I have been arguing in New York state and federal courts since the start of my career. This emboldens 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 them exactly what we can do for them, help them understand what litigation is going to look like and how we will maximize their chances for success, while preparing them for the fact that litigation always takes some unexpected turns. For that reason, I 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 recognize that the best outcome isn’t always the one that comes by litigating a case through judgment and try to help my clients resolve issues before they become larger, more expensive problems.
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 Jacob’s ability to analyze a case and determine how to reach the end goal, employing creative theories and legal arguments 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 has 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 both brought and defended software design and trade secret disputes. Jacob also has 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 or vacatur of rabbinical arbitration awards.
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 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.