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“a very astute and intelligent lawyer”
Jonathan trained at Herbert Smith, was an associate at Bird & Bird and spent 19 years as a partner in the London office of US firm Duane Morris. He Joined Charles Fussell & Co as a partner in 2020, leaving his partnership role in 2024 to focus on consultancy work. His practice includes commercial litigation and international arbitration with a particular emphasis on banking and finance disputes, intellectual property and IT disputes, as well as competition law.
Jonathan advises on systems failures, corporate disputes, competition, fraud recoveries and misrepresentation claims. He has litigated reported cases on trade secrets, confidential information and employment restrictive covenants disputes. He is also highly experienced in obtaining and defending depositions and disclosure applications (motions) in the English Courts under Hague Convention Letters of Request. He is currently part of the team on a highly complex multi-million dollar competition case against Microsoft, which is progressing in the Competition Appeal Tribunal.
Admitted as a solicitor in 1993, he has written and presented extensively in the areas of commercial litigation and information technology law. Jonathan studied law at Christ Church, Oxford from 1987 to 1990.
“clearly trusted, respected and liked by clients”
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Obtaining on behalf of Taberna Europe, an Irish company managing collateralized debt obligations, a $34 million misrepresentation judgment in the High Court against a failed Danish financial institution, Roskilde Bank. The case is reported at [2015] EWHC 871 (comm). He took the case to the Court of Appeal in November 2016 where Roskilde succeeded;
Successfully defending the Character Group Plc at the Commercial Court in November 2016 against a claim by Cepia (HK) Limited attempting to exercise a share option which was not capable of exercise. The case is reported at [2016] EWHC 3133 (Comm);
Running the trade secrets/restrictive covenants/ breach of fiduciary duties remedies case of OTS Logistics Belgium NV and others v Robert Paul Clarke and Britam Shipping reported at [2010] EWHC 3202 (QB);
Successfully defending an application for specific performance of a share sale agreement in the reported case of Capcon Holdings Plc v Edwards [2007] EWHC 2662 (Ch);
Counsel in an ICC arbitration regarding the failure of a joint venture partner to develop IT systems;
Leading the defence on a cross-border fraud case involving a sovereign wealth fund and US defendants involving US Chapter 11 protection;
Representing a UK asset manager in litigation leading to a sale of €75 million of subordinated securities to a US bank;
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"Wish You Were Here: Protecting Your Trade Secrets and Confidential Information" LinkedIn, June 9, 2020
"Bitcoin Blackmailers, Beware!" Duane Morris LLP, March 16, 2020
"Battle of the Forums: When Can UK Courts Intervene in Arbitration Award Enforcement?," Duane Morris LLP, December 20, 2019
"Open Sesame? UK Supreme Court Guidance on Non-Party Access to Court Documents," Duane Morris LLP, August 1, 2019
"Changes in UK Trade Marks Legislation Take Effect 14 January 2019," Duane Morris LLP, January 11, 2018
"Court of Appeal Waves the Offside Flag on Attempt to Extend Litigation Privilege; Duane Morris LLP, December 20, 2018
"Blue Sky Thinking on EU Trade Mark Law," Duane Morris LLP, April 13, 2018
"UK Implementation of the EU Trade Secrets Directive and Brexit; The Legal Intelligencer, October 27, 2017
"Still in Vogue?" New Law Journal, June 16, 2017
"Carrying the Can: Classifying Contempt as Unlawful Means to Impose Liability in Tort on a Conspirator," Duane Morris LLP - Cohen's Commercial Litigation Forum, April 2016
"English Law Contractual Penalty Clauses: Brought Down in the Box by the Supreme Court; Duane Morris LLP, January 7, 2016
Book Review of Professor Norman Poser's "Lord Mansfield: Justice in the Age of Reason; in May 2015 edition of Business Law International
"Choppy Waters: Requesting Discovery and Depositions in England in Support of Proceedings in the United States," Benedict Maritime Bulletin, November 2013