Jonathan Misk is a litigation associate at Hughes Hubbard & Reed LLP. His practice focuses on the conduct of anti-corruption investigations and due diligence efforts for global clients as well as the defense of major product liability actions. He has also represented clients in the defense of professional liability and employment actions.
Since 2016, Jonathan has worked with Hughes Hubbard’s anti-corruption and internal investigations practice group, focusing on global risk assessment and compliance matters.
Prior to that time, Jonathan primarily defended products liability actions, participating in all phases of litigation, including informal investigation, discovery, depositions, pleading, dispositive and other motion practice, and the jury trial. He has also advised clients on strategy for settlement and has participated in settlement negotiations.
Jonathan has extensive experience successfully handling complex legal issues and appellate preservation at the trial court level, including briefing and arguing Daubert, dispositive, trial procedures, in limine, directed verdict, and post-trial motions. From 2013 through 2015, he served on eight trial teams in both state and federal court, including as lead legal issues attorney in one of those trials, in the defense of smoking-and-health litigation in which the plaintiffs asserted claims for strict liability, negligence, breach of warranty, fraudulent concealment, conspiracy to commit fraudulent concealment, and punitive damages. Jonathan and the legal issues attorneys were responsible for briefing and arguing pretrial motions, identifying and arguing evidentiary and legal issues, preserving error for appeal, preparing bench memoranda and motions submitted during trial, and briefing directed verdict and post-trial motions.
In 2014, Jonathan was a member of the trial team representing a major American pharmaceutical company in its successful defense of an action in Massachusetts federal court arising out of injuries allegedly caused by the plaintiff’s ingestion of diet drugs. Prior to and during trial, Jonathan served as the primary legal issues associate and assisted the trial attorneys in preparing for witness examinations and legal arguments. The complete defense verdict was the first such verdict in a case alleging that the plaintiff had developed primary pulmonary hypertension from ingesting diet drugs where the jury considered both liability and causation issues simultaneously.
Jonathan has also maintained an active pro bono practice, taking depositions for the New York City Law Department and successfully representing clients in administrative matters before the Social Security Administration, the Department of Veterans Affairs, and the Citizenship and Immigration Services, as well as in housing, landlord-tenant, and family matters. He also represents clients through the Clemency Project seeking commutations of lengthy mandatory minimum sentences stemming from non-violent drug offenses that were handed down under since-revised sentencing guidelines.
American Bar Association
New York County Lawyers' Association
New York State Bar Association
Carole W. Nimaroff & Jonathan N. Misk, Beware Biosimilars: Complex Product Liability Questions for Complex Large-Molecule Biologics, DRI: For the Defense (Sept. 2016).
Carole W. Nimaroff & Jonathan N. Misk, Recent Case Law Applying the Arsenal of Powerful and Strategic Defense Mechanisms for Avoiding Protracted Litigation, DRI: Rx for the Defense, vol. 24 issue 2 (Apr. 15, 2016).
Co-presenter, Best Practices for Preservation of Issues for Appeal, Hughes Hubbard & Reed, Nov. 20, 2015
Standardizing the Principles of International Election Observation, 43 Vanderbilt Journal of Transnational Law 763 (2010).
United States District Court, Southern District of New York
United States District Court, Eastern District of New York
United States District Court, Southern District of Florida
United States District Court, Middle District of Florida
Representation of Lorillard Tobacco Co. in smoking-and-health litigation in Florida state and federal court
Cohen v. R.J. Reynolds Tobacco Co., No. 50 2009 CA 004042 XXXXMB (Fla. 15th Cir. Ct. July 10, 2013): Drafted portions of a post-trial motion resulting in an order granting a new trial based on inappropriate conduct of the plaintiff's counsel and resulting confusion over statute of limitations issues
Tersigni v. Wyeth LLC, No. 1:11-cv-10466-RGS (D. Mass. Aug. 4, 2014): Successful representation of Pfizer in diet drug litigation resulting in a complete defense verdict
Successful representation of multinational accounting firm resulting in settlement (2015-2016)
White v. Pacifica Foundation, No. 11 Civ. 2192 (PGG) (S.D.N.Y. Sept. 19, 2013): Co-authored a successful motion for summary judgment disposing of the plaintiff’s workplace discrimination and retaliation claims
Successful representation of client resulting in settlement of child custody case
Successful representation of client resulting in settlement of landlord-tenant dispute
Successful representation of a client resulting in the award of full Supplemental Security Income and Social Security Disability Insurance benefits from the Social Security Administration
Successful representation of a client resulting in the award of full benefits from the United States Department of Veterans Affairs
Successful representation of a client resulting in a grant of asylum for a Cameroonian refugee and his family fleeing political persecution