 |
Jason Halper is a member of the firm's Class Action and Derivative Litigation Group. Mr. Halper has represented clients in various industries, including pharmaceutical, technology, consumer products, and money transfer companies. Mr. Halper has defended numerous class action consumer fraud and securities fraud cases, and has also litigated commercial contract disputes, breach of warranty cases involving business acquisitions, intellectual property license disputes, copyright and trademark infringement claims, commercial real estate disputes, shareholder derivative claims, corporate proxy contests, and other types of business litigation. Mr. Halper has also acted as local counsel in several Hatch-Waxman patent infringement cases.
Mr. Halper has trial and appellate experience in the federal and state courts of New York, New Jersey and other jurisdictions, and also has extensive experience in arbitration hearings before the American Arbitration Association and JAMS. Some of his recent representative matters include:
Successful Defense of Utility Solutions Provider Accused of Misappropriating Software
Successfully moved to dismiss a claim of unjust enrichment against a leading utility solutions provider and a company that provides technical outsourcing solutions to clients. The plaintiff, a shareholder of a South Carolina corporation, alleged that the defendants intentionally misappropriated certain automatic meter reading software that was supposedly owned by the corporation. The United States District Court for the District of South Carolina granted the defendants' motion to dismiss given that the plaintiff's sole claim against the defendants for unjust enrichment was preempted by federal copyright law. Patz v. Utility Software of America, Inc., et al., 10-CV-1149-JMC, 2012 WL 443929 (D.S.C. Feb. 13, 2012).
Successful Opposition to Class Certification Against Owner of Residential Apartment Complex
Successfully opposed a motion for class certification brought by a former tenant of a residential apartment complex. The tenant challenged a $350 "lease break fee" charged to her after she breached her lease and prematurely vacated her apartment. The tenant sought class certification on behalf of all tenants that paid the $350 fee. The Superior Court of New Jersey, Morris County, denied the tenant's motion for class certification and the parties eventually entered into a stipulation dismissing all of the tenant's claims.
Successful Defense of Broker-Dealer in FINRA Arbitration
Won a pre-hearing motion to dismiss various claims asserted against a broker-dealer due to lack of arbitration eligibility. The claimants had sought to recover their alleged investment losses based on their investment in certain Class B mutual funds. The motion to dismiss was granted without any discovery or in-person hearings.
Successful Defense of $25 Million Claim Against Bank Accused of Fraud and Civil Conspiracy
Successfully moved to dismiss fraud and civil conspiracy claims asserted against a commercial bank that provided a "jumbo" mortgage loan to the purchasers of the plaintiff's former marital house. The plaintiff's complaint sought $25 million in damages. After the motion was fully briefed and argued, the plaintiff entered into a stipulation in which he withdrew all of his claims against the bank with prejudice, agreed to a general release in favor of the bank, and agreed to pay the bank a nominal dollar amount as consideration for the stipulation. Castro v. Thompson, et al., Index No. 115393-09 (N.Y. Supreme Court).
Successful Defense of Nationwide Commercial Title Search Company
Won summary judgment in the Superior Court of New Jersey, Morris County, on behalf of a nationwide commercial title search company and its secured lender. The action involved claims by an unsecured creditor and minority shareholder of the company for fraud, breach of fiduciary duty, breach of the implied covenant of good faith and fair dealing, and a claim under the New Jersey oppressed minority shareholder statute. The court granted the defendants' motion for summary judgment on all four claims in the complaint. Scott v. LandIt Technologies, Inc., MRS-L-2414-07.
Successful Defense of Value Added Reseller Accused of Breaching Non-Competition Agreement
Successfully defended a value added reseller of hardware and software products in a breach of contract action filed by way of an order to show cause in the Superior Court of New Jersey, Middlesex County. The plaintiff, a publicly-owned computer technology solutions company, filed two separate emergency applications for temporary restraining orders seeking to enjoin the defendants from selling software products or providing services to end-user customers. The court denied both TRO applications. The court ultimately entered an order dismissing all of the plaintiff's claims. Agilysys, Inc., et al. v. Browne, et al., MID-C-106-09.
Successful Defense of Mortgage Servicer Accused of Improper Foreclosure Practices
Won a motion to dismiss in the United States District Court for the District of New Jersey on behalf of a national mortgage servicing company. The case involved a putative class action accusing various defendants of charging and collecting allegedly improper and unauthorized fees in connection with the mortgage foreclosure process. All claims, including the plaintiff's claims for violation of the New Jersey Consumer Fraud Act and the New Jersey Fair Foreclosure Act, were dismissed on the papers before the court had to address the issue of class certification. Perkins v. Washington Mutual Bank, et al., 655 F. Supp. 2d 463 (D.N.J. 2009).
Trial Victory In New York Supreme Court
Won a non-jury trial in the New York Supreme Court, New York County, on behalf of a condominium owner in a dispute over an interpretation of a tenant's option to purchase. The tenant had brought suit seeking specific performance of a $1.7 million option to purchase, but the trial court ruled, among other things, that the tenant had failed to exercise the option in a timely manner. The judgment was unanimously affirmed by the Appellate Division, First Department. Kunze v. Arito, Inc., 851 N.Y.S.2d 182 (1st Dep't 2008).
Successful Declaratory Judgment Over Licensing Agreement
Won summary judgment in the United States District Court for the Southern District of New York on behalf a software developer in a dispute involving a licensee's untimely exercise of an option to extend a source code licensing agreement. The court granted summary judgment within two months of the filing of the complaint, without any discovery or expedited proceedings. FaceTime Communications, Inc. v. Reuters Ltd., 08-CV-4730 (CM), 2008 WL 2853389 (S.D.N.Y. July 22, 2008).
Successful Defense of National Mortgage Lender Against Predatory Lending Claims
Won a motion to dismiss on behalf a mortgage lender in the New York Supreme Court, Nassau County, in connection with a borrower's claims for predatory lending, fraud, and alleged violations of various federal statutes. The court granted the motion to dismiss on the papers. Sutherland v. Remax 2000, Index No. 22405-07, 2008 WL 3307201 (N.Y. Sup. Ct. Aug. 7, 2008).
Mr. Halper was named a "Rising Star" by Super Lawyers magazine in 2008-2011.
|
Lowenstein Sandler's election of Michael Hahn, Jason Halper, Scott Moss, Ethan Skerry and S. Jason Teele as Members of the firm is highlighted.,
New Jersey Law Journal, January 4, 2010
|
|
|
 |
Benjamin N. Cardozo School of Law
(J.D., 2001),
magna cum laude
|
|
Columbia University
(B.A., 1997)
|
|
New Jersey
|
|
New York
|
|
2002,
U.S. District Court, District of New Jersey
|
|
2002,
U.S. District Court, Southern District of New York
|
|
2005,
U.S. District Court, Eastern District of New York
|
|
2005,
U.S. Court of Appeals, Third Circuit
|
| |