|
|
 |
Jonathan Sablone
Partner
Co-Chair, Alternative Investment Litigation
|
Experience
Jonathan Sablone is a litigation partner at Nixon Peabody, splitting his time between the firm’s Boston and New York offices. Mr. Sablone is a cum laude graduate of Harvard College and Boston College Law School. Mr. Sablone chairs both the firm’s Alternative Investment Litigation Team and its E-Discovery Committee. He represents large companies in complex commercial litigation matters, as well as hedge funds and institutional investors in alternative investment vehicles. Mr. Sablone is a Martindale Hubbell “AV” rated trial attorney and has been named a “Rising Star” three years running by Boston magazine as part of its annual “Super Lawyer” survey of Massachusetts attorneys. Recently, Mr. Sablone was named to the Boston Business Journal's prestigious "40 Under 40" list for 2008, recognizing business men and women who are under 40 years old and have established themselves as leaders to be watched in their fields.
Mr. Sablone has achieved numerous successful litigation results in high-profile cases, including:
- Obtaining a precedent-setting decision from the First Circuit Court of Appeals for Corning in an “undertaking” matter against a former director who was found civilly liable for insider trading in a case brought by the SEC
- Obtaining a precedent-setting decision from the Massachusetts Supreme Judicial Court on behalf of corporate taxpayers, among others, in a first-of-its-kind claim alleging violation of substantive due process rights against the Massachusetts Department of Revenue
-
Represented New Habitat Inc., a non-profit organization for persons with traumatic brain injuries, in a pro bono matter concerning payment of real estate taxes to the City of Cambridge, Massachusetts. Nixon Peabody won a Supreme Judicial Court ruling exempting this organization from any payment of real estate taxes.
- Obtaining defense judgments, after trial, for Thermo Electron and Allied-Signal in an environmental cost recovery action
- Successfully defending Tyco in a post-acquisition dispute against a French conglomerate, as well as numerous claims brought against various companies within Tyco’s Engineered Products and Services Division
- Obtaining a first-in-the-nation judgment for Cingular Wireless in a consumer class action relating to “rounding” of airtime minutes
- Successfully representing Boston Capital in a number of limited partnership disputes relating to the rights of investment limited partners
- Obtaining a significant jury verdict and judgment for a corrugated box manufacturer in a post-acquisition dispute.
Alternative Investment Litigation
Mr. Sablone is the cochair of Nixon Peabody’s Alternative Investment Litigation Team, a cross-disciplinary group of attorneys from across the firm’s national markets and practice groups. Mr. Sablone represents limited partnerships, investors, and partners in transactional and litigation matters related to limited partnership investment vehicles, including hedge funds. He has extensive knowledge regarding the legal and business purposes of these partnerships, as well as limited partnership acts, receivership law, fiduciary duties, trading fraud, and accounting issues.
Mr. Sablone has published several articles relating to alternative investments, including:
- “Lessons from Lehman: Hedge Funds and Redemption Risk,” Nixon Peabody Alternative Investment Litigation Alert, October 10, 2008
- “Problems and Opportunities in the Credit Default Swap (CDS) Market,” Nixon Peabody Alternative Investment Litigation Alert, September 17, 2008
- “Sub-prime pain burns on a ‘slow fuse,’” Hedge Funds Review, February 2008
- “Insider Trading and Credit Derivatives: A New Take on an Old Crime,” Financier Worldwide, April 2007
-
“Hedge Fund Risk: The Intersection of Valuation and Redemption,” High Yield Report; Bank Loan Report, March 2007
-
“The Inevitability of Hedge Fund Regulation in the US,” Butterworths Journal of International Banking and Financial Law, February 2007
-
“Hedge Fund Due Diligence: A US Litigator’s Perspective,” International Investment & Securities Review 2007
-
“Hedge Funds: Five Issues for Institutional Investors to Consider,” Financier Worldwide, October 2006.
Mr. Sablone is also a regular speaker on institutional investor issues at industry events:
-
Strafford Publications Audio Conference, Credit Default Swaps Under Fire –Guiding Financial Institutions and Investors Through The Credit Derivatives Crisis, (October 21, 2008)
-
The Boston Security Analysts Society (BSAS), Repricing Risk: The Role Hedge Funds in the Ongoing Credit Crisis, Boston, MA (September 11, 2008)
-
National Association of Securities Professional's 19th Annual Pension and Financial Services Conference, Trustee Duties and the Alternative Investment Marketplace, Philadelphia, PA (June 23, 2008)
-
Suffolk University Law School, The Fallout from the Subprime Lending Crisis, Repricing Risk: The Role of Hedge Funds in the Credit Crisis, Boston, MA (May 19, 2008)
-
Institute for International Research, Third Annual GAIM Cayman, Mitigating Leverage and Credit Risk by Effectively Using and Knowing the Responsibility of Counterparties, Grand Cayman, Cayman Islands (April 14, 2008)
-
Opal Financial Group’s Alternative Investing Summit, Laguna Niguel, CA (December 2, 2007)
-
Joint Seminar with Kinetic Partners: Stress, Distress, Redress, Mayfair, London (October 2, 2007)
- Opal Financial Group’s Family Office / Private Wealth Management Forum: Hedge Fund Manager Selection. Newport, RI (July 11, 2007)
- Infovest21 Institutional Investor Conference: Hotel California Investors Can Check Out Any Time They Like, But They Can Never Leave. New York, NY (April 16, 2007)
- Opal Financial Group’s Public Funds Summit: Hedge Fund Manager Selection and Management Issues. Scottsdale, AZ (January 10, 2007)
- Opal Financial Group’s European Alternative and Institutional Investing Summit: Disputes Between and Among Investors, Managers and Government Regulators. Monte Carlo, Monaco (October 25, 2006)
Mr. Sablone’s expertise on such issues has been widely sought by trade journals and industry publications, as well as the business press, where he is frequently quoted:
-
“New discovery rule to curb accidental privilege waivers,” Massachusetts Lawyers Weekly and Rhode Island Lawyers Weekly, September 29, 2008
-
“Swaps market could be steamrolled by regs,” Financial Week, September 28, 2008
-
“Systemic Risk Haunts Credit-Default Swaps,” CFO, September 18, 2008
- “State Supreme Judicial Court rules city can’t tax home” Cambridge Chronicle, July 8, 2008
- “A Big Fat Mess: When Hedge Funds Fail” The Deal, August 31, 2007
- “Fraud? What Fraud?” The Deal, August 31, 2007
- “Hedge Funds Brace for Tough Day” The Deal.com, August 16, 2007
- “Investors Mull How to Get Out of Hedge Funds” Wall Street Journal, August 15, 2007
- “Subprime Mess May Spur Regulation” The Deal.com, August 3, 2007
-
“Balestra Capital: When Subprime is a Win” HedgeWorld, August 03, 2007
-
“Loan Data, Hedge Fund Fallout Keep Derivative Index” Dow Jones Newswires, June 26, 2007
-
“SJC Ruling Opens Door For Bigger Excise Tax Refund,” Boston Business Journal, March 16, 2007
-
“Stats on Opinion Output by USDC Judges Has Some Crying Foul,” Massachusetts Lawyers Weekly, February 12, 2007
-
“Corning NetOptix Wins Legal Fee Fight,” InsideCounsel, January 1, 2007
-
“Recouping Exec’s Legal Fees Is Easier,” National Law Journal; law.com, November 2006
- “Do Firms Pay Legal Tab For Officers In Trouble? Depends,” Boston Globe, November 8, 2006
-
“Corning Win,” trial.com, November 8, 2006
-
“Hedge-Fund Litigation Set To Rise As Regulators Probe,” Dow Jones Newswires, May 2, 2006
-
“Director Must Reimburse Company For Legal Fees,” Massachusetts Lawyers Weekly,” December 19, 2005
E-Discovery
Mr. Sablone also chairs Nixon Peabody’s e-discovery committee and sits on the advisory board of LexisNexis Applied Discovery, one of the leading e-discovery firms in the United States. Through Mr. Sablone’s efforts, the firm has developed an integrated approach that standardizes the electronic discovery process across all of the firm’s offices and litigation practice groups. Mr. Sablone works closely with clients’ in-house counsel and information technology professionals, providing guidance in litigation preparedness, evidence preservation, and electronic data collection, review, and production. His grasp of relevant regulations, successful practices, and proven strategies turns e-discovery from a costly burden to a competitive strength for clients.
Mr. Sablone has published several articles relating to e-discovery, including:
-
“The Duty to Preserve Electronic Evidence: You Got to Know When to Hold ’Em,” Mealey’s Litigation Report: Discovery, June 2007
-
"Not Your Father’s Keeper Deposition: – Choosing a Witness for the E-Discovery Rule 30(b)(6) Deposition,” The Discovery Standard, May 2007.
Mr. Sablone is regularly sought after as a speaker on e-discovery issues at industry events:
-
The International Quality and Productivity Center: Providing Updates on Recent Rulings and Examining the General State of the E-Discovery Landscape, Las Vegas, NV (May 6, 2008)
-
The International Institute for Conflict Prevention & Resolution: E-Discovery in Arbitration. Boston, MA (October 25, 2007)
-
LexisNexis Applied Discovery Series Featuring the Experts: Trial, Case Law & Practitioners: The Practitioners to Watch, Webinar (July 24, 2007)
- ALM LegalTech West Coast Conference: Building Effective Litigation Support Teams & Processes. Los Angeles, CA (June 21, 2007)
- ALM LegalTech West Coast Conference: Developing an Effective E-Discovery Action Plan. Los Angeles, CA (June 20, 2007)
- IQPC Securities Litigation Conference: Managing Costs in E-Discovery for Securities Litigation. New York, NY (May 18, 2007)
- American Conference Institute’s E-Discovery & Litigation Readiness for Life Sciences: Document Management and E-Discovery in International Transactions. New York, NY (February 28, 2007)
- ALM LegalTech New York Conference: Technology Revolution for On-Boarding New Associates. New York, NY (January 30, 2007)
- Nixon Peabody Annual California Continuing Legal Education Seminar: Understanding the E-Discovery Federal Rules. San Francisco, CA (January 25, 2007)
- Infocrossing E-Discovery Conference: E-Discovery New Law Alert. Webinar (December 13, 2006)
- Harvard Law School and the Berkman Center for Internet & Society: Legal Education in a Networked World. Cambridge, MA (December 7, 2006)
- LexisNexis Applied Discovery E-Discovery Issues for Corporate Counsel: Forming an E-Discovery Committee. New York, NY (November 9, 2006)
- Massachusetts Continuing Legal Education: Pre-Trial Litigation, the Litigation Associate and the E-Discovery Process. Boston, MA (October 5, 2006)
- Association of Corporate Counsel New to In-House Committee: E-Discovery Best Practices. Webinar (August 16, 2006)
- LexisNexis Applied Discovery Best Practices Conference: Developing an E-Discovery Action Plan. New York, NY (June 15, 2006)
- LexisNexis Applied Discovery Advanced E-Discovery Conference: Rule 30(b)(6) Technology Depositions. Boston, MA (May 16, 2006)
- Mealey’s E-Mail Discovery and Retention Policies Conference: Managing the Risk of Using E-Mail, E-Mail Retention Policies and E-Mail Discovery Issues. New York, NY (March 20, 2006)
- LexisNexis Applied Discovery Best Practices Conference: E-Discovery Best Practices and Ethical Considerations. Washington, DC (March 16, 2006)
Mr. Sablone’s expertise on E-Discovery issues has been widely sought by trade journals and industry publications, as well as the business press, where he is frequently quoted:
-
“New Skills, New Learning: Legal Education and the Promise of Technology,” White Paper, The Berkman Center for Internet & Society at Harvard Law School, March 2007
-
“The Age of e-discovery,” OpRisk & Compliance magazine, February 1, 2007
-
“E-discovery Rules Signal New Era in Federal Practice,” Rhode Island Lawyers Weekly, January 22, 2007
-
“E-discovery Rules Signal New Era in Federal Practice,” Massachusetts Lawyers Weekly, December 11, 2006
Community Service
As part of a commitment to give back to the community, Mr. Sablone has dedicated substantial time to pro bono matters, including the representation of a home for brain damaged individuals in a tax dispute against a municipality. Mr. Sablone also volunteers his time as a faculty member at Massachusetts Continuing Legal Education, where he teaches courses related to discovery and deposition practice. Mr. Sablone is also a past board member and secretary of the Starlight Starbright Children’s Foundation of New England, a nonprofit organization that seeks to improve the lives of seriously and terminally ill children. Mr. Sablone also serves as a volunteer alumnus interviewer for the Harvard and Radcliffe college admissions committees.
Admissions
Mr. Sablone is admitted to practice law in all of the state courts of the Commonwealth of Massachusetts and New York State, as well as a number of federal district and appellate courts, including the United States Supreme Court.
Education
Boston College Law School, J.D.
Harvard College, A.B., cum laude
Affiliations
Mr. Sablone is a member of the Massachusetts, New York State, Boston, and American bar associations.
Mr. Sablone makes his home in North Reading, Massachusetts, with his wife, Kathleen, and their two boys, Paul and Andrew.
|
|
