People

Jonathan E. Paikin

Partner

Paikin, Jonathan E.

Jonathan Paikin is a civil litigator with more than 20 years of experience representing companies, nonprofit organizations, quasi-governmental entities 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, litigation strategy, pending and newly-enacted legislation and compliance with various federal regulations. He has extensive experience with class actions, qui tam lawsuits, securities matters, bankruptcy-related disputes, technology-related disputes, internal investigations and commercial matters with serious financial implications.

In addition, Mr. Paikin has an active pro bono practice.

Publications & News

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January 9, 2018

False Claims Act: 2017 Year-in-Review

False Claims Act recoveries topped $3.7 billion in fiscal year 2017, marking the eighth straight year of annual recoveries in excess of $3 billion.

June 9, 2017

The Legal 500 United States 2017 Recognizes 125 WilmerHale Lawyers Across 28 Practice Areas

The Legal 500 United States has released its 2017 rankings, recommending 125 WilmerHale lawyers—including 12 who are named to its elite “Leading Lawyers” list and two on its “Next Generation Lawyers” list—and 28 practice areas in its 11th edition.

January 31, 2017

False Claims Act: 2016 Year-in-Review

In 2016, the Department of Justice continued to give high priority to False Claims Act investigations and prosecutions. This WilmerHale Client Alert was republished by Pratt's Government Contracting Law Report.

July 25, 2016

WilmerHale Secures Civil Rights Victory, Defending Texas Voters of Color

WilmerHale and its co-counsel, the National Association for the Advancement of Colored People Legal Defense and Education Fund, secured a significant civil rights victory for African-American and Hispanic voters in Texas.

June 22, 2016

The Legal 500 United States 2016 Recognizes 111 WilmerHale Lawyers Across 30 Practice Areas

The guide's rankings are based on a series of criteria, including client feedback, interviews with private practice lawyers, and its own research.

January 12, 2016

False Claims Act: 2015 Year-in-Review

In 2015, the Justice Department continued to give high priority to False Claims Act investigations, bringing in nearly $3.6 billion in settlements and judgments.

August 6, 2015

Landmark Civil Rights Victory Achieved in Fifth Circuit Decision on Voting Rights Act

WilmerHale and its co-counsel, the NAACP Legal Defense and Education Fund, secured a landmark civil rights victory when the United States Court of Appeals for the Fifth Circuit affirmed a decision by the US District Court for the Southern District of Texas that Texas's highly restrictive voter photo identification law had a discriminatory effect on African-American and Hispanic voters in violation of Section 2 of the Voting Rights Act.

January 29, 2015

False Claims Act: 2014 Year-in-Review

The federal government collected a record-breaking $5.7 billion in False Claims Act (FCA) recoveries in fiscal year (FY) 2014, up from $3.8 billion in FY 2013.

January 7, 2014

False Claims Act: 2013 Year-in-Review

The False Claims Act (FCA) saw another year of increased activity in 2013, with new qui tam suits hitting an all-time high of 753, a rise of more than 100 over 2012.

January 2, 2013

The False Claims Act: 2012 Year-In-Review

The upward trends in False Claims Act (FCA) enforcement that we described in our 2011 Year-In-Review continued in 2012. In the fiscal year that ended on September 30, 2012, the U.S. Department of Justice (DOJ) secured $4.9 billion in FCA settlements and civil judgments, beating the previous record by more than $1.7 billion. Federal FCA recoveries since January 2009 add up to $13.3 billion, which is the largest four-year total in DOJ history. Our full review is available in PDF format.

Representative Matters

Commercial Disputes

  • Representing the leaseholders of the World Trade Center buildings in a dispute with certain airlines arising out of the events of September 11, 2001 in the Southern District of New York.
  • Representing a large financial institution in a dispute with a fund accounting service provider in connection with an outage and performance issues related to the calculation of net asset values (NAVs) for affected mutual funds. 
  • Representing a real estate development company in a lawsuit over possession of the skiable terrain at Park City Mountain Resort.
  • Representing an international photo services vendor that was the victim of a cyber-attack in connection with claims brought by its corporate clients. 
  • Representing a Polish chemical company in a high-stakes dispute arising out of a supply contract in the Eastern District of Pennsylvania. 
  • 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 contract dispute in Indiana state court, including a three-week trial.

Government Litigation

  • Representing a national student loan service provider in federal district court in Scranton, Pennsylvania, in a lawsuit brought by the Consumer Financial Protection Bureau arising out of servicing and collection practices.
  • Advising a national rail passenger company on all aspects of its legal strategy in connection with the on-time performance of its trains.  

False Claims Act  

  • Representing a financial institution in False Claims Act actions arising out of the underwriting of municipal bonds filed in state courts in California and New Jersey.
  • Obtaining dismissal of a False Claims Act action in state court in Chicago, Illinois, arising out of the underwriting of municipal bonds. 
  • Obtaining dismissal of a False Claims Act action in federal district court in Orlando, Florida, against a vacation resort company arising out of a contract with the United States Postal Service, and successfully 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.
  • Obtaining a dismissal of an investment company in a False Claims Act 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  

  • Defending a major national retailer in multi-district litigation consolidated in federal district court in Chicago arising out of the sale of herbal supplements. 
  • Obtaining dismissal of putative class actions filed against a professional organization arising out of statements made in connection with certain dues payments in federal district court in the District of Columbia.
  • Obtaining dismissal of 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.  

Bankruptcy-Related Matters  

  • Representing a global media and technology company in a dispute arising out of a regional sports network in Houston.
  • 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  

  • Challenging the State of Texas's photo identification voting requirement under Section II of the Voting Rights Act. 
  • 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.
  • Supervising appeals of convictions on behalf of criminal defendants before the Maryland appellate courts. 

Professional Activities

Mr. Paikin serves on the Board of Directors of the Washington Lawyers Committee for Civil Rights and Urban Affairs. He is a member of the New York State Bar Association and the District of Columbia Bar Association.

Honors & Awards

Mr. Paikin is recommended in the 2016 edition of The Legal 500 United States for his commercial litigation practice.

Practices

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Education

JD, cum laude, University of Pennsylvania Law School, 1996

BA, with honors, Johns Hopkins University, 1993, Phi Beta Kappa

Bar Admissions

District of Columbia

New York

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