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Jonathan Kinney

Jonathan M. Kinney

Partner
About

Jon Kinney's practice focuses on high-stakes complex business and commercial litigation in defensive and affirmative postures, white collar defense, and government-facing and internal investigations. Jon primarily serves clients in the insurance, reinsurance, and financial services sectors.

Jon's clients include global organizations, independent business units of global insurance and financial services groups, and individuals in civil litigation in state and federal courts across the United States, in mediation and arbitration proceedings before US and international alternative dispute resolution organizations, and in connection with investigations by state and federal regulatory, civil, and criminal agencies. Jon regularly advises clients in particularly complex circumstances implicating several of these practice areas, including in private civil disputes that grow out of or are parallel to related regulatory and/or criminal proceedings.  Jon helps those clients to protect their interests and carefully address and balance the overlapping and competing considerations in such circumstances.

Bar admissionsNew JerseyNew York
CourtsUnited States District Court for the Eastern District of New YorkUnited States District Court for the Southern District of New YorkUnited States District Court for the District of New JerseyUnited States District Court for the Southern District of OhioUnited States Court of Appeals for the Sixth Circuit

EXPERIENCE

  • Represented insurer as national coordinating counsel and direct litigation counsel in internal investigation and numerous matters in state and federal courts across the United States arising out of legacy insurance portfolio liabilities of an acquired insurance company following insolvency of reinsurer responsible for that portfolio
  • Represented Lloyd's of London managing agents and syndicates in connection with regulatory enforcement action by New York Department of Financial Services, New Jersey Department of Banking and Insurance, and other regulatory agencies, and related litigation commenced by the National Rifle Association in the U.S. District Court for the Northern District of New York
  • Represented Lloyd's of London managing agents and syndicates in connection with global COVID-19 response and regulatory analysis and coverage litigation in state and federal courts across the United States
  • Represented global insurance group and independent business units in an internal investigation and dispute concerning alleged breaches of contract, breaches of representations and warranties, and related claims arising from a Loss Portfolio Transfer Retrocessional Agreement for $600 million Asbestos, Pollution, and Health Hazard liabilities
  • Represented global insurer in the U.S. District Court for the Southern District of Ohio defending claims by insureds and insurer cross-claimants for alleged liabilities arising from legacy insurance policies following insolvency of insurer responsible for those claims and related internal investigation of decades of historical corporate transactions affecting liability
  • Represented global insurer in the U.S. District Court for the Northern District of Texas defending declaratory judgment, breach of contract, and bad faith claims by the Trustee for the BSA Settlement Trust arising from the bankruptcy reorganization plan of the Boy Scouts of America and related scouting abuse claims, internal investigation, and Trustee implementation of reorganization plan claims resolution proceedings
  • Represented private equity firm in earn-out and put/call dispute with a borrower/stock issuer in Delaware Chancery Court and related JAMS arbitration and accounting arbitration arising from loan transaction agreements
  • Represented Paycheck Protection Program lender in connection with government investigation, civil enforcement proceedings, and related dispute arising out of approximately $7 billion loan portfolio
  • Represented Demand Review Committee of bank holding company in connection with internal investigation in response to shareholder demand letter and related litigation in the U.S. District Court for the Eastern District of Michigan
  • Represented international technology, artificial intelligence, and machine learning company in civil litigation in the U.S. District Court for the Southern District of New York defending against allegations of unlawful employment practices, and in separate civil litigation in New Jersey state court to recover Company property and data from former employee
  • Represented Big Three automaker in pursuing recovery from automotive parts makers of hundreds of millions of dollars in damages arising from the conduct at issue in In re Automotive Parts Antitrust Litigation by way of negotiation, mediation, arbitration, and litigation in the U.S. District Court for the Eastern District of Michigan
  • Represented publicly traded energy transportation company in civil litigation in the U.S. District Court for the District of North Dakota related to ongoing transnational pipeline construction
  • Represented association of large NYC luxury condominium building in dispute with condominium developer and related vendors
  • Represented national property developer in litigation in the U.S. District Court for the Southern District of Florida against real estate development joint venture partner
  • Represented Port Authority of New York and New Jersey in connection with investigation of response to winter weather at John F. Kennedy International Airport
  • Represented individual victim of theft of high-value art in recovering art from federal authorities in possession of art as proceeds of crime and defending against competing claims of ownership
  • Represented major international hotel company in civil litigation defending against allegations relating to human trafficking in the U.S. District Court for the Eastern District of New York
  • Represented surety in civil litigation in the U.S. District Court for the Northern District of California defending against allegations of violations of state and federal antitrust statutes in In re California Bail Bond Antitrust Litigation
  • Represented business-to-business financial services firm in connection with internal investigation related to counter-party borrower's alleged criminal fraud
     
Education
  • J.D., Rutgers School of Law, Newark, 2013
    Senior Articles Editor, Rutgers Law Review
    Board Member, Rutgers Moot Court Board
  • B.A., Political Science, Rutgers University, 2010
    summa cum laude

Awards

  • Ones to Watch – Criminal Defense: White Collar, Best Lawyers, (2021-2024)
  • Ones to Watch – Commercial Litigation, Best Lawyers, (2023-2024)

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Pro Bono

Jon is committed to pro bono work.  He has successfully represented Afghan and Syrian asylum seekers in obtaining asylum and then permanent residency status, migrant children seeking Special Immigrant Juvenile Status, and other pro bono immigration work. Jon currently represents multiple Veterans seeking discharge upgrades from the Army and Navy Discharge Review Boards and other benefits from the U.S. Department of Veterans Affairs. He recently assisted a Marine Veteran, and a Navy Veteran and survivor of military sexual trauma, in obtaining discharge upgrades from "Other Than Honorable" characterizations of service to full "Honorable" discharge statuses pursuant to unanimous decisions of respective Discharge Review Boards. Jon has represented a plaintiff class of foster children and their relative foster parents across the state of Ohio in the U.S. District Court for the Southern District of Ohio, seeking to enforce federal law requiring payment of foster care maintenance payments to those families. Jon has represented a non-profit organization, whose mission is to mitigate food insecurity, in successfully obtaining a change to Department of Defense regulations concerning the Basic Needs Allowance and expanding access to food security and nutritional assistance benefits available to active duty servicemembers, who face food insecurity at the alarming rate of nearly three times the rate of the general population. Jon serves on the Pro Bono Committee for DLA Piper's New York Office.

Prior Experience

Prior to joining DLA Piper in April 2018, Jon was an associate with a New York-based national law firm. There he handled an array of commercial litigation matters, ranging from single breach-of-contract claims to years-long antitrust recovery work for a Big Three auto manufacturer, among other high-stakes disputes.

Government Experience

Prior to obtaining his undergraduate and law degrees, Jon served as an enlisted member of the United States Marine Corps, completing his enlistment as a Sergeant after serving for four years, including two tours in Iraq in support of Operation Iraqi Freedom in 2004-2006.

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