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28 Liberty Street
41st Fl.
New York, New York 10005
D/212-238-8728

I have been arguing commercial cases 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 matters 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. 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.

Experience

  • Toptal, LLC v. WorkGenius, Inc., 2024 N.Y. Misc. LEXIS 1873 (N.Y. Co. Sup. Ct. Apr. 26, 2024) (in connection with ongoing arbitration against former employee for breach of noncompetition agreement, granting petition for discovery in aid of arbitration against former employee’s new employer).
  • Axos Bank v. 64-03 Realty LLC, 2024 U.S. Dist. LEXIS 61588 (E.D.N.Y. Apr. 3, 2024) (granting summary judgment enforcing commercial loan guaranty, dismissing affirmative defense of criminal usury under New York State law as preempted by the federal Home Owners Loan Act of 1933 (HOLA), and denying motion of the commercial borrower’s other judgment creditor to intervene in and dismiss the action).
  • Global Merchant Cash, Inc. v. Builder's Innovation Group, 2024 U.S. Dist. LEXIS 56586 (E.D.N.Y. Mar. 27, 2024) (granting merchant cash advance funder’s motion to remand collections action to state court as untimely where removal was filed more than 30 days after a copy of the first paper showing removability was filed on the state court docket); 2023 U.S. Dist. LEXIS 216449 (E.D.N.Y. Dec. 5, 2023) (magistrate’s report and recommendation).
  • BFG 104 LLC v. Greenwich Business Capital, LLC, 2024 N.Y. Slip Op. 30167(U) (N.Y. Co. Sup. Ct. Jan. 12, 2024) (clarification of preliminary injunction against merchant cash advance funder by its warehouse lender limiting lender’s collections rights to specific enumerated accounts listed in purchase and sale agreements and increase of bond from $1,000.00 to $500,000.00).
  • Global Merchant Cash, Inc. v. Mainland Insurance Agency Inc., 2024 N.Y. Slip Op. 30033(U) (N.Y. Co. Sup. Ct. Jan. 3, 2024) (granting merchant cash advance funder’s motion for summary judgment, dismissing usury and impossibility defenses, and awarding attorneys’ fees); 2022 N.Y. Misc. LEXIS 1473 (Kings Co. Sup. Ct. Apr. 7, 2022) (denying defendant’s motion to dismiss collections action on usury grounds).
  • SH575 Holdings LLC v. Richmond Stuyvesant Holdings, LLC, 2023 N.Y. Slip Op. 34525(U) (N.Y. Co. Sup. Ct. Dec. 22, 2023) (granting post-answer motion to dismiss of conversion and other claims against real estate investors who allegedly received plaintiff’s funds in a Ponzi scheme on law of the case grounds).
  • B N Textile Inc. v. Alhalabi, 2023 N.Y. Slip Op. 32335(U) (Kings Co. Sup. Ct. July 10, 2023) (granting motion for reargument and granting post-employment discovery of business transactions of a former employee of the plaintiff and his competing businesses in action for unfair competition and tortious interference with business advantage).
  • ABL Venture Capital, LLC v. Thinomenon, Inc., 2023 U.S. App. LEXIS 7799 (2d. Cir. Apr. 3, 2023), affirming 2022 U.S. Dist. LEXIS 20609 (E.D.N.Y. Feb. 4, 2022) (granting motion to dismiss breach of contract and misappropriation of trade secrets action with prejudice for failure to prosecute); 2020 U.S. Dist. LEXIS 223593 (E.D.N.Y. Nov. 26, 2020) (dismissing action against nonappearing defendant because plaintiffs failed to effectuate service or move for alternate service for more than six years); 2019 U.S. Dist. LEXIS 142295 (E.D.N.Y. Aug. 20, 2019) (magistrate’s report and recommendation).
  • GS Capital Partners, LLC v. FTE Networks, Inc., 2022 N.Y. Slip Op. 33965(U) (N.Y. Co. Sup. Ct. Nov. 18, 2022) (in action upon a convertible promissory note, granting a preliminary injunction requiring the defendant to grant first position mortgages upon properties in its portfolio to secure the note, notwithstanding Defendants’ potential usury defense).
  • AH Wines, Inc. v. C6 Capital Funding LLC, 2022 N.Y. Slip Op. 05437 (4th Dept. Sep. 30, 2022) (affirming summary judgment dismissing action to vacate judgment by confession on usury grounds because it is barred by 1-year statute of limitations); 199 A.D.3d 1328 (4th Dept. 2021) (reversing and vacating preliminary injunction order against merchant cash advance funder that had enjoined enforcement of a judgment by confession because the merchant failed to demonstrate irreparable harm by clear and convincing evidence); 2021 N.Y. Misc. LEXIS 7046 (Ontario Co. Sup. Ct. Jan. 18, 2022) (summary judgment decision dismissing action).
  • Spin Capital v. Tex. Medical Center Supply, LLC, 2022 N.Y. Misc. LEXIS 4555 (Ontario Co. Sup. Ct. Aug. 29, 2022) (granting summary judgment enforcing two merchant cash advance agreements and rejecting defendants’ affirmative defense of criminal usury).
  • WBL SPO I, LLC v. Done & Done Property Solutions, LLC, 2022 N.Y. Misc. LEXIS 4533 (Kings Co. Sup. Ct. Aug. 23, 2022) (granting reargument of motion for summary judgment in commercial foreclosure action and rejecting defendants’ standing and unconscionability defenses).
  • Axos Bank v. Michael Gangi Plumbing & Heating Contractors, 2022 N.Y. Slip Op. 32597(U) (Kings Co. Sup. Ct. July 29, 2022) (granting summary judgment in commercial foreclosure action and rejecting defendants affirmative defense of lack service of process and lack of consideration for mortgage); 2021 N.Y. Misc. LEXIS 3005 (Kings Co. Sup. Ct. May 28, 2021), motion to renew denied, 2021 N.Y. Misc. LEXIS 5163 (Kings Co. Sup. Ct. Sep. 15, 2021) (in a commercial foreclosure action, dismissing counterclaims for consumer fraud and fraud because the single shot transaction is not covered by New York’s consumer fraud statute and no material misrepresentations were alleged); Michael Plumbing & Heating Contractors, Inc. v. World Business Lenders, 2021 N.Y. Misc. LEXIS 3004 (Kings Co. Sup. Ct. May 28, 2021), motion to renew denied, 2021 N.Y. Misc. LEXIS 5165 (Kings Co. Sup. Ct. Sep. 13, 2021) (dismissing related third-party action).
  • NewCo Capital Group VI LLC v. TeleEscrow, Inc., 2022 N.Y. Misc. LEXIS 3734 (N.Y. Co. Sup. Ct. July 25, 2022) (granting motion for summary judgment in lieu of complaint enforcing $1.3 million settlement agreement).
  • CLG Servicing, LLC v. Yarrow Fin. & Fox Capital Group. Inc., 2022 N.Y. Misc. LEXIS 3736 (Westchester Co. Sup. Ct. July 11, 2022) (enforced full and final “open court” settlement stipulation in intracreditor dispute agreeing to divvy up a portion of the monthly receivables of debtor where more senior creditor contended the settlement was only a partial settlement that would allow it to continue suing junior creditor if debtor defaulted).
  • Global Merchant Cash, Inc. v. Craft Solutions., Inc., 2022 N.Y. Slip Op. 31341(U) (N.Y. Co. Sup. Ct. Apr. 22, 2022) (after striking defendant’s answer as discovery sanctions, granting default judgment of approximately $192,000 plus interest).
  • OT Aspekt & Chiropractic PLLC v. Fox Capital Group, Inc., 2021 N.Y. Misc. LEXIS 5171 (Queens Co. Sup. Ct. Oct. 18, 2021) (dismissing New York usury, fraud and consumer fraud claims against merchant cash advance funder because the MCA agreement is not a loan subject to usury statutes and consumer fraud statute does not apply to private contract disputes).
  • Estate of Kenney v. Jacobs, 2021 N.Y. Slip. Op. 06763 (1st Dept. 2021) (affirming decision granting estate’s motion for summary judgment in lieu of complaint enforcing promissory note and ruling alleged oral modification of not was precluded); 2020 N.Y. Slip Op. 33694(U) (N.Y. Co. Sup. Ct. Sep. 16, 2020) (trial court decision).
  • Axos Bank v. Lot Associates Franchise Corp., 2021 N.Y. Misc. LEXIS 5139 (Richmond Co. Sup. Ct. Oct. 12, 2021) (in a commercial foreclosure action, dismissing counterclaims, affirmative defenses and third-party claims against federal savings association for usury and violation of various consumer protection statutes on the grounds that usury claims are preempted by federal law and the other statutes do no apply to the subject business loan agreement); 2022 N.Y. Misc. LEXIS 1474 (Richmond Co. Sup. Ct. Apr. 22, 2022) (denying motion for renewal based on purported change in the law).
  • SH575 Holdings LLC v. Reliable Abstract Co. LLC, 195 A.D.3d 429 (1st Dept. 2021) (affirming dismissal of 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); 2020 N.Y. Slip Op. 31293(U) (N.Y. Co. Sup. Ct. Apr. 15, 2020) (dismissal decision).
  • Castleton Pharmacy Corp. v. Mead Johnson & Company LLC, 2021 N.Y. Misc. LEXIS 2636 (Richmond Co. Sup. Ct. March 29, 2021) (effectively limiting infant formula manufacturer’s counterclaim in alleged product diversion case to nominal damages).
  • Altair 18 Condo. v. 42 W. 18th St. Realty Corp., 190 A.D.3d 448 (1st Dept. 2021) (affirming summary judgment dismissing neighboring condominium’s claim for a prescriptive easement through the defendant’s parking lot, because there was no evidence the condominium used the lot in a hostile manner for ten years prior to defendant’s permission letter and because it was in common with the public); 2020 N.Y. Slip Op. 30026(U) (N.Y. Co. Sup. Ct. Jan. 6, 2020) (summary judgment decision); and 2021 N.Y. Misc. LEXIS 2671 (N.Y. Co. Sup. Ct. May 20, 2021) (awarding defendant $260,188.16 in attorneys’ fees and costs).
  • ABL Venture Capital, LLC v. Shmukler, 2020 U.S. Dist. LEXIS 223593 (E.D.N.Y. Nov. 26, 2020) (dismissing action against nonappearing defendant because plaintiffs failed to effectuate service or move for alternate service for more than six years); 2019 U.S. Dist. LEXIS 142295 (E.D.N.Y. Aug. 20, 2019) (magistrate’s report and recommendation).
  • Influx Capital LLC v. Pershin, 186 A.D.3d 1622 (2d Dept. 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).
  • TWE Group LLC v. Rosenberg, 2019 N.Y. Misc. LEXIS 19082 (Kings Co, Sup. Ct. Sep. 11, 2019) (granting motion for summary judgment in lieu of complaint on promissory note with award of attorneys’ fees).
  • Rex & Roberta Ling Living Trust v. B Communications 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).
  • Business 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 (2d 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. Sep. 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 love 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).

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