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Jonathan Pickhardt is Co-Chair of the firm’s Structured Finance Litigation Practice and has extensive experience representing clients in a wide range of matters involving complex financial transactions and instruments.  He has been at the forefront of representing companies in the financial services sector on litigation strategies related to structured financial products, such as CDOs and RMBS, and other types of financial instruments, including derivatives, municipal bonds and other types of securitizations. 

He is a magna cum laude graduate of New York University School of Law where he served as Editor-in-Chief of the New York University Law Review.

AIG Financial Products
Morgan Stanley
BNP Paribas
Hildene Capital Management
Heungkuk Life Insurance Company
Ambac Assurance Corporation
Rabobank
Syncora Guaranty Inc.
National Australia Bank

Representing Hildene Capital Management, and numerous other plaintiffs in suit seeking to enjoin $3 billion asset sale between BankAtlantic Bancorp and BB&T, one of the largest banking transactions in 2011, for violating the terms of trust preferred securities issued by BankAtlantic which require any acquirer of substantially all of BankAtlantic’s assets to assume its trust preferred security obligations.

Representing AIG Financial Products in suit seeking over $300 million in damages against ICP Asset Management and Moore Capital for improper and mispriced sales of RMBS into the Triaxx CDO structure.

Representing Syncora Guaranty Inc. in suit against Jefferson County, Alabama and JPMorgan Chase alleging fraud in connection with the procurement of municipal bond insurance and seeking over $400 million in damages for past and future claims payments.

Representing Hildene Capital Management in suit challenging the first ever involuntary bankruptcy filing of a CDO by senior bond holders.

Representing Hildene Capital Management in suits against Bank of New York Mellon, Wells Fargo and others alleging fraud and breach of contract arising out of efforts by third parties to abscond with CDO assets through payment of bribes and other illegal acts.

Representing Heungkuk Life Insurance Company in suit against Goldman Sachs alleging fraud in connection with the marketing and sale of the Timberwolf CDO.

Representing BNP Paribas in suit against Bank of New York Mellon alleging breach of contract for misapplication of insurance proceeds received in connection with RMBS investments.

Representing Morgan Stanley in suit against Citibank alleging that Citibank prematurely liquidated the Capmark VI CDO in breach of contractual duties to Morgan Stanley in order to improperly transfer $245 million of losses to Morgan Stanley under a credit default swap.

Successfully represented Ambac in suit against Citigroup and Credit Suisse Alternative Capital alleging fraud, negligent misrepresentation, fraudulent conveyance and other claims related to credit default swaps referencing $2 billion of obligations issued by the Ridgeway II CDO structured by Citigroup and managed by Credit Suisse.

Successfully represented Rabobank in suit against Merrill Lynch alleging fraud, negligent misrepresentation, fraudulent conveyance and other claims related to a $60 million funding swap procured by Merrill Lynch in connection with its Norma I CDO.

Successfully represented Morgan Stanley, in its role as a CDS counterparty, against Barclays Bank plc, in its role as a controlling noteholder, in an interpleader action filed by U.S. Bank in connection with the disposition of nearly $300 million of cash distributions related to Tourmaline CDO I.

Successfully represented AIG Financial Products Corp. in a suit against a large Washington public utility district asserting breach of an interest rate swap agreement related to the district’s issuance of municipal bonds.

Successfully represented Accredited Home Lenders, Inc. in suit against Select Portfolio Servicing, Inc. alleging breach of contract under agreements to sell mortgage servicing rights in connection with seventeen RMBS securitizations. 

Successfully represented Rabobank in suit against JPMorgan Chase and Bear Stearns Asset Management alleging breach of contract and other claims relating to cashflow swaps entered into in connection with Tahoma II CDO and Tahoma III CDO.

Successfully represented Rabobank in suit against Wells Fargo alleging breach of contract arising out of interest rate swap agreement in connection with Brookville CDO I.

Successfully represented Paramax Capital Group in suit against UBS AG based upon fraud and breach of contract in connection with credit default swap on $1.3 billion tranche of TABS 2007-1 CDO.

Represented XL Capital Assurance in suit against Merrill Lynch based on claims that Merrill violated credit default swaps on over $3 billion in CDO obligations by entering into conflicting voting rights agreements.