Jonathan Bach

Practice Areas

Jonathan Bach is one of the nation’s leading trial lawyers. Over the past 30 years, he has handled numerous high profile criminal and civil trials in federal and state courts throughout the country. He has successfully represented prominent Wall Street professionals, public officials, entertainment figures, as well as a range of public, private, and non-profit entities. A past President of the New York Council of Defense Lawyers, his practice focuses on white collar criminal defense and complex business litigation, including high-stakes trade secrets and other bet-the-company disputes.

A fellow of the American College of Trial Lawyers, and ranked among Lawdragon’s 500 Leading Litigators in America, Jonathan has long been recognized in Chambers USA, Best Lawyers in America, Euromoney’s Guide to the World’s Leading White Collar Crime Lawyers, Legal 500 US, Benchmark Litigation, and New York SuperLawyers. He has represented both domestic and foreign clients in regulatory investigations, grand jury investigations, corporate internal investigations, arbitrations, and numerous contested litigations.

In his criminal defense practice, Jonathan has obtained numerous trial acquittals and helped many individuals and entities avoid charges altogether. He has also authored amicus briefs for the United States Supreme Court and testified before the Senate Judiciary Committee.

In his civil practice, Jonathan has successfully represented defendants in many trial and arbitration proceedings. He has led litigations concerning securities and financial fraud, civil rights violations and discrimination, trade secret misappropriation, and various business torts and contract disputes, as well as international, cross-border, and Section 1782 matters.

Early in his career, Jonathan served in the Federal Public Defenders Office in the Southern District of New York, where the majority of his trials resulted in acquittal or hung juries. Later, in his pro bono practice, he obtained the acquittal of defendant David Lemus in a high profile murder trial that has been the subject of extensive media coverage and two television documentaries following numerous law enforcement investigations. The New York Times called the case “one of the more notorious and vexing trials of the last 20 years in New York.” As part of the defense, Jonathan succeeded not only in clearing his own client, but in identifying and obtaining a witness-stand confession from the actual murderer.

Before joining Shapiro Arato Bach, Jonathan was the Partner-in-Charge of the New York office of a major international law firm.

Professional Memberships

Fellow, American College of Trial Lawyers.

Past President, New York Council of Defense Lawyers.

Vice Chair, Board of Directors, Federal Defenders of New York.

Testified before Senate Judiciary Committee in April 2015 to address aspects of the asset forfeiture laws and their effect on the criminal justice system.

Author of amicus brief concerning Fifth Amendment rights and criminal forfeiture quoted and discussed by the United States Supreme Court in Kaley v. United States, 134 S. Ct. 1090 (2014).

Author of amicus brief in United States v. Fazio, 770 F.3d 160 (2d Cir. 2014), concerning the ability of district courts to excuse sitting jurors before a trial has been completed.

Co-author of amicus brief in United States v. Hoskins, 902 F.3d 69 (2d Cir. 2018), in which the Second Circuit held, in a matter of first impression, that there is no aiding and abetting or conspiracy liability under the Foreign Corrupt Practices Act.

Author, “Insider Trading Case Raises Concerns About Judicial Assignment,” New York Law Journal, Sept. 30, 2013.

Panel Presentation on recent developments in conspiracy law for National Association of Criminal Defense Lawyers.

Panel Presentation, “Trials in the 21st Century:Legal and Practical Issues Presented by the Electronic Age,” concerning the use of social media and electronic devices in the jury selection process.

Author, “SDNY Takes New Tone In Judicial Assignment In Insider Trading Case,” New York Law Journal, June 16, 2017.

Clients

WHITE COLLAR AND REGULATORY DEFENSE

Representation of prominent rare book and manuscript dealer in case involving alleged theft of handwritten lyric sheets for the Eagles song “Hotel California,” resulting in all charges being dropped mid-trial.

Representation of finance professional in high profile insider trading trial in Southern District of New York involving merger of a SPAC with Trump Media & Technology Group.

Representation of public official in Department of Justice, State Assembly, and Congressional investigations concerning the calculation of COVID nursing home deaths in New York.

Representation of big-four accounting firm in Department of Justice and SEC investigations.

Representation of political party in high-profile grand jury investigation concerning allegations of campaign finance fraud.

Representation of chair of audit committee of large public company in connection with SEC investigation of accounting fraud.

Representation of individual charged with bribery and fraud in case concerning allegations of corruption in NCAA basketball.

Representation of senior officer of foreign corporation in FCPA investigation concerning Petrobras.

Representation of individual at BNP Paribas in trade sanctions investigation.

Defense of former senior partner at international law firm in high profile securities fraud trials and appeals concerning the collapse of Refco, and in related SEC proceedings and civil lawsuits.

Defense of NYSE specialist in criminal securities fraud trial and related SEC and NYSE enforcement proceedings, ultimately resulting in acquittal on all counts.

Representation of major financial institution in DOJ and SEC investigations relating to the collapse of financial markets in mortgage-backed securities.

Representation of individual charged with violating the Foreign Corrupt Practices Act by allegedly siphoning $87 million in proceeds from the sale of oil rights in the Republic of Kazakhstan.

Representation of investment banker in high profile obstruction of justice trials in the Southern District of New York and related NASD enforcement proceedings.

Representation of former Vice President of Finance of Adelphia Communications Company in connection with a grand jury investigation of securities fraud and bank fraud, related SEC investigation and trial proceedings.

Representation of overseas entity in the first prosecution of an internet gaming company in the United States.

Representation of former chair of audit committee of public company based in China in SEC investigation concerning securities fraud.

Representation of defendant in insurance fraud prosecution in Southern District of New York described in the government’s press release as “the largest no-fault insurance federal prosecution in history.”

COMPLEX CIVIL LITIGATION

Successfully represented biotechnology company in defense of trade secret and related civil claims.

Successfully defended family members of high-ranking foreign political official in a fraud and estate dispute.

Successfully defended Bloomberg in patent and trade secret dispute in Southern District of New York.

Successfully defended technology start up HYPR in founders’ dispute trial in Southern District of New York.

Successfully defended Thermo Fisher Scientific in trade secrets litigation in Southern District of New York and in related appeal before the Second Circuit.

Defense of large oil and gas services company in civil jury trial in Southern District of New York concerning contracts for the procurement of raw materials originating in India.

Defense of non-profit charitable organization in a civil jury trial in Los Angeles superior court involving allegations of improprieties by one of the organization’s leaders.

Defense of Lumber Liquidators in securities class action and consumer class action litigation in the Eastern District of Virginia.

Defense of Pilot Thomas Logistics, one of the nation’s premier providers of fuel and chemicals to the energy, marine and mining industries in litigation in Connecticut and the Western District of Oklahoma concerning misappropriate of trade secrets and unfair competition.

Defense of Ventrus Biosciences, Inc. in securities fraud litigation in the Southern District of New York.

Defense of public life sciences company in breach of contract litigation in Delaware Chancery court.

Defense of private international bank in civil matter involving Madoff funds.

Representation of private fintech company in achieving a preliminary injunction against a former employee based on claims of trade secret misappropriation in the Southern District of New York.

Represented medical machine manufacturer in jury trial in New York state court concerning claims for breach of contract and breach of warranty.

Representation of large technology-based real estate company in trade secret misappropriation and breach of contract litigation in the Southern District of New York.

Defense of Zipcar against alleged violations of Americans with Disablities Act in Southern District of New York.