Tobias B. Jacoby

Most recently, Toby successfully represented Gamma Real Estate Capital in an appeal in a lender liability dispute involving a multibillion-dollar real estate development. On June 17, 2024, the U.S. Court of Appeals for the Second Circuit unanimously affirmed dismissal of fraudulent transfer claims asserted against Gamma and its affiliates because, among other things, appraisals of the collateral property were not plausible in light of other allegations in the complaint detailing the parties’ conduct and the plaintiffs’ inability to obtain refinancing.

Toby successfully represented Sirius XM in a patent infringement case brought by Fraunhofer-Gesellschaft zur Förderung der Angewandten Forschung e.V., a Germany-based research organization, concerning the licensing of satellite communications technology. On July 10, 2023, the U.S. District Court for the District of Delaware granted summary judgment in Sirius XM’s favor. This victory was chosen as runner up for Litigator of the Week.

Toby successfully defended: CPR Money LLC, a lender to real estate developers, in a tortious interference action seeking more than $100 million in damages; Globecomm Systems Inc. in an arbitration concerning a post-acquisition “earn out” payment; and Perion Network Ltd., an Israeli company that had been sued in federal court for allegedly infringing trade secrets, trademarks and copyrights relating to mobile phone advertisements. 

Toby also represented Congregation Jeshuat Israel of Touro Synagogue in a highly-publicized trial to resolve a property and trust dispute concerning the ownership of Colonial-era silver bells and the nation’s oldest synagogue building.

Toby has played key roles in significant Lanham Act false advertising cases, including cases on behalf of The Procter & Gamble Co. and Neutrogena Corp. He represented PBM Products LLC in a landmark false advertising lawsuit against Mead Johnson, in which PBM challenged Mead Johnson’s claim that PBM’s store-brand infant formula is nutritionally deficient or inferior to Mead Johnson’s Enfamil brand formula. A jury found Mead Johnson liable for violating the Lanham Act and awarded PBM one of the largest verdicts that had ever been obtained in a Lanham Act advertising case.