• Jonathan M. Wagner is an accomplished and versatile trial lawyer who handles a diverse range of cases; in particular, securities, corporate control, unfair competition and bankruptcy-related litigation. A formidable advocate for clients in and outside the courtroom, Jonathan has tried more than 35 cases in a variety of venues across the country — in federal and state court, in bankruptcy court and in arbitration.

    In securities and corporate control disputes, Jonathan represents public and private companies, and their officers and directors, in high-profile, complex securities cases, including securities fraud class actions and shareholder derivative cases, special committee investigations, breach of fiduciary claims, and a complete range of contract and business tort claims.

    Along with his colleagues at Kramer Levin, Jonathan has spent more than 25 years litigating some of the most significant Lanham Act false advertising cases ever for global companies, including Procter & Gamble Co., Johnson & Johnson Consumer Companies and AstraZeneca, as well as for small and midsized software firms, consumer products companies and retailers.

    In the city of Detroit bankruptcy, the most significant municipal bankruptcy proceeding ever, Jonathan led the Kramer Levin litigation team representing holders of $1 billion in certificates of participation (COPs). The COP holders were the last major party in the proceeding to settle, and Jonathan tried their case up until the final day of trial. In addition to the Detroit proceeding and other matters he has tried in bankruptcy court, Jonathan has also represented claimants in several major insurance rehabilitation proceedings.

    Jonathan actively participates in pro bono matters, serving on the boards of several nonprofit organizations and handling their legal matters, including litigation. He has represented Congregation Jeshuat Israel of Touro Synagogue, the oldest synagogue building in the United States, in litigation in federal court concerning ownership of a rare set of colonial-era religious objects.

    Experience

    • Represented a Special Litigation Committee of a Fortune 100 company.

    • Represented independent directors of Patriot National in derivative litigation.

    • Represented Ocwen Financial Corp. in securities and derivative litigation.

    • Represented Third Avenue Management in securities and derivative litigation.

    • Represented Vishay Intertechnology in litigation concerning its tender offer for the public shares of Siliconix Inc., defeating a preliminary injunction motion seeking to halt the transaction and ultimately obtaining dismissal of all shareholder suits challenging the transaction.

    • Represented the boards of several public companies, including Globecomm, Aegean Marine and others, in challenges to merger transactions.

    • Represented AmTrust and its affiliates in litigation arising from its acquisition of Tower Group Insurance.

    • Defeated a challenge to Globecomm’s “say on pay” and related proxy disclosures.

    • Represented Perion and Undertone, defeating a motion for a preliminary injunction seeking to bar Perion and Undertone from developing motion-activated mobile ads.

    • Represented PBM Products, manufacturer of store-brand infant formula, securing one of the largest false advertising jury verdicts ever, against Mead Johnson for falsely claiming that its Enfamil infant formula provided superior nutrition compared with store-brand infant formula manufactured by PBM.

    • Represented Neutrogena, obtaining an injunction against Schering-Plough requiring the company to discontinue advertising for Coppertone Sport products and defeating Schering-Plough’s claims against Neutrogena.

    • Successfully defended advertising claims by Procter & Gamble for Tampax Pearl tampons in an action brought by Playtex Products.

    • Represented Procter & Gamble, obtaining a jury verdict dismissing a complaint by Colgate-Palmolive that advertising claims comparing Crest Whitestrips tooth-bleaching product with Colgate’s Simply White product were false.

    • Defeated an attempt by TAP Pharmaceuticals to enjoin advertising for AstraZeneca’s NEXIUM.

    • Successfully defended advertising for the Aleve analgesic against a Lanham Act challenge by the makers of Advil.

    • Prevailed at trial on behalf of AstraZeneca against Eli Lilly in the first Lanham Act case dealing entirely with detailing by sales representatives for pharmaceutical products, in a case involving Eli Lilly’s EVISTA.

    • Representing the ad hoc committee of consenting governmental claimants in the Purdue Pharma bankruptcy cases. 

    • Representing the Official Committee of Unsecured Creditors of The Hertz Corporation. Represented the Official Committee of Unsecured Creditors of California Pizza Kitchen and of Ruby Tuesday. 

    • Represented holders of $1 billion in certificates of participation in the Detroit municipal bankruptcy proceeding, trying the case on their behalf.

    • Represented holders of $900 million in secured sewer warrants of Jefferson County, AL in the FGIC insurance rehabilitation proceeding.

    • Represented a hedge fund in the Ambac insurance rehabilitation proceeding.

    • Represented BlackRock in post-closing earn out disputes.

    • Represented Del Monte Pacific in litigation and arbitration concerning supply contract and related disputes.

    • Represented and obtained summary judgment on behalf of Beyoncé Knowles in a breach of contract suit.

    • Represented a board member and former chief financial officer of Dow Chemical in a well-publicized, highly contentious litigation concerning his departure from Dow.

    • Represented several hedge funds, including at trial, in distressed debt litigation.

    • Represented the late columnist Sidney Zion in litigation against The New York Post.

    • Prevailed at trial in a suit against the 1960s group The Rascals in a breach of contract suit brought by their former counsel.

    Credentials

    Education

    • J.D., Columbia Law School, 1983
      • Editor, Columbia Law Review, 1982-1983
      • Harlan Fiske Stone Scholar, 1980-1983
      • Recipient, Whitney North Seymour Medal
    • B.A., with high honors, Haverford College, 1980
      • Phi Beta Kappa

    Bar Admissions

    • New York, 1984

    Clerkships

    • Honorable Charles P. Sifton, U.S.D.C., Eastern District of New York, 1983 - 1984

    Court Admissions

    • U.S. Supreme Court
    • U.S.C.A., 1st Circuit
    • U.S.C.A., 2nd Circuit
    • U.S.C.A., 4th Circuit
    • U.S.C.A., 9th Circuit
    • U.S.D.C., Eastern District of New York
    • U.S.D.C., Southern District of New York
    • U.S.D.C., Western District of New York
    • U.S.D.C., Eastern District of Michigan

    Professional Affiliations

    • New York City Bar Association, Member, Committee on Trademark and Unfair Competition, 1997-2000
    • American Bar Association
    • Fellow, American Bar Foundation
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