Practice Areas: Business Litigation, White Collar Crimes, Securities Litigation
Licensed in New York since: 2001
Education: New York University School of Law
Sher Tremonte LLP
90 Broad Street23rd Floor
New York, NY 10004 Phone: 212-202-2600 Email: Justin M. Sher Visit website
Details
Justin counsels clients in complex business disputes. A thoughtful and tenacious advocate, he has served as lead counsel in multiple trials and regularly represents clients in federal and state courts, and in domestic and international arbitrations.
Justin has achieved victories on behalf of both plaintiffs and defendants in a wide range of high-stakes matters, including cases involving contract disputes, allegations of fraud and securities fraud, business breakups, professional liability, breach of fiduciary duty claims, trust and estate issues, covenants not to compete, and disputes over intellectual property and trade secrets.
Justin also advises clients in regulatory and criminal investigations. He has successfully defended clients against allegations of insider trading, market manipulation, government corruption, accounting fraud, antitrust violations, and tax fraud.
Justin thrives on complex issues, taking a strategic approach to finding solutions where others have failed. Clients laud his creativity, credibility among judges and opposing counsel, and unflagging commitment to achieving superior outcomes on their behalf.
Before founding Sher Tremonte, Justin practiced at Davis Polk & Wardwell LLP and Kobre & Kim LLP, served as a Special Assistant District Attorney for the Kings County District Attorney’s Office, and, prior to law school, worked for the Financial Frauds Bureau of the New York County District Attorney’s Office.
First Admitted: 2001, New York
Professional Webpage: http://www.shertremonte.com/professionals/justin-m-sher/
- Member, White Collar Committee of New York State Bar Association, Federal and Commercial Litigation Section, 2007
- Member, New York American Inn of Court, 2007
- On July 31, 2013, in a case of first impression involving Internet commerce and personal privacy, the Court of Appeals for the Second Circuit granted the appeal filed and argued by Justin Sher of Sher Tremonte on behalf of its client and reversed the District Court’s grant of summary judgment. The Second Circuit held that resellers of personal data contained in drivers’ records are required by the Drivers Privacy Protection Act to conduct a reasonable inquiry concerning a recipient’s permissible purpose before disclosing such information. The Second Circuit’s decision is likely to cause companies who sell personal data over the Internet to adopt new safeguards and represents an important victory for individual privacy. Read more here., 2013
- On April 7, 2016, the Honorable Charles E. Ramos of the Commercial Division of New York County Supreme Court granted summary judgment in favor of Sher Tremonte’s clients, defendants in the lawsuit, Jonathan Lipton v. Michael Green and Ice Farm Advisors, L.P. The plaintiff, represented by Quinn Emanuel, alleged that Green had breached a partnership agreement by starting a hedge fund without Lipton and asserted claims of fraud, breach of contract and breach of fiduciary duty. The Court dismissed all of the plaintiff’s claims based on its core finding that no partnership agreement existed because the “parties were merely discussing an investment plan that was never launched.” , 2016
- On January 14, 2014, in Mitzvah, Inc., d/b/a Pisa Bros. Travel v. Pauline Power and Altour International, Inc., a Manhattan jury found in favor of Sher Tremonte’s clients, an international corporate travel firm and its director, who were sued for misappropriation of trade secrets, unfair competition and tortious interference. The plaintiff, a competing travel agency, alleged that Sher Tremonte’s clients had wrongfully taken client lists and had tampered with its email system for the purpose of diverting business. The jury found that the client lists were not trade secrets and decided in favor of defendants on all claims. Justice Shirley Werner Kornreich of the Commercial Division presided over the trial., 2014
- On August 13, 2013, the U.S. District Court for the Southern District granted summary judgment in favor of Sher Tremonte's client in a lawsuit seeking $25 million in damages. The case involved a product designer who accused Sher Tremonte's client, a high-end cosmetics company based in New York and California, of stealing the designer's concept for an airbrush-applied makeup system. The court dismissed all of the plaintiff's nine causes of action, including claims of fraud, misappropriation of idea and unfair competition. The court was persuaded by Sher Tremonte's arguments that the parties' discussions on a blog did not constitute a binding agreement., 2013
- On April 5, 2016, the United States Bankruptcy Court for the Southern District of New York approved a settlement according to which Lehman Brothers, Inc. agreed to recognize a debt of $10 million owed to Sher Tremonte’s client, Credencial Argentina S.A., a financial services firm based in Argentina. Credencial sued Lehman for withdrawing from a joint venture to finance a microlending business in South America. After Sher Tremonte overcame a motion to dismiss and took testimony from Lehman’s former executives and bankers, Lehman agreed to settle the claims for $10 million., 2016
- Ice Farm Advisors -- a start-up hedge fund. AmBase Corporation -- a public real estate investmetn firm. Credencial Argentina, S.A. -- an Argentine financial firm. Sustainable Pte. Ltd. -- a Singapore based investment advisory firm focused on the hotel, hospitality and real estae industries., 2016
- Temptu, Inc., 2012
- Altour International, Inc., 2011
- InMotion. Pro bono representation of victim of spousal abuse in child support proceedings., 2002
- Unemployment Action Center. Pro Bono representation of individuals seeking unemployment benefits., 1998
- New York Lawyers for the Public Interest. Pro bono representation of community activists in Harlem in connection with claim of environmental discrimination relating to placement of diesel bus depot by MTA., 2002
- Special Assistant District Attorney, Kings County District Attorney's Office, 2002
- Harvard College Scholar, Harvard College, 1993
- Robert McKay Scholar, NYU School of Law, 1998
- J.D. NYU School of Law, cum laude., 2000
- A.B. Harvard College, cum laude., 1996
- November 23, 2009 article on honest services fraud., Two Courts Decline to Limit the Reach of the Honest Services Theory of Fraud in Cases Involving Public Officials, Federal Criminal Practice Blog, 2009
- 2009 article on warrantless searches and seizures of American citizens living abroad. , Travel at Your Own Risk: The Government Does Not Need a Warrant When It Investigates American Citizens Abroad, ABA White Collar Crime Newsleletter, 2009
- May 19, 2009 article on conflict of interest in criminal case., SDNY Judge Disqualifies Lawyer for Potential Conflicts of Interest Despite Client's Waiver, Federal Criminal Practice Blog., 2009
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Selections
- Super Lawyers: 2014 - 2024
- Rising Stars: 2013