob counsels clients regarding employment and independent contractor relationships, protecting confidential data and trade secrets, compliance with state usury laws, secured transaction issues under the Uniform Commercial Code, and streamlining collections practices in New York State and bankruptcy courts.

Experience

  • Influx Capital LLC v. Pershin, 2020 N.Y. Slip Op. 05191 (2nd Dept. Sep. 30, 2020) (affirming dismissal of claims against merchant cash advance industry actors for allegedly providing third-party litigation funding to the plaintiffs’ customers to sue the plaintiffs, competing MCA funders); 2019 N.Y. Misc. LEXIS 1779 (Kings Co. Sup. Ct. Apr. 9, 2019) (dismissal decision); and 2019 N.Y. Slip Op. 30574(U) (Kings Co. Sup. Ct. Feb. 25, 2019) (denying motion for preliminary injunction seeking to prevent litigation funding to plaintiff’s customers).
  • SH575 Holdings LLC v. Reliable Abstract Co. LLC, 2020 N.Y. Slip Op. 31293(U) (N.Y. Co. Sup. Ct. Apr. 15, 2020) (dismissing claims for conversion, fraudulent conveyance and unjust enrichment based on allegations that defendants received a refund of a deposit for real estate from the seller’s attorney’s IOLA account after transaction failed to close where attorney stole attorney IOLA funds from another buyer).
  • Smartboss Inc. v. Toptal LLC, 2020 N.Y. Misc. LEXIS 373 (N.Y. Co. Sup. Ct. Jan. 13, 2020) (dismissing New York action in favor of Delaware action because agreement provided exclusive forum in Delaware).
  • Altair 18 Condo. v. 42 W. 18th St. Realty Corp., 2020 N.Y. Slip Op. 30026(U) (N.Y. Co. Sup. Ct. Jan. 6, 2020) (granting summary judgment dismissing neighboring condominium’s claim for a prescriptive easement through the defendant’s parking lot, finding no evidence condominium used the lot in a hostile manner because it was in common with the public or for ten years prior to defendant’s permission letter).
  • ABL Venture Capital, LLC v. Shmukler, 2019 U.S. Dist. LEXIS 142295 (E.D.N.Y. Aug. 20, 2019) (dismissing action against nonappearing defendant because plaintiffs’ failure to effectuate service or move for alternate service for more than six years).
  • Rex & Roberta Ling Living Tr. v. B Communs. Ltd., 2019 U.S. Dist. LEXIS 52839 (S.D.N.Y. Mar. 28, 2019) (dismissing securities fraud claims against executives of Israeli dual-listed public company, which alleged certain other defendants leaked confidential information from an independent subcommittee of a subsidiary that was considering an acquisition, and that following the acquisition, certain other defendants manipulated the acquired entity’s financial results to cause the subsidiary to overpay); and 346 F. Supp. 3d 389 (S.D.N.Y. 2018) (granting in part a motion to dismiss claims against the parent corporation concerning statements made in its SEC disclosures).
  • J-Bar Reinforcement, Inc. v. Crest Hill Capital LLC, 169 A.D.3d 499 (1st Dept. 2019) (reversing decision granting summary judgment in favor of junior creditor because subordination agreement limited junior creditor’s right to demand or sue for payment while debt was still owed to senior creditor).
  • Richmond Capital Grp. LLC v. Megivern, 2018 N.Y. Slip Op. 33196(U) (Richmond Co. Sup. Ct. Nov. 28, 2018) (vacated confession of judgment entered by merchant cash advance company against a customer by demonstrating the MCA company’s fraud on the court).
  • Bus. Capital, LLC v. Lazar, 2018 N.Y. Slip Op. 31489(U) (N.Y. Co. Sup. Ct. July 3, 2018) (granting preliminary injunction against MCA broker’s former sales agents who opened competing company).
  • Reliable Abstract Co., LLC v. 45 John Lofts, LLC, 152 A.D.3d 429 (1st Dept. 2017) (affirming default judgment for $1.78 million where defendant failed to overcome the presumption of proper service or demonstrate a reasonable excuse for failing to appear when he had notice of action).
  • Second Source Funding, LLC v. Yellowstone Capital, LLC, 144 A.D.3d 445 (1st Dept. 2016) (reversing dismissal of MCA funder’s complaint for breach of confidentiality agreements by two former sales agents who allegedly misappropriated customer information in establishing a direct competitor).
  • Yorkson Legal Inc. v. Shapiro, 138 A.D.3d 563, 563 (1st Dept. 2016) (reversing decision that denied individual defendant’s motion to dismiss an action on law firm’s debt).
  • Congregation Ahavas Moische, Inc. v. Katzoff, 134 A.D.3d 933, 934 (2nd Dept. 2015) (dismissing appeal from order confirming arbitration award of religious corporation’s president’s control of corporation for three years since award had by then expired on its own terms).
  • Robinson Brog Leinwald Green Genovese & Gluck, P.C. v. Vaad L'Hafotzas Sichos, Inc., 2015 N.Y. Slip Op. 31837(U) (N.Y. Sup. Ct. September 29, 2015) (granting in part motion to dismiss action by law firm against its former clients for attorneys’ fees finding only two defendants had agreed to pay the fees).

Outside the Office

When not winning in the courtroom, I am traveling the world. I also enjoy biking around Brooklyn, hiking in upstate New York and skiing the Northeast. I won’t say no to dining out with clients or friends (especially when clients become friends).

News & Insights

View All