Jonathan Oblak devotes a substantial portion of his practice to complex commercial and intellectual property matters, including litigation involving securities, structured finance transactions, and antitrust matters, as well as copyright, trademark, false advertising, theft of trade secret and unfair competition claims. In addition to extensive experience involving landmark litigation regarding structured finance products and antitrust claims, Jonathan has broad based experience in intellectual property litigation involving media, entertainment, and publishing in the copyright and trademark contexts. He has represented numerous Fortune 500 companies in a range of high-stakes complex commercial litigation, both at the trial court and appellate levels, involving issues such as: securities fraud, breach of contract, fraud, breach of fiduciary duty, antitrust, federal licensing and bankruptcy. Jonathan also has experience defending individuals and employers against claims of wrongful termination, harassment and discrimination.
- AIG
- American General Finance
- Fox
- FremantleMedia
- Intuit
- Federal Housing Finance Agency
- MBIA Insurance Corporation
- Miramax
- Motorola
- Morgan Stanley
- Representing the Federal Housing Finance Agency in its capacity as Conservator to Fannie Mae and Freddie Mac in connection with landmark litigation regarding private label residential mortgage backed securities purchased by Fannie Mae and Freddie Mac. To date, FHFA has settled sixteen cases and recovered approximately $20 billion for the American taxpayer. Most recently, FHFA won an $800 million SDNY trial against Nomura and Royal Bank of Scotland, and continues to litigate a separate $9 billion action against RBS in Connecticut.
- Appointed co-lead counsel for a nationwide class of purchasers and sellers of credit default swaps who have brought suit against thirteen of the world’s largest banks (including Bank of America, Barclays, Citibank, Credit Suisse, Deutsche Bank, HSBC, JP Morgan, RBS, and UBS) as well as Markit Group Holdings, Ltd. and International Swaps and Derivatives Association alleging that defendants conspired to block the emergence of exchange trading of CDS and took other anticompetitive actions. There, the Court recently provided preliminary approval for a settlement in which defendants will pay more than $1.85 billion dollars to the plaintiff class.
- Represented monoline bond insurer MBIA Insurance Corporation against Bank of America, Countrywide Financial Corporation, Countrywide Home Loans, Inc., and various subsidiaries and affiliates in an action arising out of fraudulent misrepresentations and breaches of contract in connection with $21 billion of residential mortgage backed securitizations.
- Represented Google in connection with trademark infringement lawsuits filed against it in multiple jurisdictions relating to its AdWords programs.
- Represented motion picture studio in breach of contract and unjust enrichment action brought by film producer relating to claims that producer is owed millions of dollars in profits from the movie in the form of "contingent compensation" that allegedly should have been paid based on the film's financial performance.
- Represented major motion picture studio and a number of producers, production companies and screenwriters defending copyright, Lanham Act and state unfair competition claims relating to a successful motion picture. At the outset of the case we obtained summary judgment for defendants on claims relating to the film, on the grounds of lack of substantial similarity of protectable expression. Following limited discovery, remaining claims concerning draft screenplays prepared in connection with the film were resolved in defendants’ favor.
- Represented Intuit in breach of contract, breach of fiduciary duty and fraud claims brought by brokerage firm regarding a venture to form an on-line brokerage service. Obtained dismissal of fraud and punitive damages claims.
- Represented Fox and FremantleMedia in an action for copyright infringement and tortious interference concerning a reality television show. After moving for summary judgment on the grounds of lack of substantial similarity of protectable expression we obtained dismissal with prejudice of all claims.
- Represented national air carrier in action brought before the U.S. Department of Transportation in which competitors sought to "decertify" the carrier so that it would no longer be able to conduct operations within the United States. Obtained complete victory after four week trial and successfully defended ruling on appeal.
- Cornell Law School
(J.D., magna cum laude, 1999)- Cornell Law Review:
- Associate and Editor
- Moot Court Board
- Cornell Law Review:
- Cornell University
(B.S., 1994)
- The State Bar of New York
- United States District Courts:
- Southern District of New York
- Northern District of New York
- Law Clerk to the Hon. Joseph L. Tauro:
- United States District Court for Boston, Massachusetts, 1999-2000
- United States District Court for Boston, Massachusetts, 1999-2000
- Gibson, Dunn & Crutcher, LLP