For almost thirty years, Jon Polonsky has helped clients resolve business disputes, primarily concerning breach of contract, breach of warranties, breach of duty, and fraud, both through litigation and through alternative dispute litigation. His clients have included financial institutions, corporations and their shareholders, officers and directors, suppliers and purchasers, service providers and their clients, insureds, franchisors, ERISA plans, and other commercial entities. In each case, he has brought to bear an understanding of potential business solutions to avoid litigation and cost-effective litigation techniques to reduce costs, as well as creative approaches to claims, defenses and motion practice. He has been the first chair in over twenty trials.

In his financial institutions practice, Jon’s engagements have included: defending a federal savings association in claims for breach of contract, breach of fiduciary duty and fraudulent transfer; defending a mutual holding company bank and its directors against shareholder claims of breach of fiduciary duty; defending a board against claims relating to a second stage conversion for a mutual holding company bank; defending a lending company against breach of contract claims; defending an acquiring bank against claims of aiding and abetting breach of fiduciary duty; defending an insurance company management and consulting firm and its officers against claims of breach of duty and contract; prosecuting class claims for foreign investment funds against a New York based Ponzi scheme and its auditors and accountants; and prosecuting claims on behalf of an investment fund against a depositary bank for breach of contract.

In his bankruptcy practice, Jon has represented trustees, examiners, creditors committees, equity committees, and creditors in litigation concerning fraudulent transfers, equitable subordination, preferences, breach of fiduciary duty, mismanagement, and conflicts of interest. He has represented official committees in proceedings for four hospitals, a residential real estate project, a technology company, a manufacturing company and a hedge fund. He has also represented creditors in work-outs and restructurings involving residential and commercial real estate, aircraft leases, refineries and manufacturing facilities. In 2011, he was recommended in the area of Corporate Restructuring by Legal 500 US.

In his securities litigation practice, Jon has prosecuted and defended class, derivative and private securities actions involving claims for 10b-5 securities fraud, common law fraud, and claims against parents and controlling shareholders, directors, officers, accountants, auditors and lenders. He has also conducted internal investigations under the Foreign Corrupt Practices Act and for fraud and other criminal activities.

Prior to entering private practice, Jon served as a Senior Trial Attorney in the Economic Crimes Bureau of the Brooklyn District Attorney's Office, investigating and prosecuting insurance fraud, bank and credit card fraud, forged documents and false statements, arson, labor racketeering, extortion and embezzlement.

Professional & Community Activities

Association of the Bar of the City of New York, Member

American Bankruptcy Institute, Member

American Bar Association, Section of Business Law, Business Bankruptcy Committee, Member

Appleby Foundation, Former Board Member

The Quarterly, Former General Counsel

Rebecca Kelly Ballet Company, Former Board Member

Rye Brook Board of Zoning Appeals, Past Member

Rye Brook United, Pro Bono Counsel

Yale Legal Services Organization, Past Board Member

Yale Legal Services Program, Past Co-Director

Education

  • Yale Law School, J.D. (1982)
  • Harvard University, A.B. (1979)
    magna cum laude, with high honors

Bar Admissions

  • New York (1983)

Admissions

  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Western District of New York

Who We Are

What fully engaged means to me:

As a litigator, being fully engaged means providing the highest level of professional services as we traditionally have, while finding creative solutions that will reduce the costs of those services and understanding our clients' businesses so that we can help to avoid litigation in the first place.

The Grace Building, 1114 Avenue of the Americas
New York, NY, 10036-7703
USA
t +1 212.775.8703
f +1 212.775.8819

Jonathan E. Polonsky

Experience Highlights

National counsel and local trial counsel for an international engineering and construction firm
The firm served as national counsel and local trial counsel (including 5 trials) for an international engineering and construction firm in asbestos more
Derivative suit for breach of fiduciary duties of care and loyalty
Represent managers of a private commodities index fund in a derivate suit for breach of their fiduciary duties of care and loyalty.  Case pending. more
Co-lead Counsel in a securities fraud and accounting/auditing malpractice case
Served as co-lead counsel for the plaintiff class (primarily offshore institutional investors) in a securities fraud and accounting/auditing more
Conflict of interest and breach of duty
Represented official committee of unsecured creditors of a hospital and nursing home system in claims of conflict of interest and breach of duty more