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Handal & Morofsky LLC v. Viatek Consumer Prods. Grp. Inc.

No Reason Found to Pierce Corporate Veil to Hold Firm Owner Liable for Unpaid Legal Bills

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Handal & Morofsky, LLC, Plaintiffv.Viatek Consumer Products Group, Inc., and Louis Lentine, Defendants

OPINION AND ORDER The law firm, Handal & Morofsky, LLC (“H&M”), represented Viatek Consumer Products Group, Inc. (“Viatek”) in four intellectual property cases. During the course of its representation, H&M sent Viatek multiple invoices that were allegedly not paid in full. H&M brings this suit alleging breach of contract, quantum meruit, account stated, and unjust enrichment. Plaintiff also asks that a constructive trust be established for the unjust enrichment claim.Viatek, which is owned and run by Louis Lentine (“Lentine”), has filed two counterclaims asserting it received below-standard representation from H&M. Lentine now moves to dismiss the Amended Complaint for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6).1 For the reasons set forth below, Lentine’s motion to dismiss is GRANTED.I. Background2Viatek sells a variety of consumer products. Amend. Compl. 20, Doc. 18. In June 2013, Radiancy, Inc. (“Radiancy”) sued Viatek in the Southern District of New York for infringing on its patent in a hair removal product. Id. 21. Viatek retained H&M to represent it in that action.3 Id. 22. Viatek and H&M came to an oral agreement on legal fees, including an advance fee that Viatek would pay to H&M. Id. 27. Subsequently on June 6, 2013, H&M sent a written retainer agreement to Viatek, but Viatek never returned the agreement and did not pay the advance fee it had orally agreed to pay. Id.

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