Tobias B. Jacoby

Among his most notable representations, Toby and firm partner Michael J. Dell successfully defended CPR Money LLC, a lender to real estate developers, in a tortious interference action seeking more than $100 million in damages. Toby and firm partner Jonathan M. Wagner successfully defended Globecomm Systems Inc. in an arbitration concerning a post-acquisition “earn out” payment. At the arbitration hearing, Toby cross-examined the claimant’s accounting expert and also examined finance executives from the client and the acquired company. Toby successfully argued a motion to dismiss on behalf of 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. He also was a key member of the team representing Congregation Jeshuat Israel of Touro Synagogue in litigation to resolve a property and trust dispute concerning the ownership of colonial-era silver bells and the nation’s oldest synagogue building. In a much-publicized federal trial in that case, he examined the client’s treasurer on financial matters. And as a member of the defense team for Deloitte in litigation asserting fraud claims for more than $1 billion in damages, Toby examined witnesses at deposition, negotiated discovery from sophisticated banks and bondholders, and drafted successful summary judgment motions.

Toby has played key roles in significant Lanham Act false advertising cases, including cases on behalf of The Procter & Gamble Company and Neutrogena Corp. He represented PBM Products LLC as second-chair trial counsel 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 ever obtained in a Lanham Act advertising case.