Jonathan Rosenberg

Partner

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Jonathan Rosenberg, firmwide Chair of the Securities Litigation Practice, focuses his practice on securities, M&A, and commercial litigation, internal investigations, and white collar criminal defense. Prior to joining the Firm, Jonathan was an Assistant U.S. Attorney in the Southern District of New York for six years, where he spent two-and-a-half years in the Securities and Commodities Frauds Unit and served as Deputy Chief of the Criminal Division. Jonathan has tried more than twenty cases in government and private practice. Jonathan has also argued many times before federal and state appellate courts, including the United States Court of Appeals for the Second Circuit and the Delaware Supreme Court.

Jonathan has been recognized by Chambers USA - America’s Leading Lawyers for Business (2009-2016); by American Lawyer Litigation Daily as “Litigator of the Week” (February 9, 2012); by Law360 as “Most Valuable Player in Securities Litigation” (2011); by Legal 500 (2012-2015); and as a New York “Super Lawyer” for Securities Litigation, Criminal Defense: White Collar, Business Litigation in annual surveys conducted by Law & Politics Media Inc. (2008-2015).

Corporate & Government Experience

  • Assistant US Attorney, US Attorney’s Office in the Southern District of New York, including two-and-a-half years in the Securities and Commodities Frauds Task Force
  • Deputy Chief, Criminal Division, US Attorney’s Office

Honors & Awards

  • America’s Leading Lawyers for Business, Chambers USA (2009-2016)
  • “Litigator of the Week,” American Lawyer Litigation Daily (February 9, 2012)
  • “Most Valuable Player in Securities Litigation,” Law360 (2011)
  • Recognized by Legal 500 (2012-2015)
  • A New York “Super Lawyer” for Securities Litigation, Criminal Defense: White Collar, Business Litigation, Law & Politics Media Inc. (2008-2015)

Admissions

Bar Admissions

  • New York

Court Admissions

  • US District Court, District of Colorado, Eastern and Southern Districts of New York
  • US Court of Appeals, Second, Fourth, Ninth, and Eleventh Circuits
  • US Supreme Court

Education

  • Northwestern University, J.D., 1984: cum laude; Order of the Coif; Managing Editor, Northwestern University Law Review
  • Columbia University, M.A., 1981
  • Queens College, B.A., 1980: magna cum laude; Phi Beta Kappa

Professional Activities

Clerkships

  • Honorable David N. Edelstein, US District Court, Southern District of New York

Articles

  • “Loose Lips Sink Ships: The Importance of Director Confidentiality Programs,” Corporate Counsel Quarterly (September 2009)
  • “Making Sense of New York’s Corporate Opportunity Doctrine,” New York State Bar Journal (June 2008)
  • “The Truck Stops Here: Closing the Loopholes in Loosely Written Public Company Advancement and Indemnification Bylaws,” Corporate Counsel Quarterly (July 2006)
  • “New York Securities Litigation Landscape Affected by Subtle Changes,” New York Law Journal (December 16, 2002)
  • “Reviewing Standards for Judicial Relief in ADR,” New York Law Journal (January 16, 2002)
  • “Recantation Defense in Federal Perjury Prosecutions,” New York Law Journal (March 23, 1998)
  • “Criminal Liability of Private Citizens for Extortion Under Color of Official Right,” New York Law Journal (December 21, 1995)

Co-Presenter

  • “Preserving Your Privilege: The Common-Interest Doctrine and Other Rules–and Potential Pitfalls–of the Attorney-Client Privilege in Transactional Settings,” O’Melveny’s New York CLE Marathon (October 2015)
  • Has led an O’Melveny team as national coordinating counsel since 2008 for all individual court and FINRA arbitration cases against a financial institution.  Recently won summary judgment for that institution of ARS related fraud claims, Tutor Perini Corp. v. Banc of America Securities LLC, No. 11-cv-10895-NMG, 2015 WL 4762765 (D. Mass. Aug. 12, 2015), and obtained dismissal in February 2011 of a putative class action alleging market manipulation and fraud in connection with ARS sales.   In Re: Bank of America Corp. Auction Rate Securities (ARS) Marketing Litigation, MDL No. 09-2014 (JSW) (N.D. Cal. 2011).  Also obtained a declaratory judgment in January 2013 that the broker-dealer’s former ARS customer waived its right to arbitrate claims relating to its ARS purchases by serving as lead plaintiff in a federal putative class action against the broker-dealer relating to the same purchases.  Merrill Lynch, Pierce, Fenner & Smith Incorporated, et al. v. N.R. Hamm Quarry LLC, 3:12-cv-02127-JSW (N.D. Cal. 2013).
  • Obtained dismissal in March 2015 of a putative class action against a financial institution alleging that it wrongfully debited customer accounts for charges associated with “payday” loan transactions. David Andrichyn, et al., v. TD Bank, N.A., 14-CV-3863 (E.D. Pa 2014).
  • Obtained dismissal of a securities class action complaint against a former officer of a pharmaceuticals company alleging misrepresentations regarding the safety profile of the company’s pain medications.  In Re: Pfizer Securities Litigation, 04-Civ. 09866 (S.D.N.Y. 2004).
  • Won dismissal of a putative securities class action against a financial institution arising from alleged misrepresentations about its credit losses and subprime-asset exposure in connection with new preferred-stock issuances.  NECA-IBEW Pension Trust Fund v. Bank of America Corp., No. 10 Civ. 440, 2012 WL 3191860 (S.D.N.Y. Feb. 9, 2012);  NECA-IBEW Pension Trust Fund v. Bank of America Corp., No. 10 Civ. 440, 2013 WL 620257 (S.D.N.Y. Feb. 15, 2013) (denying motion for leave to amend as futile), aff’d, (2d Cir. June 15, 2015).
  • Obtained dismissal in April and October 2011 of successor-liability claims, alleging  de facto merger and implied assumption of liability, and seeking to hold financial institution liable for billions of dollars in potential liability. Allstate Insurance Company et al v. Countrywide Financial Corp. et al, 11-cv-05236 (C.D. Cal. 2012). Leads an O’Melveny team as national coordinating counsel for all successor-liability claims against the financial institution.
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