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Jonathan M. Wagner
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- Partner
- New York
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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.
Experience
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Represented a Special Litigation Committee of a Fortune 100 company.
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Represented independent directors of Patriot National in derivative litigation.
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Represented Ocwen Financial Corp. in securities and derivative litigation.
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Represented Third Avenue Management in securities and derivative litigation.
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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.
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Represented the boards of several public companies, including Globecomm, Aegean Marine and others, in challenges to merger transactions.
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Represented AmTrust and its affiliates in litigation arising from its acquisition of Tower Group Insurance.
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Defeated a challenge to Globecomm’s “say on pay” and related proxy disclosures.
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Represented Perion and Undertone, defeating a motion for a preliminary injunction seeking to bar Perion and Undertone from developing motion-activated mobile ads.
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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.
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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.
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Successfully defended advertising claims by Procter & Gamble for Tampax Pearl tampons in an action brought by Playtex Products.
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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.
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Defeated an attempt by TAP Pharmaceuticals to enjoin advertising for AstraZeneca’s NEXIUM.
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Successfully defended advertising for the Aleve analgesic against a Lanham Act challenge by the makers of Advil.
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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.
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Representing the ad hoc committee of consenting governmental claimants in the Purdue Pharma bankruptcy cases.
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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.
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Represented holders of $1 billion in certificates of participation in the Detroit municipal bankruptcy proceeding, trying the case on their behalf.
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Represented holders of $900 million in secured sewer warrants of Jefferson County, AL in the FGIC insurance rehabilitation proceeding.
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Represented a hedge fund in the Ambac insurance rehabilitation proceeding.
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Represented BlackRock in post-closing earn out disputes.
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Represented Del Monte Pacific in litigation and arbitration concerning supply contract and related disputes.
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Represented and obtained summary judgment on behalf of Beyoncé Knowles in a breach of contract suit.
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Represented a board member and former chief financial officer of Dow Chemical in a well-publicized, highly contentious litigation concerning his departure from Dow.
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Represented several hedge funds, including at trial, in distressed debt litigation.
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Represented the late columnist Sidney Zion in litigation against The New York Post.
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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
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J.D., Columbia Law School, 1983 -
Editor, Columbia Law Review, 1982-1983
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Harlan Fiske Stone Scholar, 1980-1983
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Recipient, Whitney North Seymour Medal
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B.A., with high honors, Haverford College, 1980 - Phi Beta Kappa
Bar Admissions
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New York, 1984
Clerkships
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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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