Commercial Litigation Cases

Trade Secrets Protected
Data Device Corp. v. Aeroflex International, Inc., et al.

Supreme Court of New York, Suffolk County, Commercial Division
Index No.: 08-00454

Speyer & Perlberg represented the plaintiff.

The plaintiff and defendant are competitors in the aerospace engineering field. The plaintiff's engineers exclusively designed and developed a remote control device used inside of military tanks, which the plaintiff sold at a high profit to the United States government. The plaintiff alleged that several of its high level engineers and other employees left its employ and went to work for the defendant competitor, that they took confidential and proprietary designs and information from the plaintiff's offices, and that they intended to design and manufacture the same or a similar remote control product for the competitor. The plaintiff sued the defendants for misappropriation of trade secrets, conversion, and breach of various Confidentiality Agreements. Speyer & Perlberg drafted and submitted to the Court, a request for a Temporary Restraining Order ("TRO"), wherein it asked the Court to prevent the defendants from using the plaintiff's proprietary and confidential information. The Court granted the motion and issued a TRO, which led to an immediate, favorable settlement.

Successful Defense of Employment Contract Case
Harvey Fishbein v. Abraham Chaimovitz, Ira Bitner, Munchick Foods LLC, and Globex Kosher Foods, Inc.

Supreme Court of New York, Suffolk County: Commercial Division
Index No.: 20894-05

Speyer & Perlberg represented the defendants.The plaintiff sued the corporate defendants and Abraham Chaimovitz for breach of the parties' written contract and for violation of 191 and 198 of the Labor Law. The case arose out of a dispute concerning the plaintiff's compensation as a shareholder of a wholesale and retail fish selling business. The plaintiff alleged that the defendants failed to compensate him in accordance with the salary package set forth in the contract. The plaintiff also claimed that defendant, Ira Bitner, was liable for conversion because he allegedly took cash from envelopes containing portions of the plaintiff's income. After a two-day non-jury trial, the Court found that, based upon the evidence that Speyer & Perlberg presented on behalf of the defendants, the plaintiff failed to perform his end of the agreement and that, as a result, he did not establish his right to sue the defendants for breach of contract or under the Labor Law. See the Court's written Decision After Trial here

Defamation Case
Orlando Rodriguez v. E&S Wholesale Meats, Inc. & Evan Wexler

Civil Court of the City of New York: Bronx County
Index No.: CV-038293-09/BX

Speyer & Perlberg, in representing the defendants, obtained a dismissal of this case.The plaintiff sued the defendants for defamation and fraud. On behalf of the defendants, Speyer & Perlberg moved to dismiss the Complaint. The Court granted the motion and dismissed the Complaint on several grounds. First, the Court agreed that the lawsuit was time-barred because the plaintiff failed to sue within the applicable statute of limitations period. Additionally, the Court agreed that the plaintiff failed to adequately allege that the defendants defrauded the plaintiff. See the Order dismissing the lawsuit here.