Jordan Engelhardt is Counsel in the Firm's Litigation department, where he has represented clients across a wide range of industries in commercial litigation and intellectual property matters. His clients have included major pharmaceutical and medical device companies, large financial institutions such as financial guaranty insurers and hedge funds, and a global energy company.
For these clients, Mr. Engelhardt has handled a broad array of disputes ranging from highly complex financial services litigation, to federal antitrust defense, to disputes involving patent infringement and licensing. In addition, he has managed an internal FCPA investigation and successfully defended a federal securities suit. A skilled and versatile attorney, Mr. Engelhardt has experience in federal and state courts, as well as alternative dispute resolution.
Mr. Engelhardt also has written extensively on intellectual property issues and commercial litigation in New York. His work on high-impact patent law issues has been featured in multiple intellectual property publications, and he regularly contributes to the Firm’s Biologics Blog. In addition, Mr. Engelhardt’s writing on commercial litigation issues has been published in law journals and can be found on the Firm’s NY Commercial Division Blog.
Pharmaceutical and Medical Device Litigation
Representing a major medical device company against allegations that its surgical devices infringe university-held patents.
Successfully defended a major pharmaceutical company against a federal antitrust lawsuit alleging anti-competitive activity in the market for HIV therapies, securing dismissal of the client from the lawsuit.
Resolved multiple patent disputes involving breakthrough treatments for HIV/AIDS and processes for their manufacture.
Represented a major pharmaceutical company in patent litigation to protect a first-in-class cancer treatment from generic challenges.
Structured Finance and Securities Litigation
Represented financial guarantors in complex contract and fraud actions against sponsors and underwriters of residential mortgage-backed securities, leading to over $1 billion recouped through out-of-court settlements.
Represented a hedge fund pursuing rights and remedies against a mortgage servicer and related entities under transaction documents governing a complex structured finance transaction.
Obtained dismissal, which was upheld on appeal, of a putative shareholder class action alleging violations of federal securities laws against the CFO of a public energy company.
Conducted an FCPA investigation on behalf of a company with global operations regarding potential payments to foreign officials and conflicts of interest with contractors.
Professional Liability Defense
Represented major law firm in mediation defending against allegations of legal malpractice, leading to favorable settlement.
Representing an asylum applicant who was unlawfully detained and mistreated by police in his home country due to his sexual orientation.
Successfully represented preservationists to prevent removal of historic New York City properties from consideration for landmark protection, leading to designation of multiple new City Landmarks.
Obtained permanent resident status as a Special Immigrant Juvenile for an unaccompanied minor who had suffered abuse and neglect in her home country.
Secured a class action settlement for a class of children in foster care providing substantial reforms to ensure that children do not languish in psychiatric hospitals longer than medically necessary and recovered individual monetary awards for named class representatives.
Represented a defendant-appellant in an appeal to the New York Supreme Court Appellate Term of a misdemeanor criminal conviction.
- U.S. Supreme Court
- U.S. Court of Appeals, Federal Circuit
- U.S. District Court, Southern and Eastern Districts of New York
- New York
MEMBERSHIPS: New York City Bar Association - served on Securities Litigation Committee (Sep. 2015 - Aug. 2018 term)
HONORS: Recipient, Legal Aid Society, Pro Bono Publico Awards (2010-2013, 2017)
SPEAKING ENGAGEMENTS: Presenter, The Legal Aid Society Bronx Juvenile Rights Practice Deposition Training, CLE Event (June 17, 2016); Presenter, “The Financial Reporting and Audit Task Force – The SEC Goes Back to the Future,” New York City Bar CLE Event (April 6, 2016)
- Supreme Court Amicus Brief, Wolf v. Innovation Law Lab, No. 19-1212 (January 22, 2021)
- Co-author, "New York Commercial Division Practice Guide, Chapter III: Rules of the Commercial Division," Bloomberg (2019 edition)
- Co-author, "Federal Circuit Strikes Down Diagnostic Patent in Latest § 101 Decision," IP Litigator, Volume 25, Number 2 (March/April 2019)
- Co-author, "PTAB and Bar Prepare for Aftermath of Supreme Court's SAS Decision," IP Litigator, Volume 24, Number 4 (July/August 2018)
- Co-author, “Beyond the Presumption Against Extraterritoriality,” Intellectual Property Magazine (August 22, 2018)
- Supreme Court Amicus Brief, Regeneron Pharms., Inc. v. Merus N.V., No. 17-1616 (June 29, 2018)
- Co-author, “Fed. Circ. Case May Change Biosimilar IPR Strategy,” Law360 (April 2018)
- Supreme Court Amicus Brief, WesternGeco LLC v. ION Geophysical Corp., No. 16-1011 (February 27, 2018)
- Co-author, "First, Second Departments Split on What Is Considered ‘Documentary Evidence’," New York Law Journal (December 2017)
- Co-author, "Long-Arm Jurisdiction In A Post-Daimler Era," Law360 (January 2017)
- Author, The Preeminent State: National Dominance in the Effort to Try Saddam Hussein, 41 Cornell International Law Journal 775 (2008)