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Jonathan M. Shaw

Partner
Washington, DC

t: 202 274 1123
f: 202 237 6131

jshaw@bsfllp.com
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Area of Practice

Litigation


Education

University of Pennsylvania Law School, J.D., cum laude, 1992; Associate Editor, Law Review

Johns Hopkins University, B.A., History, 1989; Beneficial-Hodson Scholar; Departmental Honors


Clerkships

Hon. Frank A. Kaufman, U.S. District Court for the District of Maryland, 1992-1993


Admissions

Maryland, District of Columbia, and Washington (inactive)

Jonathan Shaw represents plaintiffs and defendants in high-stakes commercial, class action, and antitrust litigation throughout the United States.

Before joining Boies, Schiller & Flexner in 2005, Mr. Shaw was a partner in the Seattle office of Susman Godfrey, a national litigation boutique. He was twice recognized in surveys of Washington lawyers as a Rising Star of the Washington State Bar. From 1993-1998, Mr. Shaw was an associate at Wiley, Rein & Fielding, a Washington, D.C., law firm where he specialized in commercial, antitrust, and insurance-coverage litigation.

His representative cases include:

  • Representing Barclays Capital in litigation arising from its 2008 purchase of Lehman Brothers’ North American broker-dealer business.  Following a 34-day trial, the bankruptcy court rejected the Lehman Estate’s $13 billion claim that Barclays had fraudulently underpaid for the assets it purchased and awarded Barclays $1.9 billion of the $8.3 billion in additional assets it claimed under the parties’ contract.  On appeal, the district court and the Second Circuit affirmed all of the rulings in Barclays’ favor and reversed those against it, awarding Barclays the full $8.3 billion of additional assets. (Southern District of New York and Second Circuit);
  • Defending Barclays in litigation with partners of a defunct law firm who seek to avoid repaying partner capital loans based on various allegations of fraud, breach of contract, and RICO violations.  Four of five cases have been dismissed at the pleadings stage and a motion to dismiss is pending in the fifth. (DC, New York, and Illinois federal courts);
  • Representing a group of partners who left a major law firm in a dispute with former firm over millions of dollars in unpaid compensation.  Case settled on the eve of the arbitration hearing for the full amount claimed. (DC arbitral tribunal);
  • Co-lead counsel representing class of municipal entities in case alleging price-fixing of municipal derivative investment products; more than $220 million in settlements to date.  (Southern District of New York);
  • Representing Genesco Inc. in bench trial against UBS and Finish Line. Court rejected the defendants' fraud and material adverse event claims and ordered Finish Line to close on its $1.5 billion purchase of Genesco.  On the eve of a second trial to deal with remaining issues, the case settled with Genesco receiving $175 million in cash plus 12% of Finish Line’s stock.  (Tennessee Chancery Court and the Southern District of New York);
  • Successfully representing a shareholder class in securities fraud action against Genzyme, Inc. Case settled on the eve of trial for $64 million. (New York federal court);
  • Brought in after an insurer had denied coverage for over a year’s worth of defense costs, Mr. Shaw convinced the insurer that the denial of coverage was improper, and the coverage claim settled for substantially more than the total amount of the client's out-of-pocket defense costs;
  • Successfully defending the New York Yankees against emergency motions by community activists trying to derail construction of the new Yankee Stadium (New York state and federal courts);
  • Defending Qwest against multiple securities, fraud, and RICO actions in the United States and the Netherlands relating to its investment in a European joint venture.  Obtained first forum non conveniens dismissal to be upheld by the Third Circuit Court of Appeals in more than three decades. (Arizona state court, New Jersey federal court; Dutch Enterprise Chamber, London arbitration);
  • Defending Northwest Airlines in contract-based preliminary injunction case against Amadeus, a provider of computerized reservation services to travel agents (New York federal court):
  • Representing Northwest Airlines when it asserted antitrust, Lanham Act, and state law claims against Sabre, another provider of computerized reservation services to travel agents. Case settled favorably (Texas and Minnesota federal courts);
  • Defending Seattle-based REI against hundreds of millions of dollars in claims brought by Bank of America and Chase Manhattan Bank over affinity card programs. Case settled confidentially and very favorably (Washington state court);
  • Defending Azurix Corporation against a $31 million lawsuit arising out of a real estate deal. Claims dismissed and client recovered fees and costs (California federal court);
  • Representing the estate of a young cancer victim in medical malpractice action. Only lawyer in the United States to persuade a court to extend malpractice liability to a physician whose only connection to the patient's care was his negligent consultation with her treating physician. Case settled for maximum statutorily allowable amount before trial (Washington state court);
  • Successfully defending Clear Channel Communications against five related lawsuits alleging various business torts, breaches of contract, and antitrust violations. After Clear Channel won summary judgment on most issues, the case settled for nuisance value on the eve of trial (Washington state and federal courts, Texas federal court);
  • Successfully defending Jacobs Engineering Group against more than $700 million in wrongful death and business interruption claims arising out of an explosion on the Olympic Pipeline. Defendant Olympic Pipeline impleaded Jacobs only four months before trial. Aggressive defense was so successful that Olympic Pipeline tried to dismiss its claims against Jacobs voluntarily a month before trial rather than have us and our experts in the courtroom. Because Olympic sought a dismissal without prejudice that would have permitted it to raise the claims in a later action, we opposed its motion to dismiss its own claims. The case settled confidentially and very favorably while that motion was still pending (Washington state court);
  • Successfully defending Alaska Airlines against a consumer class action challenging its refund policies. Obtained dismissal of all claims, which was upheld through multiple levels of appellate review (Washington state court);
  • Representing Alaska Airlines in a dispute over a leased aircraft engine. Case settled favorably after Alaska successfully opposed plaintiff's attempt to compel arbitration (Washington federal court);
  • Successfully defending a commercial plant nursery against Bank of America's attempts to collect on a promissory note. Creative, focused defense led to a confidential settlement that kept client in business (Washington state court);
  • Successfully representing Zurich Insurance Company in coverage litigation against Baxter relating to HIV-contaminated clotting factorate. Case settled confidentially and very favorably (California state court, Illinois state and federal courts);
  • Successfully defending Kohler in multi-million dollar dispute with its former Saudi distributor (Wisconsin federal court); and
  • Successfully assuming defense of law firm in dispute with former partners. The client had represented itself at trial and lost substantial jury verdict. The case settled favorably after post-trial motions convinced trial judge to cut damages awarded by more than 95% (D.C. Superior Court).

Related News

Boies, Schiller & Flexner Recognized at American Antitrust Institute Awards (November 16, 2016)

The BSF Report: Spring 2013 (03.08.2013)

Courts Continue to Rule for BSF Client Barclays in Lehman Bankruptcy Deal (In The News)

BSF Wins Court Battle for Barclays in Lehman Purchase Suit (Firm Newsletter Spring 2011)

Firm Report: July 2008 (07.28.2008)

American Lawyer "Big Suits" Column Features BSF's $1.5 Billion Specific Performance Trial Verdict (March 1, 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)

BSF Obtains $64m Settlement for Class in Tracking Stock Litigation (August 10, 2007)

Firm Report: April 2007 (Vol. 2, Issue I) (04.01.2007)

Federal Judge Dismisses Lawsuit Challenging Construction of the New Yankee Stadium (November 16, 2006)

Firm Report: November 2006 (Vol. 1, Issue III (11.01.2006)

Tracking Stock Class Action Litigation Against Genzyme Gets Major Boost (August 17, 2006)

BSF Represents Barclays in Multi-Billion Dollar Lehman Brothers Purchase Litigation