In consolidated appeals taken by the New York Court of Appeals on certification from the 2d Circuit Court of Appeals, on July 1, 2014, New York's highest court ruled that the bankruptcy estates of defunct firms have no continuing property interest in "unfinished business" that their departing partners take with them to new firms. The decision, arising out of the Thelen LLP and Coudert Brothers LLP bankruptcies, put to rest the Trustees' multi-million dollar claims against those firms' former partners, and the former Coudert and Thelen partners' new firms, and settled previously unsettled New York law on the issue in favor of the former partners and their new firms. The District Courts in Thelen and Coudert had previously reached opposite conclusions on the issue, as have various courts around the country when faced with the same question. The decision is available online at https://www.nycourts.gov/ctapps/Decisions/2014/Jul14/136-137opn14-Decision.pdf.
Together with James Ulwick and Jean Lewis from Baltimore-based Kramon & Graham, MSF partner Jeffrey Schreiber, and associate Howard S. Davis, represented DLA Piper in the Coudert matter.
Attorneys Mentioned: Howard Davis, Jeffrey Schreiber
When Governor Chris Christie signed the New Jersey Trade Secrets Act into law last month, New Jersey became the 46th state to afford statutory protection to trade secrets, thereby providing trade secret owners in New Jersey with an important new tool to protect their rights.
Attorneys Mentioned: Jeffrey Schreiber, Jeffrey Weingart
MSF represents Draeger Safety Diagnostics, Inc., the manufacturer of the Alcotest® 7110, a sophisticated, microprocessor-based evidential breath testing instrument that is used around the world. New Jersey, and other United States jurisdictions, have chosen the Alcotest® to replace their aging and obsolete Breathalyzer® devices, which are based on fifty-year-old technology.
On March 17, 2008, the New Jersey Supreme Court became the first State high court in the United States to find such a device scientifically reliable, when it declared that the Alcotest® satisfied the rigorous tests for scientific reliability. In reaching its conclusion in State v. Chun, 194 N.J. 54, 943 A.2d 11, 2008 WL 695544 (March 17, 2008), the Court adopted virtually all the fact findings in the reports its Special Master issued after almost twenty weeks of hearings on the instrument's reliability. It also rejected the challenges to the device mounted by twenty defendants during the contentious and vigorously litigated hearings.
MSF partner, Jeffrey Schreiber, represented Draeger in connection with the hearings and argued the case for Draeger in the New Jersey Supreme Court in March 2007 and January 2008.
Attorneys Mentioned: Jeffrey Schreiber
MSF represented the plaintiff, Kas, in Kas Oriental Rugs, Inc. v. Ellman, 394 N.J. Super 278 (App. Div.), certif. denied, 192 N.J. 74 (2007), the first Appellate Division case construing the fee shifting provisions in the New Jersey Sales Representatives' Rights Act, NJSA 2A:61A-1 et seq (the "New Jersey Statute"). The case arose when Kas terminated Ellman, its New Jersey sales representative, and Ellman asserted various claims against Kas, including claims under the New Jersey Statute, contract and quantum meruit/unjust enrichment theories. As a result of MSF's arguments on appeal, instead of being liable for damages to its terminated representative Kas is entitled to recover the substantial attorney's fees and costs it incurred defending against the representative's claims.
Kas was represented throughout this matter by MSF partner Jeffrey Schreiber and Special Counsel Racquel Crespi Weintraub.
Attorneys Mentioned: Racquel Crespi Weintraub, Jeffrey Schreiber
Benjamin Fein, Stephen Meister, Mark Seelig, Matthew Kasindorf and Jeffrey Schreiber have been listed among the 2007 New York Super Lawyers.
"Super Lawyers are the top 5 percent of attorneys in each state, as chosen by their peers and through the independent research of Law & Politics. Law & Politics performs the polling, research and selection of Super Lawyers in a process designed to identify lawyers who have attained a high degree of peer recognition and professional achievement. Super Lawyers is a comprehensive and diverse guide to outstanding attorneys, representing a wide range of practice areas, firm sizes and geographic locations. Only 5 percent of the lawyers in each state or region are named Super Lawyers"
Attorneys Mentioned: Benjamin D. Fein, Matthew E. Kasindorf, Stephen B. Meister, Jeffrey Schreiber, Mark J. Seelig
In the wake of the settlement of its high profile copyright infringement lawsuit with the four major U.S. record companies, iMesh has now reached a music licensing deal with the record company SonyBMG. The deal allows iMesh to distribute to users SonyBMG content in a legal peer to peer ("P2P") environment. iMesh is one of the original P2P file trading sites and intends to soon launch a new application utilizing an innovative P2P platform that prevents users from exchanging unauthorized content. Jeffrey Kimmel and Jeffrey Schreiber at MSF represented iMesh in the copyright infringement lawsuit. Jeffrey Kimmel and Debora Stegich of MSF negotiated the SonyBMG license deal on behalf of iMesh.
Attorneys Mentioned: Jeffrey Schreiber