Harold K.Gordon

Partner

New York + 1.212.326.3740

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Harold Gordon has more than 25 years of experience successfully defending clients in multiple federal and state court jury trials, including groundbreaking trials in New York and other jurisdictions. He also has defended clients in SEC, state attorney general and internal board committee investigations, and enforcement proceedings and in high-stakes financial services and securities litigation matters. He is a member of the Firm's Training Committee.

Harold's recent representations include ongoing federal and state court financial products cases for Wells Fargo, a successful Southern District of New York trial for Monster Worldwide, a New York state court injunction proceeding for Verizon Communications, a multiweek jury trial for the R.J. Reynolds Tobacco Company resulting in a complete defense verdict, and the Audit Committee of a Nasdaq company in internal and SEC investigations. He also has represented senior executives before the New York Attorney General's Office. Prior to joining Jones Day, Harold served as a branch chief in the SEC's Enforcement Division and as a law clerk for a federal district court judge.

Harold is the pro bono partner for the New York Office. He has served as an adjunct professor of law, teaching pretrial practice, and a faculty member of the Intensive Trial Advocacy Program at Cardozo Law School. He is a Master in the Federal Bar Council's (FBC) Inn of Court program, a member of the FBC's Programs Committee and the Federal Bar Foundation's board of directors, a former FBC board member, an Advisory Fellow for The Heyman Center on Corporate Governance at Cardozo, a member of Cardozo's Board of Overseers, and a member of the Association of SEC Alumni.

Experience

  • Chinese financial institution secures early dismissal of breach of contract case filed in New York Supreme CourtJones Day helped a Chinese financial institution secure an early dismissal of a breach of contract case that plaintiffs filed in New York Supreme Court.
  • Monster obtains Second Circuit affirmance of trial court victory in multimillion dollar fees lawsuit brought by investment bank over engagement letter disputeJones Day obtained an appellate victory for technology company Monster Worldwide, Inc., which runs the online recruiting and employment website Monster.com, against Stone Key Partners LLC's claims for millions of dollars in alleged fees and expenses.
  • Wells Fargo resolves derivative and putative class action claims alleging wrongdoing with respect to 272 residential mortgage-backed securities trustsJones Day successfully resolved three putative class actions filed by institutional investors in 272 residential mortgage-backed securities (RMBS) trusts.
  • Employers at Hunts Point Produce Market reach agreement with Teamsters after week-long strikeJones Day served as lead negotiator for the association of employers at the Hunts Point Produce Market in its 2020-2021 collective bargaining negotiations with Teamsters Local 202 and provided support during a resulting week-long strike.
  • Cineworld Group completes asset monetization strategies in United States through cinema sale-leaseback transactionsJones Day advised UK headquartered, Cineworld Group PLC in connection with an asset monetization strategy in the United States involving a combined cash consideration of $556.3 million cinema sale-leaseback transactions to convert a substantial portion of Cineworld’s U.S. real estate holdings into cash to leverage its equity and optimize efficiency.
  • PAG Holdings sells minority interest to Blackstone Strategic Capital Holdings FundJones Day represented PAG Holdings Ltd., one of Asia’s largest independent alternative asset managers, in connection with its sale of a minority interest in PAG to the Blackstone Strategic Capital Holdings Fund.
  • The Port Authority of New York & New Jersey obtains highly favorable settlement with SECJones Day client The Port Authority of New York & New Jersey obtained a highly favorable settlement with the SEC in an investigation of the Port Authority's funding of $1.8 billion in New Jersey Roadway Projects.
  • R.J. Reynolds wins jury verdict in Kloppenburg "Engle progeny" trialOn November 14, 2016, following 10 days of trial, a jury in Naples, Florida returned a complete defense verdict for Jones Day client R.J. Reynolds Tobacco Company in a personal injury action.
  • Molycorp emerges from bankruptcy as Neo Performance MaterialsJones Day advised Molycorp, Inc. in the bankruptcy buyout of the company by Oaktree Capital Management, L.P.
  • Global aircraft leasing company defends against shareholder class action alleging 10b-5 claim involving financial disclosuresJones Day is representing a global aircraft leasing company in a shareholder class action alleging misleading disclosures concerning the company's business, operational, and compliance policies.
  • Verizon obtains injunctive relief against unlawful union activity during seven-week strikeJones Day assisted Verizon Communications, Inc. during a seven-week strike (April 13-May 31, 2016) by members of the Communications Workers of America ("CWA") by obtaining injunctive relief from courts in New York State and the Commonwealth of Pennsylvania and advising daily on strike misconduct and other related issues throughout the Northeast and Mid-Atlantic regions.
  • KeyCorp defends class actions alleging securities fraud and ERISA violations arising out of investments related to Bernard MadoffJones Day defended KeyCorp and an affiliate that managed a family of funds-of-hedge-funds against class actions arising out of the Bernard Madoff scandal.
  • R.J. Reynolds wins defense jury verdict on all claims in multi-week Bryant "Engle progeny" trialOn September 26, 2014, R.J. Reynolds Tobacco Company ("R.J. Reynolds") secured a complete defense verdict in a multi-week wrongful death jury trial in Hillsborough County, Florida state court seeking to recover for Hayward Bryant, Sr.'s lung cancer and death.
  • R.J. Reynolds obtains complete defense verdict following three-week jury trialJones Day client R.J. Reynolds Tobacco Company obtained a complete defense verdict following a three-week jury trial.
  • R.J. Reynolds obtains defense verdict after multi week jury trialJones Day, on behalf of R.J. Reynolds Tobacco Company, obtained a defense verdict on all claims after a three week jury trial in Miami.
  • Audit committee of technology company undergoes internal investigation involving accounting issuesJones Day is representing the audit committee of a technology company with operations in the U.S., Europe, and the Middle East to conduct an internal investigation and respond to SEC inquiries involving accounting issues including software revenue recognition and related party transactions.
  • Monster obtains pre-action discovery to advance civil claimJones Day represented Monster in a pre-action discovery petition for the purpose of identifying potential defendants in a lawsuit alleging breach of employee confidentiality agreements.
  • Hedge fund represented in insider trading investigationJones Day represented a hedge fund in an SEC investigation of alleged insider trading by one of the fund's traders.
  • Insurance company settles SEC investigationJones Day represented a specialty insurance company in an SEC investigation and settlement without financial penalties of issues concerning accounting for loss reserves.
  • Financial services firm marketing executive defends SEC investigationJones Day represented the marketing executive of an international financial services firm in the SEC's investigation of certain mutual fund market timing practices.
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    February 2024 Commentary

    Who Needs Customers, Anyway? New SEC Rules Turn Traders Into Dealers

    NOVEMBER 2023 Alert

    New York Appellate Court Holds that PSLRA Discovery Stay Applies in State Actions

    November 2022 White Paper

    Conducting an Effective Internal Investigation: An Overview

    June 2022 Alert

    Supreme Court Restricts 28 U.S.C. § 1782 Discovery in Aid of Arbitration

    April 2022 Commentary

    SEC Proposes Rules to Clarify Dealer-Trader Distinction

    January 2022 Alert

    Newly Enacted Law Ups the Ante on Mandatory Insurance Disclosure Requirements in New York State Court Litigation

    October 2021 Alert

    New York Joins Other States in Enforcement Actions Against Unregistered Virtual Currency Lending Platforms

    October 2021 Commentary

    New York Court of Appeals Rejects Consent-By-Registration Rule for Personal Jurisdiction

    July 2021 Commentary

    New York's Highest Court Interprets "Consumer" Expansively Under Consumer Protection Statute

    August 2020 Alert

    FINRA Shares LIBOR Transition Preparation Practices of Broker-Dealers
    View All

    Additional Publications

    • October 2020
      Deceptive and Misleading Business Practices (focusing on New York's consumer protection provisions, GBL 349 and 350), Chapter 127 in Commercial Litigation in New York State Courts (Robert L. Haig's treatise), Fifth Edition

    Speaking Engagements

    • June 14, 2018
      Blockchain and the Law: Towards a Responsible Blockchain Sector
    • June 7, 2018
      Federal Bar Council Presents "Ethics For Social Media"
    • May 3, 2018
      New York State Bar Association Trial Practice Webinar Series
    • February 1, 2018
      New York Attorney General and New York Department of Financial Services 101: What You May Want To Know, But Were Afraid To Ask
    • December 13, 2017
      PLI's NY Attorney General and NY Department of Financial Services: Statutory Authority and Recent Initiatives Impacting the Financial Services Industry
    • December 7, 2017
      Spoofing and Manipulation: A Primer for Healthy Trading Practices
    • October 27, 2016
      Trends in New York Attorney General Enforcement: Important Developments for All Corporate and White Collar Attorneys
    • October 19, 2016
      PLI's FIRREA: How the Government is Using the Act to Investigate and Prosecute Financial Institutions for Fraud
    • June 29, 2016
      New York's Martin Act and the Impact on Your Business, Mortgage Bankers Association Webinar
    • July 18, 2013
      The New York State Department Of Financial Services: How and Why Banks and Other Public and Private Financial Institutions Must Keep Close Tabs on this New Aggressive Regulator, West LegalEdcenter
    • April 26, 2012
      PLI’s Handling a Securities Case 2012: From Investigation to Trial and Everything in Between
    • August 12, 2008
      The SEC's Reaction to the Credit Crisis: Overview and Analysis, West Legalwork
    • July 24, 2008
      The SEC's Pursuit of Secondary Actions After Stoneridge, West Legalwork
    • April 30, 2007
      Working with that Private Eye: How Investigators Assist Attorneys Across Practices and the Boundaries of Permissible Investigative Conduct, Cardozo School of Law sponsored Ethics CLE Program
    • October 5, 2006
      Conducting Forensic Investigations - Detecting, Responding to and Preventing Financial Fraud, Deloitte & Touche USA LLP sponsored conference
    • July 15, 2003
      Mass Torts for Wall Street, LEXIS/NEXIS sponsored conference

    • In-house presentations to broker-dealer sales and training personnel on various legal and compliance issues

    • Various in-house CLE presentations covering deposition and motion practice, demonstrative trial exhibits, and other litigation practice topics

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