Photo of Jonathan D. Lupkin

Jonathan D. Lupkin

Partner and Chair of Commercial Litigation Practice
500 Park Avenue
8th Floor
New York, NY 10022

Columbia College, B.A., Senior Society of Sachems, Member  

Columbia Law School, J.D., Harlan Fiske Stone Scholar; Columbia Law Review, Notes and Comments Editor and Member, Administrative Board 

  • New York  
  • U.S. Supreme Court  
  • U.S. Court of Appeals for the Second Circuit  
  • U.S. Court of Appeals for the District of  Columbia Circuit  
  • U.S. District Court for the Southern District of New York  
  • U.S. District Court for the Eastern District of New York  
  • U.S. District Court for the Northern District of New York  
  • U.S. Tax Court 

Jonathan D. Lupkin is a litigator and trial lawyer with over 30 years of experience.

He has tried complex jury and non-jury cases in state and federal court and is an experienced and savvy advocate in the alternate dispute resolution arena. Jonathan’s reputation for skill and integrity is unmatched, as reflected in his appointment to an extraordinary range of important leadership positions by his peers and the judiciary.  As a leader of the organized bar in New York, Jonathan has served as Chair of the Commercial and Federal Litigation Section of the New York State Bar Association, a position previously held by four federal judges (three current and one former), the former general counsel of a major New York City performing arts institution, and senior partners at some of the nation’s largest law firms. In addition, New York’s former Chief Judge Jonathan Lippman appointed Jonathan to the Commercial Division Advisory Council, a permanent body created by the Chief Judge to advise on all matters, statewide, involving and surrounding the Commercial Division. Since his appointment, Jonathan has been named co-chair of the Subcommittee on Procedural Rules to Promote Efficient Case Resolution and has taken on the role of principal drafter for several of the amendments to the Statewide Rules of the Commercial Division.   

Jonathan’s practice is extraordinarily diverse.  Serving a broad array of clients in New York, throughout the United States and overseas, Jonathan has a decades-long track record of resolving the thorniest and most complex disputes in commercial banking, real estate, partnership disputes and dissolution, securities, derivatives, and attorney malpractice and other professional liability.  Jonathan also handles the defense of white-collar professionals, corporate executives, and others in criminal and quasi-criminal investigations and prosecutions, and has conducted internal investigations.  He has been named by SuperLawyers® as one of the “Top 100” attorneys in the New York Metropolitan area for eleven years in a row, across all practice areas. 

Jonathan has lectured extensively on trial and appellate practice and serves as the moderator of a yearly panel discussion with the Commercial Division Justices of New York County. He has served as an instructor for the National Institute for Trial Advocacy and the New York State Bar Association’s Commercial Litigation Academy. He has also served on numerous other CLE panels, including: “The Trial of a Commercial Case: Successful Techniques and Tactics,” “Trying Your First Non-Jury Case and Preserving Issues for Appeal: The Mechanics for Success,” “CIVIL RICO: Legal Overview & Tactical Considerations,” “Civil Appeals: Strategies and Process in the New York Court,” “Recent Developments in Civil Practice: CPLR and Evidence,” and “Trial of a Civil Case in Federal Court.” In 2003 and again in 2008, Jonathan participated in presentations given to the Justices of the Commercial Division at the New York State Judicial Institute at Pace University. In 2016, at the request of the New York State Office of Court Administration, Jonathan served on a CLE panel regarding the recent amendments to the Statewide Rules of the Commercial Division; the 2-part program is available on OCA’s intranet system. 

Jonathan graduated from Columbia College in 1989 with a B.A. in comparative religion and from the Columbia University School of Law with his J.D. in 1992. He served as Notes and Comments Editor and a member of the Administrative Board for the Columbia Law Review and was named by the law school as a Harlan Fiske Stone Scholar. 

Immediately after graduating from law school, Jonathan served as Law Clerk to the Honorable Edward R. Korman, United States District Judge for the Eastern District of New York. 

Jonathan is the proud father of four daughters and has been married to his college sweetheart for over three decades.  In his leisure time, he enjoys road cycling, vintage movies, and World War II history, and he studies Krav Maga.  He also holds a 1st Dan in the martial art of iaido. 

  • “How New NY Law Broadens Scope Of Party Admissions,” Law360 (January 31, 2022)  
  • “Civil Justice Playbook: New York State’s Commercial Division: The Ideal Forum for Resolving Complex Commercial Disputes,” Corporate Counsel Business Journal (September-October 2018) 
  • Author of explanatory memoranda in support of Statewide Commercial Division Rules 11-b (Categorical Privilege Logs), 11-d (Limitations on Depositions), 11-e (Responses and Objections to Document Requests), 11-f (Depositions of Entities: Identification of Matters), 11-g (Proposed Form of Confidentiality Order and Privilege Clawback Protocol), 13 (Expert Disclosure) and 14-a (Rulings and Disclosure Conferences).  Explanatory memoranda available on Unified Court System website at: http://www.nycourts.gov/rules/comments/index.shtml 
  • “Protecting the Sanctity of Silence: Client Confidences and Responding to a Grand Jury Subpoena Directed to Attorneys,” NY Litigator: A Journal of the Commercial and Federal Litigation Section of the New York State Bar Association (Winter 2003) 
  • “5K1.1 and Substantial Assistance Departure: The Illusory Carrot of the Federal Sentencing Guidelines,” 91 Columbia Law Review 1519 (1991) 
  • Member, Chief Judge’s Commercial Division Advisory Council, 2013- present, Co-Chair, Subcommittee on Procedural Rules to Promote Efficient Case Resolution 
  • Member, New York County Independent Judicial Screening Panel for State Supreme Court Vacancies, 2014  
  • Senior Fellow, Litigation Counsel of America, 2015-present  
  • New York State Bar Association (Committee on Court Structure and Operations, 2011-2012, Commercial and Federal Litigation Section, Chair, 2010-2011, Chair-Elect, 2009-2010, Vice-Chair, 2008-2009, Member, Executive Committee, 2000-present, Co-Editor, Commercial Division Law Report (in cooperation with the New York State Office of Court Administration), 2006-2009, Editor, NY Litigator, 2000-2005, Co-Chair, Civil Prosecutions Committee, 2005-2006, Recipient, Chair’s Award for Distinguished Service to the Section, 2006)  
  • Fellow, New York Bar Foundation  
  • Association of the Bar of the City of New York (Secretary, Committee on Criminal Advocacy; Member, Subcommittee on the Federal Sentencing Guidelines, 1995-1998; Committee on the Judiciary, 1998-2001 and Interim Member, 2002; Committee on Professional and Judicial Ethics, 2001-2003)  
  • Federal Bar Council 
  • Defense at trial of a major New York City law firm in a multi-million-dollar suit alleging breach of the firm partnership agreement. 
  • Defense of a major New York City law firm in a legal malpractice action arising from alleged transactional advice rendered by one of the firm's European offices. 
  • Defense at trial of artisanal Mexican mescal manufacturer in action for alleged breach of memorandum of understanding relating to joint venturer with international spirits distributor. 
  • Representation of several major international law firms in high-profile professional liability actions in New York, including claims arising out of a public securities offering by a Chinese energy company, work in connection with FINRA enforcement proceedings, and alleged transactional advice rendered by one of the firm’s European offices. 
  • Defense of the former Chairman of the New York Stock Exchange in an action brought by the New York State Attorney General. 
  • Argued landmark case before New York Court of Appeals, upholding prerogative of a commercial landlord to insist upon a commercial tenant’s waiver in its lease of right to seek a Yellowstone injunction.  
  • Defense of former American Insurance Group (“AIG”) director in an action by AIG alleging breach of fiduciary duty. 
  • Selected to serve as part of legal team to represent senior member of the Delaware judiciary against claims brought in the United States District Court in Manhattan. 
  • Representation of the former head of the international real estate group for a venerable investment banking house in connection with a partnership dispute arising from the investment in and construction of $450 million luxury towers in Miami, Florida.  
  • Representation of a PBS member-station and an owner of an iconic children’s educational brand in litigation involving claims of trademark infringement and unfair competition against a former licensee. 
  • Representation of a high-profile hedge fund manager and philanthropist in connection with litigation arising from his investment in a theatrical production with runs both in London’s East End and Greenwich Village. 
  • Prosecution on behalf of a successful real estate management company of a multi-million-dollar fraud action against a corrupt insurance brokerage firm and its principals. 
  • Representation of a member of the Duma, the Russian Federation's lower house of parliament, in a defamation action involving charges of anti-Semitism, embezzlement, and participation in war crimes.  
  • Defense, post 9/11, of a prominent insurance brokerage firm in a $42 million malpractice action stemming from the procurement of terrorism loss interruption. 
  • Defense at trial of a major New York industrial landlord in decade-long litigation of dispute with commercial tenant. 
  • Successful prosecution at trial of a fraudulent conveyance action arising from use of a bogus promissory note to procure an improper judgment lien and wrongfully interfere with conveyance of 100% interest in a luxury East-Side condominium. The Court concluded that our firm had established actual fraud by clear and convincing evidence and granted our request for attorney’s fees. 
  • Prosecution at trial of an indemnity claim on behalf of a major plastics manufacturer against one of its suppliers. 
  • Successfully arbitrated claims brought by an investor in a Florida-based Native American casino venture against a fellow investor for non-payment of a monthly income stream; the arbitrator accelerated payment of income stream and awarded attorney’s fees, leading to a total arbitral award of approximately $7.5 million.  Secured affirmance of arbitral award before Appellate Division, First Department. 
  • Appeal to the Second Circuit of a complex antitrust action on behalf of a distributor of satellite television programming packages. 
  • Prosecution of a civil RICO action on behalf of a well-known pharmaceutical manufacturer against one of its distributors. 
  • Representation at trial of a former derivatives trader in an enforcement proceeding commenced by the Board of Governors of the Federal Reserve System. 
  • Representation of a major project management company executive in a corruption prosecution stemming from the renovation of the Post Office Building and Federal Courthouse in Brooklyn, New York. 
  • Representation of a prominent physician in prosecution stemming from the insider trading inquiry surrounding the IBM takeover of Lotus as well as before the Office of Professional Medical Conduct in connection with related licensure issues. 
  • Representation of foreign national in connection with high-profile prosecution for alleged illegal exportation of military equipment. 
  • Recognized by SuperLawyers® as one of the “Top 100” attorneys in the New York Metropolitan Area, 2013 – 2024.  
  • AV Rated by Martindale-Hubbell®, 2011-2024.  
  • Selected as a Senior Fellow in the Litigation Counsel of America, an honorary society for trial lawyers whose membership is comprised of less than one-half of one percent of all lawyers practicing in the United States, 2015.  
  • Selected for inclusion in Super Lawyers® in the field of Business Litigation from 2007 – 2024.  
  • Honored by the Commercial and Federal Litigation Section of the New York State Bar Association for contributions as Chair of the Commercial and Federal Litigation Section, New York State Bar Association, in 2011.  
  • Chairs’ Award for Distinguished Service, Commercial and Federal Litigation Section, New York State Bar Association, 2006. 
Jump to Page