Shapiro Arato Bach Wins Trial and Second Circuit Appeal in Breach of Contract Case for Technology Company
Partners Jonathan Bach and Eric Olney of Shapiro Arato Bach successfully represented HYPR Corp and its founder George Avetisov, prevailing at trial in the Southern District of New York and then on appeal before the Second Circuit. HYPR and Avetisov had been accused of breach of contract for having allegedly excluded a claimed “co-founder” from their new and growing technology company, which specializes in cybersecurity services. The district court rejected all of plaintiff’s claims as a matter of fact and law, 17 Civ. 7959 (GBD) (Sept. 29, 2020), and the Second Circuit affirmed. 20-3706 (2d Cir. Jan. 11, 2022). Both courts concluded that the claimed contract was not integrated and that the surrounding circumstances indicated that it was plaintiff, not defendants, who breached any viable contract.