Read Full Summary Tikhman believed Usach's representations regarding the Earnout figures for 2005 and 2006, and did not seek to independently corroborate Usach's representations. Under New York law, the parties' choice of law is enforced.
at 475-76 (citing Ashcroft v. Iqbal, 556 U.S. 662 (2009)). Tikhman is a sophisticated businessman. . GOL § 5-1401(1) reflects New York public policy, consistent with New York's status as an international financial center, in favor of providing a stable body of law that sophisticated international parties may designate to structure their transactions and resolve their disputes. For the following reasons, both motions are granted in full. On May 23, 2007, in Zurich, Switzerland, Usach and Tikhman entered into a written agreement ("the May 2007 Agreement") regarding the cash portion of Tikhman's share of the Aricent deal.
Please verify address for mailing or other purposes. As a preliminary matter, the parties dispute whether New York or California law governs interpretation of the May 2007 Agreement, and thus the validity, scope, and interpretation of the May 2007 Release. P... Information without innovation is just data, Anatoly Tikhman’s role in Monclarity is President & Chief Executive Officer & Co-Founder, Anatoly Tikhman’s email address is a***@monclarity.com, Anatoly Tikhman’s business email address is a***@monclarity.com, Anatoly Tikhman’s direct phone number is (713) ***-****, Anatoly Tikhman’s latest job experience is Chief Executive Officer at TikGames, Anatoly Tikhman’s latest education in Master's degree - Computer Science and Applied Mathematics at Moscow University. Tikhman principally makes three arguments why the May 2007 Release should not bar these counter claims. For agreements governing transactions worth more than $250,000, the parties' New York choice of law clause is enforceable "even if, under a traditional choice of law analysis, the application of the chosen law would violate a fundamental public policy of another, more interested jurisdiction." See Centro Empresario, 17 N.Y.3d at 278 ("A sophisticated principal is able to release its fiduciary from claims — at least where, as here, the fiduciary relationship is no longer one of unquestioning trust — so long as the principal understands that the fiduciary is acting in its own interest and the release is knowingly entered into[. Tikhman has removed both New York actions to federal court. On January 31, Brainblue brought a similar suit against Tikhman in New York state court ("the Brainblue action").

2000). Counter defendant Brainblue, Inc. ("Brainblue") moves to dismiss both counter claims asserted in Tikhman's First Amended Answer and Counter claims ("FACC"). See more information about Anatoly Tikhman, Based on the quality and frequency of confirmatory data points, this metric represents the likelihood that a contact is employed where we say they are and that it is possible to reach them via email, Anatoly Tikhman President & CEO, Co-Founder Anatoly has more than 20 years of high-tech industry experience developing and marketing innovative so, "This is the meditation app for people who don't practice meditation or find the whole idea intimidating," said Monclarity CEO and Founder Anatoly Tik, Mindwell Meditation App Launches, Empowering Anyone to Master Their Mood, https://www.businesswire.com/news/home/20190620005085/en/Mindwell-Meditation-App-Launches-Empowering-Master-Mood/, Mindwell Meditation App Launches, Empowering Anyone to Master Their Mood - Mindwell, https://www.mindwell.live/press/mindwell-meditation-app-launches-empowering-anyone-to-master-their-mood/. It is apparent from the allegations in the SACC and the FACC that by at least January 2007, Tikhman had grounds to mistrust Usach. Tikhman thought that the size of the Earnout payments was "disappointing" and he asked Usach why the payments were "less than [he] had hoped for at the time [he] negotiated the deal." United States District Court, S.D. Additionally, "Tikhman liberally extended credit" to Usach. Stephen Eric Tisman , James Frederick Parver , Margolis & Tisman, LLP, New York, NY, for Plaintiff and Counter defendant Oleksandr Usach. (citation omitted); see also Interpharm, 655 F.3d at 142.