Jordan Engelhardt is Counsel in the Firm's Litigation department, where he represents clients in intellectual property litigation and complex commercial disputes. He has represented pharmaceutical and medical device companies in patent litigation on a wide range of subject matters, and has successfully defended patents protecting blockbuster medical therapies against generic challenges. Mr. Engelhardt’s commercial litigation practice also focuses on disputes relating to structured finance, securities, and corporate governance. He shares the Firm’s commitment to pro bono, with a particular interest in children’s rights. Mr. Engelhardt contributes to the Firm’s Biologics Blog and NY Commercial Division Blog.
Representing a major medical device company in a patent infringement action involving surgical products.
Represented a major pharmaceutical company in ANDA actions involving generic challenges to a first-in-class cancer treatment.
Successfully represented a major pharmaceutical company in Hatch-Waxman litigation involving challenges to eight patents covering a highly successful combination therapy for HIV/AIDS and processes for its manufacture.
Successfully represented an innovator company in multiple ANDA actions involving challenges to patents covering our client's life-saving HIV protease inhibitor.
Structured Finance 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 private equity firm pursuing rights and remedies against a mortgage servicer and related entities under transaction documents governing a complex structured finance transaction.
Obtained dismissal upheld on appeal of a putative shareholder class action alleging violations of federal securities laws against an officer of a public company.
Represented a closely held corporation in defense of a challenge to corporate activities involving a real estate ground lease, including successfully opposing a TRO, resulting in withdrawal of the action.
Represented shareholders of a publicly traded REIT demanding that the board of directors terminate contracts with a mortgage servicer and an asset manager in fulfillment of fiduciary duties.
Conducted an FCPA investigation on behalf of a company with global operations regarding potential payments to foreign officials and conflicts of interest with contractors.
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)
Publications, Blogs, Amicus Briefs
- 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, "New York Commercial Division Practice Guide, Chapter III: Rules of the Commercial Division," Bloomberg (November 2017)
- Co-author, "Long-Arm Jurisdiction In A Post-Daimler Era," Law360 (January 2017)
- Contributor to the Biologics Blog
- Contributor to the NY Commercial Division Blog
- Author, The Preeminent State: National Dominance in the Effort to Try Saddam Hussein, 41 Cornell International Law Journal 775 (2008)