Jonathan D. Schiller
New York City
Areas of Practice
Columbia Law School, J.D., 1973
Columbia University, B.A. , Political Science, 1969; Blue Key Honor Society; 1967-68 Ivy League Championship Basketball Team; Columbia University Athletics Hall of Fame
Hon. Charles R. Richey, United States District Court for the District of Columbia, 1973-1974
District of Columbia and New York
Jonathan Schiller is a co-founder and a Managing Partner of Boies, Schiller & Flexner LLP. He concentrates on complex litigation and international arbitration, including ICC, LCIA, UNCITRAL, and ad hoc arbitrations.
Mr. Schiller has practiced law for thirty years and has tried cases before juries and judges in federal and state courts in the United States and before arbitral tribunals in Europe, Asia and the United States. He has represented United States, French, Dutch, German, Kuwaiti, and Singapore corporations against foreign sovereigns and companies in complex commercial disputes.
Mr. Schiller also serves as an arbitrator in ICC, UNCITRAL, AAA and ad hoc arbitrations. He was cited by Chambers and Partners, a London-based legal research organization that publishes annual peer-reviewed evaluations of the world's leading law firms and lawyers in Chambers' 2005 Guide to the World's Leading Lawyers for his "rare and outstanding forensic skills" together with his "first-rate advocacy" as accounting for impressive victories in litigation and arbitration. Who’s Who Legal recognized Mr. Schiller as one of the most highly regarded individuals, “the real deal” in their listing of the Top Ten international Commercial Litigators for 2011.
Mr. Schiller was lead counsel for the successful defense of The Bank of New York Mellon against a $22.5 billion RICO Claim brought by the Russian Federal Customs Service in the Moscow Arbitraz Court. The case was settled for $14 million - less than 1% of claimed damages. The result achieved by the Firm was hailed by the analyst community as a "grand slam home run."
Mr. Schiller is leading the defense of Barclays in numerous lawsuits filed after the bank’s $453 million LIBOR settlement, including ten consolidated class actions, an action regarding Yen LIBOR and a securities fraud action, all in the Southern District of New York Mr. Schiller previously represented Barclays Capital Inc. in a $13 billion trial surrounding the Lehman bankruptcy, in which the judge found Barclays to have purchased Lehman’s broker dealer unit in September 2008 in “good faith.” He also represented Barclays Bank PLC in the successful resolution of a dispute with J.P. Morgan Chase & Co. in the Lehman bankruptcy.
Clothing magnate Tory Burch retained Mr. Schiller in a closely-watched dispute involving intellectual property rights regarding her former business partner and ex-husband Chris Burch and his C. Wonder clothing brand. A settlement was reached in early January.
Mr. Schiller was counsel for Genesco, Inc. in its successful 2008 specific performance trial in Tennessee Chancery Court to compel (i) Finish Line to consummate its merger agreement with Genesco and (ii) UBS to finance the merger.
Mr. Schiller was co-lead counsel for the class action plaintiffs in In Re Vitamins antitrust litigation, which the presiding Judge determined "uncovered the illegal actions of vitamins manufacturers across the globe," and in which a record antitrust settlement of $1.05 billion was achieved for the class. Mr. Schiller also led the defense of Qwest Communications International Inc. in its class action securities litigation pending in federal court and in "opt out" state court cases across the United States. He also leads Qwest's defense in parallel proceedings pending in Europe and theUnited Statesarising out of the KPNQwest bankruptcy. These cases present significant securities litigation issues facing multinational companies today.
Mr. Schiller also successfully defended Goldman Sachs & Co. against New York Stock Exchange seat holders who sought to enjoin NYSE's merger with Archipelago Holdings.
Mr. Schiller also represented the Board of Directors of RenaissanceRe Holdings Ltd., a Bermuda-based reinsurer, in connection with federal and state governmental investigations of securities law matters in the insurance and reinsurance industries and the related defense of private security class actions.
In 2004, Mr. Schiller successfully represented YES Networks in a fast-track arbitration against Cablevision. The arbitral award was in the form of a long-term carriage agreement with Cablevision increasing the enterprise value of YES by $1.5 billion.
Mr. Schiller successfully represented Florida Power & Light against two Indonesian state companies, Pertamina and PLN, seeking contract damages for cancellation of a geothermal power project. Following a three-week trial in Geneva, claimant was awarded $261 million in damages on claims for breach of contract, affirmed in 2004 by the U.S. Fifth Circuit Court of Appeals. He also successfully represented Westinghouse (now CBS Corporation), Siemens and Raytheon in parallel international arbitration and federal court proceedings, securing a federal court order staying enforcement of a $1.4 billion Pakistani court judgment in contravention of an arbitration agreement, and a declaratory judgment of $4 million in damages. He later obtained an injunction against any re-entry of a Pakistan judgment in the United Statesand, in 2005, secured dismissal of the Pakistan proceeding by the Pakistani Supreme Court.
Mr. Schiller has also successfully represented a Kuwaiti oil company as a claimant in a LCIA arbitration against British Petroleum (LCIA Arbitration/London). During a two week trial in London and Kuwait, the Claimants sought a declaration of contract rights pursuant to a joint bidding agreement for oil fields in Kuwait. The proceedings concerned issues of numerous contract defenses, evaluation of the available prospects for bidding, and valuation issues. The Award found in favor of the Claimants, affirmed Claimants' contractual rights to specific equity interests in any bid by the Respondents or any of their affiliates, and awarded fees and costs to Claimants.
Mr. Schiller successfully represented WORLDSPAN in parallel federal court litigation in Atlanta, Georgia, and in ICC arbitration in London. He conducted a four-week hearing on the merits, while continuing to prosecute separate antitrust claims in related civil action in Georgia. The arbitral tribunal issued a $40 million award judgment in favor of WORLDSPAN.
Mr. Schiller was elected a Fellow of the American Bar Foundation "in recognition of professional attainment, and distinguished service" and appointed to the Milan Chamber of Commerce National and International Arbitration Club of Arbitrators. He has served for many years as a director of the Washington Tennis and Education Foundation, which provides tennis instruction and academic tutoring to at-risk children throughout Washington, D.C., and on the Leadership Advisory Board for the Junior Tennis Champions Centerin Washington, D.C.
Selected Professional Awards and Associations
Alexander Hamilton Medal for distinguished service and accomplishment from Columbia College (2012)
Trustee of Columbia University
Member of the Dean's Council of Columbia Law School
John Jay Award for Distinguished Professional Achievement (Columbia University 2006)
Board of Trustee, The Supreme Court Historical Society, Washington DC
Life Member, Fellows of the American Bar Foundation (2001)
Best Lawyers in America (2010, 2009, 2008, 2007, 2006, 2005)
Super Lawyers (2012, 2011, 2010, 2009, 2008)
LawDragon 500 Leading Lawyers in America (2012, 2011, 2010, 2009, 2008, 2007, 2006)
Considered “one of the premier international arbitration attorneys in the world,” and "A seasoned practitioner with an impressive reputation," The US Legal 500 (2011, 2010, 2009, 2008, 2007)
“Recognized as a leading practitioner in the field of international arbitration,” and a "real warrior, who will wade into any battle for you." Chambers USA (2012, 2011, 2010, 2009, 2008, 2007, 2006)
“Litigator of the Week,” The AmLaw Litigation Daily (2011)
One of the most highly regarded individuals, “the real deal,” a Top Ten International Commercial Litigator, Who's Who Legal (2012, 2011)
Milan Chamber of Commerce International Arbitration Club of Arbitrators Judicial Conference of the District of Columbia Circuit (1976-1981 and 1983-2004)
Parallel Proceedings Involving International Arbitration, International Disputes Seminar, ICC, Los Angeles, California (October 1999)
Identifying and Applying the Law Governing the Arbitration Procedure - Role of the Law of the Place of Arbitration, A Commentary, ICCA Congress Series No. 9, Paris (May 1998)
Providing for Confidentiality in International Mediation, ICC Institute of International Business Law and Practice (October 1995)
Destruction of Grand Jury Documents, Destruction of Evidence (1989) (co-author)
Modification of Pension Fund Contributions During the Term of a Collective Agreement: The 1987 Employment and Economic Security Pact, 90 West Virginia Law Review 843 (1988)
The Legal Liability of Private Security Guard Company for the Criminal Act of Third Parties, An Overview, The Annals 91 (July 1988)
54 BSF Attorneys Recognized as Top Lawyers in 2013 Super Lawyers Magazine (2013 Super Lawyers)
The BSF Report: Spring 2013 (03.08.2013)
BSF Managing Partner Awarded Columbia's 2012 Alexander Hamilton Medal (November 12, 2012)
Antitrust Class Action Suit Filed by BSF on Behalf of NBA Players (November 15, 2011)
BSF Represents salesforce in Multidistrict Patent Litigation (Firm Newsletter Spring 2011)
Legal Obstacles Overcome, $200M Deal Closed for Client Goldman Sachs (Firm Newsletter Spring 2011)
BSF Wins Court Battle for Barclays in Lehman Purchase Suit (Firm Newsletter Spring 2011)
Two BSF Attorneys Named 2010 Washington DC Super Lawyers (2010 Washington, DC Super Lawyers)
Sixteen BSF Attorneys Named 2010 New York Super Lawyers -- Metro Edition (2010 New York Super Lawyers -- Metro Edition)
BSF Wins Subpoena Fight for Client NY Yankees (7/31/2009)
Firm Report: May 2009 (May 2009)
Two BSF Attorneys Named 2009 Washington, DC Super Lawyers (2009 Washington, DC Super Lawyers)
Thirteen BSF Attorneys Named 2009 New York Super Lawyers -- Metro Edition (2009 New York Super Lawyers -- Metro Edition)
Firm Report: July 2008 (07.28.2008)
The Lawyer Reports on BSF's Broad International Practice (May 9, 2008)
Firm Report: January 2008 (Vol. 3, Issue I) (01.22.2008)
N.Y. Times Reports on Fallout of BSF's Genesco Win (December 29, 2007, at B2)
BSF Wins Trial Requiring Completion of $1.5 Billion Acquisition (December 28, 2007, at A3)
Genesco Lead Trial Counsel Jim Denvir Closes in Nashville Trial (December 19, 2007)
BSF at the Center of UBS-Genesco-Finish Line Trial (December 19, 2007)
Firm Report: July/August 2007 (Vol. 2, Issue II) (08.22.2007)
BSF Ranked as Leading Law Firm By Legal 500 (May 24, 2007)
Firm Report: November 2006 (Vol. 1, Issue III (11.01.2006)
Firm Report: March 2006 (Vol. 1, Issue I) (03.01.2006)
Insurance Law Firms of the Year (January 1, 2010)