Moore & Van Allen Law Firm, Attorneys
Practice Areas
  • B.S., Chemical Engineering, Lehigh University
  • J.D., Fordham University School of Law, magna cum laude; Order of the Coif; Fordham Law Review; Fordham Law School Prize
  • New York
  • District of Columbia
  • North Carolina
  • Southern District of New York
  • Eastern District of New York
  • All North Carolina Federal District Courts
  • District of North Dakota
  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, Fourth Circuit
  • U.S. Court of Appeals, Eleventh Circuit
100 North Tryon Street
Suite 4700
Charlotte, NC 28202-4003

Jonathan M. Watkins

Member
Overview
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Jonathan Watkins represents clients in complex litigation and white collar investigations.  His litigation practice covers a wide range of commercial disputes, including intellectual property, antitrust, M&A, and securities litigation.  Mr. Watkins has extensive trial court and appellate experience; he has represented clients at trial in federal and state courts across the country and before several federal and state appellate courts.

Mr. Watkins' white collar practice focuses on representing large corporate clients in investigations by regulators, prosecutors, and enforcement agencies, including the Department of Justice and United States Attorneys' offices, the Commodity Futures Trading Commission, the Securities and Exchange Commission, the Office of the Comptroller of the Currency, and the Federal Reserve.

Before joining Moore & Van Allen, Mr. Watkins practiced with Cravath, Swaine & Moore LLP in New York City.

Representative Matters:

In the area of intellectual property, Mr. Watkins’ experience includes:

  • Representing a producer of polymer-based membranes in a complex patent infringement and antitrust dispute, Daramic, LLC v. Entek International, LLC, No. 3:11-cv-676-FDW-DSC (W.D.N.C.).
  • Representing Qualcomm in several cases before tribunals in Delaware and California in wide-ranging, high-stakes patent licensing disputes with Nokia and Broadcom involving the 2G and 3G cellular wireless standards. Mr. Watkins served on trial teams in a matter before an international arbitration tribunal and in a matter before the U.S. District Court for the Central District of California.
  • Representing IBM in a multi-billion dollar breach of contract and copyright infringement action regarding the Linux operating system, SCO Group Inc. v. International Business Machines Corp., No. 2:03-cv-00294 (D. Utah).
  • Representing the preeminent statistical arbitrage hedge fund in an action against former employees and their new employer to protect trade secrets.
  • Representing LendingTree before the North Carolina Business Court and the North Carolina Supreme Court in a trade secret dispute.

Mr. Watkins’ shareholder and M&A litigation experience includes:

  • Representing certain independent directors of Reynolds American before the North Carolina Business Court and the North Carolina Court of Appeals in litigation regarding Reynolds American’s $27.4 billion acquisition of Lorillard.
  • Representing The Fresh Market and its directors before the North Carolina Business Court and the Middle District of North Carolina in litigation regarding The Fresh Market's agreement to be acquired by affiliates of Apollo Global Management for $1.36 billion.
  • Representing Credit Suisse and Deutsche Bank in Texas and New York in litigation regarding the failed Hexion-Huntsman merger, including in Hexion Specialty Chemicals, Inc. v. Credit Suisse, Cayman Islands Branch, Index No.114552/08 (N.Y. Sup. Ct.), where Hexion sought specific performance of $15.4 billion of financing commitments, and at jury trial in Huntsman Corp. v. Credit Suisse Securities (USA) LLC, No. 08-09-09258 (9th Dist. Tex.), where Huntsman sought $4.65 billion in compensatory tort damages.
  • Representing Swisher Hygiene and its directors before the North Carolina Business Court in litigation regarding the sale of Swisher's assets to Ecolab.
  • Representing the independent members of the Merrill Lynch board of directors in the U.S. District Court for the Southern District of New York, New York Supreme Court, and Delaware Chancery Court in litigation regarding the Bank of America-Merrill Lynch merger.

Mr. Watkins represents clients in a variety of high-stakes state and federal appeals.  His experience includes:

  • Representing a group of financial institution defendants in both the Fourth Circuit and the North Carolina Court of Appeals against a class of borrowers bringing claims under the North Carolina Consumer Finance Act and other usury-related claims. The federal appeal presented a jurisdictional question involving the scope of the Federal Deposit Insurance Act’s complete preemption of state-law usury claims; the state appeal involved the scope of the Federal Arbitration Act’s preemption of state law after AT&T Mobility LLC v. Concepcion.
  • Representing Monsanto before the Fourth Circuit in a contractual dispute presenting issues under North Carolina law. 
  • Representing a global petrochemical and specialty chemical company in complex commercial disputes before the Second and Seventh Circuits.
  • Representing amicus curiae Professor Erwin Chemerinsky before the U.S. Supreme Court in Crawford v. Marion County Election Board, Nos. 07-21, 07-25 (U.S.), a case involving a challenge to Indiana’s voter identification law.
  • Representing amicus curiae Qualcomm in Quanta Computer, Inc. v. LG Electronics, Inc., No. 06-937 (U.S.), the leading patent exhaustion case, and Commonwealth Scientific and Industrial Research Organization v. Buffalo Technology (USA), Inc., No. 2007-1449 (Fed. Cir.), a patent infringement case involving the propriety of injunctive relief when technology standards are implicated.

Mr. Watkins has defended issuers in multiple securities class actions.  His representative experience includes:

  • Representing Credit Suisse in connection with claims arising from the collapse of Enron, including the $40 billion lead securities class action, Newby v. Enron Corp., Cons. Action No. H-01-3624, MDL No. 1446 (S.D. Tex.), and the several cases coordinated and consolidated therewith.
  • Representing Swisher Hygiene in connection with a securities class action and related shareholder litigation in In re Swisher Hygiene, Inc. Securities and Derivative Litigation, No. 3:12-md-02384-GCM (W.D.N.C.).
  • Representing multiple clients in connection with government investigations into suspected violations of the securities laws.

Mr. Watkins’ litigation experience also includes:

  • Representing the City of Asheville against the State of North Carolina, at both the trial and appellate levels, in litigation regarding the constitutionality of the state’s attempted taking of Asheville’s water system.
  • Defending an individual at trial in the U.S. District Court for the Eastern District of Michigan against a claim under the International Child Abduction Remedies Act and the Hague Convention.
  • Representing a telecommunications client in complex commercial disputes in the U.S. District Courts for the Southern District of New York and the Western District of North Carolina.

Education

  • Mr. Watkins graduated magna cum laude from Fordham University School of Law, where he earned the Fordham Law School Prize, served as a Member of the Fordham Law Review, and was elected to the Order of the Coif.  Mr. Watkins received his undergraduate degree in Chemical Engineering from Lehigh University.

Of Note

  • Selected for the North Carolina Rising Stars list, which is included in the North Carolina Super Lawyers magazine, for Business Litigation, in 2014-2016
  • Named to the Access to Justice Pro Bono Partners 2013 Pro Bono Honor Roll by Legal Services of Southern Piedmont, Legal Aid of North Carolina–Charlotte, and Council for Children’s Rights
  • Mr. Watkins provided pro bono representation to a class of homeless families with children in a constitutional dispute with New York City and New York State, for which he received the Outstanding Pro Bono Service Award from the Legal Aid Society

Publications