Jonathan Paikin is a partner in the firm’s Litigation/Controversy and Securities Departments. He is a member of the Business Trial Group, and the Government and Regulatory Litigation and Securities Litigation and Enforcement Practice Groups. Mr. Paikin serves on the firm’s Hiring Committee, Senior Associates Committee and Technology Steering Committee. He joined the firm in 1999.
Practice
Mr. Paikin has extensive experience defending companies and individuals in high-stakes complex litigation matters before federal and state appellate and trial courts in numerous jurisdictions, as well as in arbitration. Mr. Paikin also provides confidential advice to clients with public profiles on policy issues and litigation strategy. He has successfully represented a broad array of corporate clients in class actions, government litigation, securities matters, bankruptcy-related disputes, and other commercial matters with serious financial implications. Mr. Paikin has also represented clients in government investigations and internal corporate investigations. Mr. Paikin has significant expertise in the area of standardized educational testing, including class actions challenging the accuracy of licensing and admission test scores and test security cases. In addition, Mr. Paikin has an active pro bono practice.
Representative Matters
False Claims Act
- Obtaining dismissal of a False Claims Act action in federal district court in Orlando against a vacation resort company arising out of a contract with the United States Postal Service, and defending the decision on appeal.
- Obtaining dismissal of a False Claims Act lawsuit in federal district court in Atlanta against a non-bank lender arising out of Small Business Administration loans, and successfully defending the decision on appeal.
- Representing an investment company in a qui tam suit filed in state court in Santa Fe, New Mexico.
Securities Litigation
- Defending a publicly-held investment company in a securities putative class action in federal district court and obtaining dismissal of two related derivative actions in superior court, both in the District of Columbia.
- Defending a major financial institution in a nationwide securities class action in federal district court in the Southern District of New York.
Consumer Class Actions
- Obtaining dismissal of a consumer class actions against a satellite radio service provider arising out of a service interruption in federal district courts in Alabama and New Jersey.
- Defending a national college testing organization in a putative class action in federal district court in Minnesota arising out of a scanning problem on a college entrance exam.
- Defending a leading standardized testing company in multi-district litigation consolidated in federal district court in New Orleans arising out of a scoring anomaly on a teacher certification exam.
- Obtaining dismissal of a putative class action against a national pharmaceutical company arising under the Texas Deceptive Trade Practices Act filed in federal district court in Houston.
- Representing a professional organization in putative class actions filed in federal district court in the District of Columbia.
Commercial Disputes
- Prosecuting a dispute in New York Supreme Court on behalf of the largest credit union in the United States against a lending service provider and insurer arising out of defaulted mortgages.
- Representing a defense contractor in a high-stakes contract dispute in Indiana state court.
- Representing a publishing company in a complex battle over ownership of a wide-circulation newspaper in federal district court in Utah.
- Arbitrating a rail transportation dispute on behalf of a national passenger railroad.
- Obtaining emergency relief in a California federal district court preventing theft of a client's trade secrets and breach of a non-competition agreement.
- Defending a Chinese semiconductor manufacturer against tortious interference claims in federal district court in Texas.
Bankruptcy-Related Matters
- Obtaining dismissal of litigation brought against a “Big Four” accounting firm in Delaware chancery court by a bankruptcy litigation trust.
- Defending a major insurer in a number of asbestos-related coverage and bankruptcy cases, including a four-week trial in San Francisco involving billions of dollars of asbestos liabilities.
- Appearing on behalf of certain securities industry trade associations, as amicus curiae, in preference and fraudulent conveyance litigation brought in the Enron bankruptcy in New York.
Pro Bono
- Arbitrating a dispute with an architect and contractor over renovation work at a national historic site in an arbitration on behalf of a trust for historic preservation.
- Appealing convictions on behalf of criminal defendants before the Maryland appellate courts.
- Prosecuting a Title VII discrimination lawsuit on behalf of a former federal employee.
Reported decisions
U.S. ex rel. Brown v. Walt Disney World Co., 361 Fed. Appx. 66 (11th Cir. 2010); Ross v. Walton, 668 F. Supp.2d 32 (D.D.C. 2009); Brickman v. Business Loan Express LLC, 310 Fed. Appx. 322 (11th Cir. 2009); U.S. ex rel. Brown v. Walt Disney World Co., 2008 WL 2561975 (M.D. Fla. 2008); U.S. ex rel. Brickman v. Business Loan Express, LLC, 2007 WL 4553474 (N.D.Ga. Dec 18, 2007); Taylor v. XM Satellite Radio, Inc., 533 F. Supp.2d 1151 (N.D. Ala 2007); Arnold v. Educational Testing Service, 2007 WL 1051500 (N.J. Super. App. Div. 2007); Murdock v. State, 927 A.2d 53 (Md. App. 2007); Russo v. NCS Pearson, Inc., et. al, 462 F. Supp.2d 981 (D. Minn. 2006); Trenwick America Litigation Trust v. Ernst & Young, L.L.P., et. al., 906 A.2d 168 (Del. Ch. 2006); In re Educational Testing Service Praxis Principles of Learning and Teaching: Grades 7-12 Litigation, 2007 WL 1557337 (E.D. La. 2007); 447 F. Supp.2d 612 (E.D. La. 2006); 429 F. Supp.2d 752 (E.D. La. 2005); 350 F. Supp.2d 1363 (JPML 2004); People v. Arriola, 245 A.D.2d 34 (N.Y.App. Div. 1997).
Professional Activities
Mr. Paikin is a member of the New York State Bar Association and the District of Columbia Bar Association.
Honors and Awards
- Certificate of Appreciation from the United States District Court for the District of Columbia for valuable services rendered as a member of the Civil Pro Bono Panel, 2007
