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Jason Halper is a member of the firm's Class Action and Derivative Litigation and Tech Groups. Mr. Halper has represented clients in various industries, including pharmaceutical, technology, consumer products, and money transfer companies. He is currently part of a litigation team defending a large, international pharmaceutical company in a putative securities fraud class action pending in the United States District Court for the District of New Jersey. In addition to defending securities fraud matters, Mr. Halper has litigated commercial contract disputes, breach of warranty cases involving business acquisitions, intellectual property license disputes, copyright and trademark infringement claims, shareholder derivative claims, corporate proxy contests, commercial real estate disputes, class action consumer fraud cases, 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:
- Won summary judgment in November 2009 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.
- 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. In October 2009, the court entered an order dismissing all of the plaintiff's claims. Agilysys, Inc., et al. v. Browne, et al., MID-C-106-09.
- Won a motion to dismiss in 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., 09-CV-0024 (JEI) (JS), 2009 WL 2835781 (D.N.J. Sept. 4, 2009).
- 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).
- Won summary judgment in 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).
- 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 New Jersey Super Lawyers magazine in 2008, 2009 and 2010.
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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
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Benjamin N. Cardozo School of Law
(J.D., 2001),
magna cum laude
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Columbia University
(B.A., 1997)
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New Jersey
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New York
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2002,
U.S. District Court, District of New Jersey
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2002,
U.S. District Court, Southern District of New York
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2005,
U.S. District Court, Eastern District of New York
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2005,
U.S. Court of Appeals, Third Circuit
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