Jonathan L. Frank joined the Litigation Group at Skadden in 1999 after years as an executive assistant district attorney, special prosecutor and homicide prosecutor in Brooklyn, N.Y. As a prosecutor, Mr. Frank successfully tried numerous high-profile murder cases, receiving national recognition for his work.
Mr. Frank’s practice at Skadden is focused on a variety of complex commercial disputes, including real estate, bankruptcy and securities litigations, as well as related white collar criminal matters, emphasizing the creation and execution of litigation strategies and tactics; trial, international and U.S. arbitral proceedings; the assessment of claims; and settlement negotiations. He has acted as counsel in numerous high-profile business litigations.
Among the cases that he has tried while at Skadden, Mr. Frank was a member of the trial team that won a defendant’s verdict on all claims in favor of DaimlerChrysler AG against Tracinda Corporation, owned by Kirk Kerkorian. The trial in the U.S. District Court of Delaware involved securities fraud claims of more than $1 billion, making it the largest securities case ever tried in federal court. The National Law Journal awarded the team the “2005 Top Defense Win of the Year.”
In the fall of 2008, Mr. Frank parachuted in as part of the team hired two weeks before trial to defend Freedom Communications, following the court’s determination to instruct the jury that Freedom and its newspaper The Orange County Register had willfully destroyed relevant documents. The class action lawsuit, which alleged violations of California labor laws, threatened to put the Register out of business with the loss of hundreds of jobs. After eight weeks of trial, the matter was successfully settled, keeping the newspaper in business, with no admission of liability.
In 2009, Mr. Frank represented Deutsche Bank in its arbitration claims against General Electric Capital Corporation and obtained a successful settlement in the midst of the arbitral hearings.
In the international arbitration arena, Mr. Frank successfully represented Anglo Irish Bank in its arbitration against Peninsula Real Estate Fund I GP stemming from a real estate development partnership the bank funded. Following weeks of factual and expert testimony from more than two dozen witnesses, extensive post-hearing briefing, and a day of closing arguments, the tribunal awarded the bank removal of the general partner and denied the general partner’s claims for more than $75 million in damages. Mr. Frank also co-developed the litigation strategy, together with Irish counsel, that led to the Bank’s successful defense against related fraud claims brought in the Irish Commercial Court by a group of investors in the partnership.
Mr. Frank also successfully represented Christie’s Inc. in litigation, and he is currently acting on behalf of Nextera Energy & Resources, LLC, defending against a claimed fraudulent transfer being asserted on behalf of the Adelphia estate and its creditors in the U.S. District Court for the Southern District of New York.
In all, Mr. Frank has conducted more than 30 jury trials, briefed and argued more than 30 appeals, and directly supervised dozens more of each. He has been profiled in the New York Law Journal for his skills and persuasiveness, both as a trial lawyer and as an appellate advocate, including in the Law Journal’s special issue Top Cases of 2002.
Other representative clients have included:
- Anglo Irish Bank (international arbitration);
- Asset Alliance Corporation;
- Cendant Corporation;
- CEMEX, S.A. de C.V. (international arbitration);
- CIT Group Inc.;
- Citigroup Inc.;
- Credit Suisse;
- Christie’s Inc.;
- Crown Limited;
- Deloitte & Touche LLP;
- Deutsche Bank;
- Edward E. Matthews;
- Elektrim S.A. (international arbitration);
- Maurice R. Greenberg;
- Hasbro, Inc.;
- H.E. Mohammad Anwar Farid Al Saleh (brother-in-law of King Abdullah II of Jordan);
- Nextera Energy & Resources, LLC;
- Norfolk Southern Corporation;
- SG Cowen & Co., LLC;
- SkyTerra Communications;
- Stark Investments;
- Sterling Chemicals, Inc.; and
- Verizon Communications Inc.
J.D., Boston University School of Law, 1983
B.A., University of Wisconsin, Madison, 1979
“Electronic Discovery in International Arbitration (Revisited), AAA Handbook on International Arbitration Practice, 2010 (co-authored with Julie Bédard)