Tobias B. Jacoby

Toby defends accounting and auditing firms in civil litigation, including purported class actions, and in regulatory investigations. He also represents clients in trust disputes and in a wide range of business disputes, including matters involving lender liability, real estate, securities, corporate governance, alleged fraud, breach of contract, IP licensing, and advertising. His pro bono work focuses primarily on appellate amicus briefs.

Among his more notable representations, Toby successfully represented Sirius XM in a patent infringement case brought by Fraunhofer-Gesellschaft, a Germany-based research organization, concerning the licensing of satellite communications technology. On March 24, 2026, after a bench trial, the U.S. District Court for the District of Delaware entered judgment in favor of Sirius XM based on the doctrine of equitable estoppel.

Toby successfully represented Deloitte LLP and Deloitte & Touche LLP in a purported class action asserting RICO, fraud, negligence, and unjust enrichment claims arising from the collapse of the Lebanese banking system. On June 10, 2025, the U.S. District Court for the District of New Jersey dismissed all claims against Deloitte LLP and Deloitte & Touche LLP, rejecting plaintiffs’ various vicarious liability theories.

Toby successfully represented Gamma Real Estate Capital in an appeal in a lender liability dispute involving a multibillion-dollar real estate development. On June 17, 2024, the U.S. Court of Appeals for the Second Circuit unanimously affirmed dismissal of fraudulent transfer claims asserted against Gamma and its affiliates because, among other things, appraisals of the collateral property were not plausible in light of other allegations in the complaint detailing the parties’ conduct and the plaintiffs’ inability to obtain refinancing.

Toby has successfully defended clients in a variety of other disputes, including: CPR Money LLC, a lender to real estate developers, in a tortious interference action seeking more than $100 million in damages; Globecomm Systems Inc. in an arbitration concerning a post-acquisition “earn out” payment; Perion Network Ltd., an Israeli company that had been sued for allegedly infringing trade secrets, trademarks, and copyrights relating to mobile phone advertisements; and PBM Products LLC in a landmark false advertising lawsuit against Mead Johnson concerning infant formula in which a jury found Mead Johnson liable for violating the Lanham Act and awarded PBM one of the largest verdicts that had ever been obtained in a Lanham Act advertising case.

Toby also represented Congregation Jeshuat Israel of Touro Synagogue in a highly publicized trial to resolve a property and trust dispute concerning the ownership of Colonial-era silver bells and the nation’s oldest synagogue building.