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