Jonathan Polonsky has guided a diverse array of business entities through the prosecution and defense at trial and in the litigation, mediation and alternative dispute resolution of contract, warranty and fraud claims on behalf of financial institutions, franchisors, ERISA plans, joint venture partners and other investors, insureds, the clients of investment advisors, suppliers and purchasers, service providers and their clients, and other commercial entities.

In his bankruptcy and creditors’ rights practice, Mr. Polonsky has represented bankruptcy trustees, examiners, official unsecured creditors' committees, equity holders’ committees and creditors in investigations and litigation involving fraudulent transfers and conveyances, equitable subordination, preferences, breaches of fiduciary duty, waste and mismanagement, and conflicts of interest. He has represented official committees in bankruptcy proceedings for four hospitals, a large 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 his securities litigation practice, Mr. Polonsky also has investigated, prosecuted and defended class, derivative and private securities actions involving claims for 10b-5 securities fraud and common law fraud, claims under the Investment Advisor Act, 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.

Finally, Mr. Polonsky has represented a major consumer product testing company in its contracting and in dispute resolution and litigation of claims involving breach of contract, breach of warranty, product disparagement, product testing and product recalls. He has also represented mines, manufacturers, distributors, retailers, and engineering companies in product liability actions, including mass torts, property damage class actions, consumer fraud class actions and personal injury actions.

Prior to joining the firm, Mr. Polonsky 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.

In 2011, Mr. Polonsky was recommended in the area of Corporate Restructuring by Legal 500 US.

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)

Court 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

Securities class action for a national specialty retailer
Successfully defended a national specialty retailer and its directors and officers in a securities class action. more
Litigation for international retail franchisor
Represented a major international retail franchisor in litigation asserting claims by the franchisor for failure to pay franchise fees, breach of 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
Creditors’ committee representation for consumer goods manufacturing company
Represented the official committee of unsecured creditors of a bankrupt consumer goods manufacturing company in the investigation of potential claims more