Biography

Jonah Knobler is Counsel in the firm’s litigation department. His practice currently focuses on copyright and trademark litigation; class-action defense; appellate advocacy; and litigation involving FDA-regulated products.

From 2009 to 2010, Mr. Knobler served as a law clerk to the Hon. Danny J. Boggs of the U.S. Court of Appeals for the Sixth Circuit. From 2008 to 2009, Mr. Knobler served as a law clerk to the Hon. Frederic Block of the U.S. District Court for the Eastern District of New York.

Mr. Knobler’s publications on digital copyright have been cited in various law review articles; in U.S. Supreme Court briefing (ABC, Inc. v. Aereo, Inc., 134 S. Ct. 2498 (2014)); in the leading treatise, Nimmer on Copyright; and in the Oxford Handbook of Mobile Music Studies (Oxford University Press 2014).

Representative Matters

Copyright/Trademark
Representing a leading dietary-supplement manufacturer in Lanham Act litigation against over 80 distributors of counterfeit dietary supplements. Obtained dismissal of an “unclean hands” defense based on client’s allegedly false advertising, as well as various fraud-based counterclaims.

Providing analysis to a financial entity seeking to understand the legal landscape regarding novel digital-media technologies.

Representing a leading news-media company in a dispute involving domain-name cybersquatting.

Representing a well-known entertainer in matters relating to copyrights in his books and recordings.

Obtained a multimillion-dollar settlement on behalf of a leading media company in a dispute involving online copyright infringement.

Obtained an injunction on behalf of a leading media company against a competitor republishing the client’s time-sensitive financial analyses.

Successfully represented an award-winning photographer seeking to halt unauthorized use of his photographs on the Web, Facebook, and Twitter.

Defended a major record label and three leading online music retailers in a copyright-infringement lawsuit involving digital music distribution.

Class-Action Defense
Defeated two class-certification motions in federal lawsuits involving recalled infant formula. Obtained dismissal of numerous copycat class-action complaints prior to the certification phase.

Currently defending a major pharmaceutical company in a putative RICO class action involving alleged off-label marketing.

Obtained dismissal prior to certification in the district court; appeal pending.

Currently defending a major consumer-products company in putative false-advertising class actions involving two different sugar substitutes.

Currently defending a major dietary-supplement company in a putative false-advertising class action involving a vitamin supplement.

Appellate Advocacy
Currently representing a cosmetics company before the U.S. Supreme Court on a petition for certiorari involving implied FDCA preemption. Previously represented same client on appeal to the U.S. Court of Appeals for the Federal Circuit, successfully narrowing the district court’s injunction against the sale of client’s product from 50 states to 1 state.

Currently representing a leading pharmaceutical company in a RICO appeal before the U.S. Court of Appeals for the Seventh Circuit.

Currently representing a leading disability-rights group as amicus curiae before the U.S. Court of Appeals for the Second Circuit.

Currently representing a criminal defendant in a pro bono appeal to the New York Appellate Division, Second Department.

Represented a leading consumer-products company before the U.S. Court of Appeals for the Ninth Circuit; obtained a favorable settlement after briefing and before argument.

Successfully represented a law firm before the New York Appellate Division, First Department, obtaining dismissal of a malpractice claim by a well-known recording artist.

Successfully represented an indigent client pro bono before the New York Appellate Division, Second Department, obtaining reversal of a six-figure adverse judgment in a family dispute.

Successfully represented the Manhattan District Attorney’s Office pro bono before the New York Appellate Division, First Department, obtaining affirmance of a criminal conviction.

Successfully represented the daughters of a homicide victim pro bono before the U.S. Court of Appeals for the Second Circuit in their effort to receive compensation from their father’s killer.

Food, Drugs, Medical Devices, and Cosmetics
Currently representing a cosmetics company before the U.S. Supreme Court on a petition for certiorari involving implied FDCA preemption. Previously represented same client on appeal to the U.S. Court of Appeals for the Federal Circuit, successfully narrowing the district court’s injunction against the sale of client’s product from 50 states to 1 state.

Currently representing a major pharmaceutical company in RICO litigation involving alleged off-label marketing.

Currently representing a major consumer-products company in various lawsuits involving alleged false-advertising of sugar substitutes. Obtained rulings favorable to the defendant on express preemption under the Nutrition Labeling and Education Act, non-viability of “lack-of-substantiation” claims, and plaintiffs’ lack of standing to seek injunctive relief.

Currently defending a major dietary-supplement company in a false-advertising lawsuit involving a vitamin supplement.

Successfully defended a major consumer-products company in a nationwide wave of personal-injury, consumer-fraud, and false-advertising lawsuits in federal and state courts based on a product recall. Successfully defeated the creation of a multidistrict litigation; twice defeated class certification; and obtained dismissal, summary judgment, or favorable settlements in over 23 individual cases.

Successfully defended a major pharmaceutical company in a New York state lawsuit alleging that client’s drug caused homicidal conduct. Obtained dismissal with prejudice of all claims.

Defended a subsidiary of a major medical-technology company in arbitration of a claim involving alleged failure to use “best efforts” in marketing a medical device. Obtained outright dismissal of a nine-figure damages claim and an award of damages on client’s counterclaim.

Defended a subsidiary of a major medical-technology company in a federal lawsuit alleging breach of contract and fraud in connection with the marketing of a dental device. Obtained a favorable settlement.

Other Matters
Successfully represented a private art collector in a multimillion-dollar contractual dispute involving a forged painting.

On behalf of a major professional sports league, conducted an investigation of allegations that a team committed improper “tampering” with a player under contract to a second team.

Successfully represented a multinational corporation in an insider-trading investigation by the New York Attorney General's Office and the U.S. District Attorney for the Southern District of New York.

Represented a foreign government agency in federal litigation against a U.S. financial institution concerning the restructuring of the foreign country’s national bank.

Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals, Second Circuit; Sixth Circuit; Federal Circuit
  • U.S. District Court, Southern and Eastern Districts of New York
  • New York

Languages

  • Spanish

Publications

  • "Tyson Foods: Victory in Defeat for Class-Action Defendants?," Bloomberg BNA’s Class Action Litigation Report (April 2016)
  • "Class Actions in the Second Circuit: Do Plaintiffs Have Unfair Advantage?," New York Law Journal (March 2015)
  • "Public Performance Rights in Music Downloads : United States v. ASCAP and Beyond,"Journal of Internet Law (June 2008)
  • "Performance Anxiety: The Internet and Copyright's Vanishing Performance/Distribution Distinction," Cardozo Arts & Entertainment Law Journal (December 2007)