Second Circuit Court of Appeals Affirms Summary Judgment Dismissing Veil-Piercing Claim Under Delaware Law

March 2, 2018

Types : Press Releases

On February 28, 2018, the U.S. Court of Appeals for the Second Circuit affirmed the decision of the U.S. District Court for the Southern District of New York, in which the court ruled that neither of the two elements necessary under Delaware law to pierce the corporate veil were present. Montgomery McCracken partners Sidney S. Liebesman, David Dormont and Charles Palella and associate Michael C. Witsch successfully defended Theodore F. Schroeder against the claim brought by former co-founder of Skoop Media Associates, Brian S. Cohen, as part of an ongoing legal dispute involving the misappropriation of intellectual property underlying the popular social media platform Pinterest.

Plaintiff Brian S. Cohen had filed an appeal on April 28, 2017 from the district court’s ruling in Schroeder v. Cohen (C.A No. 15-cv-6881) granting summary judgment to Theodore F. Schroeder.  On appeal (Case No. 17-1301), the U.S. Court of Appeals for the Second Circuit, applying Delaware law under New York choice of law principles, found Cohen’s arguments to be without merit and concluded that no jury would find that there was any injustice or unfairness – a necessary element of a piercing the corporate veil claim.


Commercial Litigation

Montgomery McCracken’s Commercial Litigation Practice has a long and illustrious history. We handle a wide range of individual and corporate disputes involving virtually every area of personal and business endeavors […]

Learn more about our Commercial Litigation Practice


Montgomery McCracken’s Litigation Department offers a deep bench of skilled and experienced litigators whose practice areas encompass a broad array of industries and substantive legal disciplines.  Our clients include individuals, […]

Learn more about our Litigation Department

Intellectual Property

The attorneys in Montgomery McCracken’s Intellectual Property Department provide legal services in various aspects of intellectual property law. We are dedicated to assisting our clients in protecting, managing, and leveraging […]

Learn more about our Intellectual Property Department

1 of 3