David Jacoby

David Jacoby is a seasoned litigator with impressive diversity and depth of experience in navigating client disputes in a wide range of business industries. He has tried or argued cases in numerous state and federal trial and appellate courts, in private arbitrations and at the Iran-U.S. Claims Tribunal at The Hague.

A hands-on litigator who listens before he talks, he brings his knowledge of the law and the courts and his insight and creativity to bear in efficiently solving client problems.

His intellectual property-related work has included matters in the haute couture, motion picture, franchising, financial and software industries involving trademarks, anti-counterfeiting, copyrights, trade secrets, Internet issues and contract rights.

EDUCATION:

• Columbia Law School, J.D.
• Princeton University, A.B., cum laude

PROFESSIONAL EXPERIENCE:

• Schiff Hardin LLP
• Phillips Nizer LLP
• Fordham University School of Law, Adjunct Professor of Law in NY Practice and Gaming Law
• Hon. William H. Timbers, U.S. Second Circuit Court of Appeals (Law Clerk)

BAR ADMISSION : New York

MEMBERSHIPS:

• International Bar Association
  • Leisure Industries (Section Vice Chair)
  • Litigation Committee (Past Senior Vice Chair)
• New York State Bar Association (Past Member, House of Delegates)
• New York City Bar Association (Past Chair, Committee on Transportation)
• Horace Mann Alumni Council (President Emeritus)

Representative Experience:

Mr. Jacoby’s litigation experience spans 35 years. Here are just a few  representative examples of published opinions:

• Schlessinger v. Valspar Corp., 19 N.Y.3d 992 (2013) (finding plaintiffs had no standing to assert claims in putative class action under one General Business Law provision and stated no violation of another banning unfair and deceptive practices)
• Gianni Versace S.p.A. v. Alfredo Versace, 87 F. Supp.2d 281 (S.D.N.Y. 2000) (finding of contempt in trademark infringement case based on use of Internet) and 2005 U.S. Dist. LEXIS 925 (January 21, 2005) (granting permanent injunction)
• Commander Oil Corp. v. Barlo Equipment Corp., 215 F.3d 321 (2d Cir.), cert. denied, 531 U.S. 979 (2000) (novel issue related to lessee liability under federal Superfund statute)
• McGuire v. Switzer, 734 F. Supp. 99 (S.D.N.Y. 1990) (sustaining certain claims over failure of state Office of Vocational Rehabilitation tuition reimbursement caps to comply with federal requirement of individualized written rehabilitation plan)