Jonathan Schiller is a co-founder and a managing partner of Boies, Schiller & Flexner LLP. He concentrates on complex litigation and international arbitration.
Mr Schiller has tried cases for 40 years before juries and judges in federal and state courts in the United States and before arbitral tribunals in Europe, Asia and the United States. Mr Schiller has also served as an arbitrator in ICC, UNCITRAL, AAA and ad hoc arbitrations. He was cited in Chambers Global 2005 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 recognised Mr Schiller as one of the most highly regarded individuals, naming him “the real deal” in their listing of the top ten international commercial litigators for 2011.
Mr Schiller leads the Libor defence of Barclays in numerous lawsuits filed after the bank’s US$453 million Libor settlement, including 20 class actions; an action regarding Yen Libor; and a securities fraud action, all in the Southern District of New York. Mr Schiller also defended Barclays in “dark pool” litigation brought by the New York State Attorney General in July 2014. Mr Schiller represented Barclays in a six-year litigation that began with a trial in the US Bankruptcy Court against the Lehman estate in 2009–2010, and concluded in 2015 with the completion of Barclays’ recovery of $8 billion in purchased assets from Lehman. Mr Schiller represents fantasy sports website DraftKings in various jurisdictions which challenged the legality of the multibillion dollar daily fantasy sports business. New York, Massachusetts and other states have subsequently legalised this activity.
Mr Schiller won a March 2014 FINRA arbitration award for Goldman Sachs in California that rejected US$300 million in claims of fraud brought by co-founders of Marvell Technology Group Ltd. Mr Schiller is defending Goldman Sachs & Co presently in several cases asserting claims for fraud in connection with Goldman Sachs’s sale of collateralised debt obligations (CDOs). Mr Schiller successfully defended Goldman Sachs & Co in 2006 against New York Stock Exchange seat holders who sought to enjoin NYSE’s merger with Archipelago Holdings.
In a closely watched dispute between the New York Yankees and the country’s largest ticket reseller, StubHub, Mr Schiller won a court order preventing StubHub from opening a storefront near Yankee Stadium days before the start of the 2013 Major League Baseball Season.
Clothing magnate Tory Burch retained Mr Schiller in 2012 in a closely watched dispute in Delaware Chancery Court 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 2013.
Mr Schiller was lead counsel for the successful defence of the Bank of New York Mellon against a US$22.5 billion RICO Claim brought by the Russian Federal Customs Service in the Moscow Arbitration Court. After two years of litigation, including a trial in Moscow, the case was settled for US$14 million – less than 1 per cent of claimed damages. The result was hailed by the analyst community as a “grand slam home run”.
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 US$1.05 billion was achieved for the class. Mr Schiller also led the defence of Qwest Communications International Inc in its class action securities litigation in federal court and in “opt out” state court cases across the United States.
Mr Schiller is chair of the board of trustees of Columbia University. In 2012, Mr Schiller received the Alexander Hamilton Medal for “distinguished service and accomplishment” from Columbia College. In 2006, Mr Schiller received the John Jay Award for “distinguished professional achievement” from Columbia College. 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.
WWL says: Jonathan D Schiller is known for his “comprehensive advice which always takes the bigger picture into account”.
This biography is an extract from Who's Who Legal: Litigation which can be purchased from our Shop.