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Jonathan Evan Goldberg’s BIO

Jonathan Evan Goldberg

Jonathan Evan Goldberg is a member of SNR Denton’s Litigation and Arbitration practice, where he focuses on all aspects of complex commercial litigation, employment law and litigation, and ERISA litigation.

Jonathan, an experienced trial lawyer and frequent public speaker, has successfully represented numerous clients in federal and state courts throughout the United States in matters involving claims of retaliation, discrimination, wrongful termination, fraud, breach of fiduciary duty and breach of contract. Jonathan also routinely represents corporations and individuals in trade secrets and restrictive covenant litigation, assists clients in understanding and addressing the various legal issues raised in connection with the failure of Bernard L. Madoff Securities, Inc., and has defended corporate and individual clients in connection with investigations by the US Department of Labor (DOL) and the US Department of Justice (DOJ), Antitrust Division.

Jonathan also concentrates on and advises clients with respect to the following:
Advancement and indemnification proceedings
Civil RICO litigation
Whistleblower litigation
Defamation litigation
Executive compensation litigation and arbitration
International litigation and arbitration
Antitrust litigation and arbitration
Products liability litigation
Environmental and toxic tort litigation

Prior to joining SNR Denton, Jonathan gained significant litigation and trial experience working at several major law firms, where he focused at varying times on complex commercial litigation, employment litigation, ERISA litigation, antitrust litigation, products liability litigation, environmental litigation, securities litigation, general commercial litigation, and international litigation and arbitration.

Between 1996 and 1998, Jonathan served as a federal law clerk for the Honorable Harvey E. Schlesinger, US District Court for the Middle District of Florida, Jacksonville, Florida.-Jonathan is also a trained and skilled mediator.

Representative Experience
Jury Trials—Lead Trial Counsel
Riscili v. Gibson Guitar Corp., 06 Civ. 7596 (S.D.N.Y.) (in November 2009, won four-day jury trial on behalf of defendant in case involving claim for retaliatory termination).
Ruffin v. Fuller, 99 Civ. 1679 (S.D.N.Y.) (in December 2000, obtained a new trial pursuant to Rule 59(d) of the Federal Rules of Civil Procedure on behalf of plaintiff and settled case on favorable terms) (opinion granting a new trial reported at Ruffin v. Fuller, 125 F. Supp. 2d 105 (S.D.N.Y 2000); opinion considering new trial reported at Ruffin v. Fuller, 2000 WL 1480486 (S.D.N.Y., Oct. 5, 2000).
Additional Representative Matters
Defeated plaintiff’s application seeking preliminary injunctive relief to prevent enforcement of three-year non-compete restrictive covenant preventing plaintiff from competing against the defendants throughout the US.
Obtained a significant monetary settlement on behalf of former high-level executive/board member/major shareholder who brought various claims in arbitration against his former employer and federal securities law and state law claims in federal court in connection with a proxy fight.
Obtained a significant monetary recoupment for one of the world’s largest multiple employer pension plans (the “plan”) in connection with a US DOL investigation concerning potential violations of ERISA and the prosecution by the plan and its named fiduciaries of multimillion-dollar ERISA litigation against the plan’s former plan administrator and others alleging that they had engaged in prohibited transactions and charged the plan excessive and illegal fees in violation of ERISA.
Served as monitoring counsel for insurance carrier in connection with federal litigation brought in the US District Court for the District of Montana by ESOP participants against officers and directors of company alleging, among other things, breach of fiduciary duties under ERISA.
Represented property owners in litigation involving contract for sale of multimillion-dollar property and claims for breach of fiduciary duties and fraudulent inducement.
Between 2002 and the conclusion of the matter in 2003, served as primary brief writer for plaintiffs in Abernathy, et al. v. Monsanto, et al., a consolidated state court action brought on behalf of 3,500 Alabama residents for property damage and personal injuries in connection with defendants’ decades-long PCB contamination. The case settled with a federal action for an amount constituting the then-largest toxic tort settlement in US history.
Prosecuted multimillion-dollar arbitration on behalf of corporate clients against various domestic and foreign corporations in connection with global antitrust price-fixing conspiracy.
Prosecuted litigation in New York State Court, Commercial Division, on behalf of investment advisor against Austrian investment bank in connection with fraudulently induced purchase of securities.
Defended corporate clients in consolidated products liability actions brought against more than 80 defendants in which plaintiff hospital workers claimed overexposure to chemical products used to sterilize medical equipment.
Defended multinational corporation in more than 60 federal and state civil antitrust price-fixing actions.
Defended corporation in connection with DOJ grand jury investigation, leading to the termination of the investigation without indictment.

Honors and Awards
NY1 New Yorker of the Week, May 23, 2008
Legal Aid Society Outstanding Pro Bono Service Award, 2000 and 1999

Organizations
Cherub Improv
President
Chairman of the Board of Directors
Co-founder
The America-Israel Cultural Foundation (AICF)
Assistant Secretary
Member, Board of Directors
Friends House
President
President of the Board of Directors
Gilda’s Club
Member, Board of Directors
Litigation Advisory Board, Strafford Publications
Trained mediator, Safe Horizon
Actor, writer, Storahtelling

Publications
Co-author, “Specific Corporate Compliance Challenges by Practice Area: ERISA,” chapter in Corporate Compliance Practice Guide: The Next Generation of Compliance, Lexis 2009
Co-author, “International Law Firm Network,” chapter 3 in International Corporate Practice: A Strategic Plan for Success, Cross Border Versus Global Choice, Civil Versus Common Law Jurisdiction, Practising Law Institute, 2008
Editing assistant on Schlesinger, et al., Federal Civil Procedure Before Trial, 11th Circuit, Lawyers Cooperative federal practice guide, 1998
Reporter on Rules 704 and 705 in The Evidence Project: Proposed Revisions to the Federal Rules of Evidence, 171 F.R.D. 330, 1997
Co-author, “Non-domestic Awards And The New York Convention,” New York Law Journal, July 29, 1996
Co-author, “Dismissal Under The Doctrine Of Forum Non Conveniens,” New York Law Journal, May 31, 1996
Co-author, “Letter Of Credit Disputes,” New York Law Journal, March 29, 1996
Co-author, “The Alien Tort Claims Act,” New York Law Journal, December 29, 1995
Co-author, “Gulf War Claims Against Iraq,” New York Law Journal, November 29, 1995
Co-author, “Defenses to Payment of Foreign Debt,” New York Law Journal, October 31, 1995
Author, “Now That The Future Has Arrived, Maybe The Law Should Take A Look: Multimedia Technology And Its Interaction With The Fair Use Doctrine,” 44 AM. U. L. REV. 919, 1995

Presentations
Faculty, “New Federal Courts Jurisdiction and Venue Clarification Act: Navigating Significant Changes to Jurisdiction and General Removal Procedures,” Strafford Webinar/Teleconference, May 22, 2012
Faculty, “Expert Witnesses: Attorney-Client Privilege and Work Product Protection,” Strafford Webinar/Teleconference, April 18, 2012
Faculty, “New Federal Courts Jurisdiction and Venue Clarification Act: Navigating Significant Changes to Jurisdiction and General Removal Procedures,” Strafford Webinar/Teleconference, March 28, 2012
Faculty, “Daubert Standards for Expert Witness Testimony: Effective Strategies for Bringing and Defending Daubert Challenges,” Strafford Webinar/Teleconference, January 18, 2012
Faculty, “Diversity Jurisdiction and Removal to Federal Court: Applying the Supreme Court’s Nerve Center Test to Complex Corporate Structures and Navigating Nuances of Removal,” Strafford Webinar/Teleconference, September 27, 2011
Faculty, “Best Practices for Discovery Related to Government Investigations,” E-discovery & Social Media: Winning Techniques, Rossdale Group Teleconference, July 13, 2011
Faculty, “Attorney—Client Privilege Challenges With Social Media and E-Communications: Effective Strategies for Preserving the Privilege and Maintaining Confidentiality,” Strafford Webinar/Teleconference, July 7, 2011
Faculty, “Expert Witnesses: Attorney Client Privilege and Work-Product Protection,” Strafford Webinar/Teleconference, June 2, 2011
Faculty, “Proportionality in E-Discovery/Emerging Strategies: Leveraging Proportionality Tools to Reduce E-Discovery Abuses and Expenses,” Strafford Webinar/Teleconference, May 11, 2011
Faculty, “Daubert Standards for Expert Witness Testimony: Effective Strategies for Bringing and Defending Daubert Challenges,” Strafford Webinar/Teleconference, January 25, 2011
Panelist, “Maximizing Your Networking Efforts,” New York City Bar Association, November 15, 2010
Faculty, “Expert Witnesses: Leveraging New Rule 26 Amendments—Preserving Work Product Immunity for Expert Opinions and Reports,” Strafford Webinar/Teleconference, November 10, 2010
Faculty, “Expert Witnesses: Leveraging New Rule 26 Amendments—Preserving Work Product Immunity for Expert Opinions and Reports,” Strafford Webinar/Teleconference, September 28, 2010
Faculty, “Skills Training—Closing Arguments,” Seyfarth Shaw Video Conference, June 1, 2010
Faculty, “Preliminary Injunctions and TROs in Commercial Litigation: Strategies to Obtain or Oppose Emergency Motions,” Strafford Webinar/Teleconference, April 1, 2010
Faculty, “ERISA Fiduciary Liability Insurance: Limiting Exposure for Breach of Duty Claims Negotiating the Policy, Overcoming Coverage Challenges, and Responding to Enforcement and Litigation,” Strafford Webinar/Teleconference, December 22, 2009
Panelist, “International Law Firm Network,” during International Corporate Practice: Ethical and Legal Considerations, The Penn Club, January 31, 2008
Hundreds of improv comedy performances for senior citizens, veterans, adults and children living with cancer, hospital patients and various other communities.

More information about Jonathan Evan Goldberg can be found here:

http://www.cherubimprov.org

IN THE SPOTLIGHT INTERVIEW

1. Please share with us what prompted you to create Cherub Improv?

Jonathan: It arose out of a desire to combine two of my primary interests: performing improv comedy and community service. It was actually a “time management” suggestion from my father, Ed Goldberg, who observed that I was separately performing and doing volunteer work. I thought the idea to combine the two was terrific and, when I discovered that no organization existed that would enable me to combine the two I started the group with two friends I met in improv class, Joy Copeland Purver and Steve Van Ooteghem.

 

2. There is no typical day in the life of an entrepreneur. Please share with us a sample of your day, start to finish.

Jonathan: After early morning coffee, breakfast, and some exercise, I attend to various emails and projects for my job — as a partner in the global law firm, SNR Denton (snrdenton.com) — as well as other matters, including for Cherub Improv (www.cherubimprov.org). Most of the daytime hours are spent attending to legal matters for my clients and the law firm, including court appearances, conference calls, and drafting, reviewing, and editing documents. In the late evening, I return to Cherub Improv matters and matters for the other non-profits for which I have responsibilities including the America-Israel Cultural Foundation (aicf.org), Friends House NYC (friendshousenyc.org), and Gilda’s Club NYC (gildasclubnyc.org).

 

3. What are your ‘can’t live without’ Smartphone or desktop applications?

Jonathan: For personal and professional, I can’t live without various news apps (including the Wall Street Journal, NY Times (though I prefer it via the website), CNET, and Engadget). I follow technology pretty closely in part because I long ago recognized how tech can help make our lives and the provision of legal and other services easier.

 

4. What are your tricks for time management?

Jonathan: I make sure to keep a good calendar (I typically use outlook, which I review on my desktop and firm issued blackberry device) and to consult it regularly. I also make lists of projects I need to do and attempt to prioritize them via an app called “Priority Matrix”). I carve out portions of each day to work on certain projects and do my best to avoid distractions when time sensitive projects need my complete energy and attention.

 

5. What was the best advice you received when you started your career?

Jonathan: Work hard. Work smart. Be yourself. Be good.

 

6. Given the current economic climate, what has been your strategy for building awareness of Cherub Improv for short-term and long-term growth?

Jonathan: Great question. Interestingly, the volunteer performers and teachers of Cherub Improv have been providing free improv comedy shows and educational workshops for various communities, without fail, for over five years without regard to the economic climate. A good deal of our growth has come via free publicity, aka, by word of mouth. For example, after a successful performance at a Y for seniors in Washington Heights/Inwood in northern Manhattan, we received invitations from 3 other venues that had heard about the show and wanted us to provide one for their clients. We are always happy to provide shows for new venues (as long as we can find the time given how busy we are and that it is an all-volunteer organization). Indeed, most venues are thrilled to learn that we do not charge for entertainment, particularly in light of their decreased funding. If anything, the economic climate has benefitted Cherub Improv in that the demand for our community service has only increased.

In terms of our own need for financial support, we are looking forward to our Second Annual Gala this upcoming November 13, 2012 at Tribeca Cinemas and are optimistic that it will be even more successful than last year’s!

 

7. What is your proudest achievement as an accomplished entrepreneur?

Jonathan: Every show and workshop makes me proud because I see the difference we are making for the community. I am particularly proud of the fact that while many businesses and projects are short-lived, ours is going strong and I believe will be around for a very long time.

 

8. How do you achieve balance in your life?

Jonathan: I commit to finding time for all the things I love. I also keep a positive attitude no matter what – it makes the hard times (for example, dealing with difficult opposing counsel) easier to handle.

 

9. Your top 3 book recommendations?

Jonathan:

“Eat to Live” by Dr. Furhman. Followed the advice for six weeks and lost 20 pounds eating a healthy, vegan diet.

“Outliers, the Story of Success” by Malcolm Gladwell. Loved it. Demonstrates the importance of hard work and making your own luck.

My autobiography. Not yet written but a work in progress. Will keep you posted!

 

10. What are your most rewarding charitable involvements?

Jonathan: This must be a trick question: of course, Cherub Improv!!! Performing a show for seniors or veterans or people in physical rehabilitation or people living with cancer and hearing how we cheered them up and made a difference in their lives.

Also dear to me are the America-Israel Cultural Foundation (aicf.org), Friends House NYC (friendshousenyc.org), and Gilda’s Club NYC (gildasclubnyc.org), for which I serve as a board member.

 

11. Who has influenced your career the most?

Jonathan: My father, who is still working hard, providing me with wise counsel, and going strong!

 

12. What is your advice for someone interested in entrepreneurship?

Jonathan:

1. Surround yourself with smart, loyal people.

2. Create a business plan and revisit from time to time.

3. Think inside and outside the box.

4. Contact me as an entrepreneur and lawyer and I will do what I can to help you!

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