Jonathan S. Kolodner’s practice focuses on white-collar criminal enforcement and regulatory matters as well as complex commercial litigation.

He represents clients in investigations involving a range of misconduct, including foreign corruption, fraud, insider trading, money laundering, and antitrust offenses. He also advises companies on cybersecurity and data privacy issues, and counsels clients on best practices for anti-corruption and cyber-related compliance programs.

Before joining Cleary Gottlieb, Jonathan was a prosecutor with the U.S. Attorney’s Office for the Southern District of New York from 2000 to 2012, where he served in numerous leadership positions and oversaw some of the highest-profile investigations and prosecutions in the country. He served as Acting Chief of the Criminal Division from October 2011 through January 2012. In that role, he supervised the Office’s more than 160 prosecutors in various matters including securities fraud, public corruption, cybercrime, terrorism and violent crimes.

Prior to that, Jonathan spent several years as the Chief of the Complex Frauds Unit. In this capacity, he oversaw 20 senior prosecutors investigating sophisticated, large-scale white-collar crimes ranging from financial and investment matters to Foreign Corrupt Practices Act (FCPA) violations and computer and intellectual property offenses like hacking, theft of trade secrets and other cybercrimes. In addition, from 2006 to 2008, Jonathan was a Deputy Chief of Criminal Appeals, where he oversaw dozens of appellate matters and handled numerous arguments before the U.S. Court of Appeals for the Second Circuit.

Jonathan also spent four years as an Assistant U.S. Attorney in the Organized Crime and Terrorism Unit and has represented the United States in more than 12 jury trials. In 2008, he was awarded the U.S. Department of Justice’s Director’s Award for Superior Performance in connection with his prosecution of over 30 members and associates of the Genovese organized crime family.

Jonathan joined the firm as counsel in 2012 and became a partner in 2014.

Notable Experience

Enforcement and Civil Litigation

  • Citigroup in connection with investigations and civil litigation involving financial benchmarks, including LIBOR, foreign exchange trading (FX), and ISDAFIX, conducted by the DOJ, CFTC, SEC and other regulators around the world.

  • A global manufacturing company in connection with an internal review and grand jury investigation conducted by the U.S. Attorney’s Office for the Southern District of New York relating to allegations of fraud in safety testing.

  • Citigroup in connection with investigations relating to sovereign bond trading.

  • A global financial institution in a grand jury investigation conducted by the U.S. Attorney’s Office for the Southern District of New York of that institution’s Sarbanes-Oxley reporting process.

  • A global financial institution in an investigation conducted by the U.S. Department of Justice, the SEC, and various state securities regulators relating to the Facebook initial public offering.

  • Multiple firms and individuals in insider trading investigations conducted by the SEC and DOJ.

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Anti-Corruption Investigations and Compliance

  • A global real estate and asset management company in connection with an internal FCPA investigation, and related DOJ and SEC investigation, involving subsidiaries in Brazil.

  • A multinational metals and mining corporation in an investigation of alleged corruption in Latin America.

  • Alfred C. Toepfer International (a subsidiary of ADM) in an FCPA investigation involving alleged bribery in Ukraine, including in its settlement with the DOJ.

  • A major financial institution in an investigation into the activities of Unaoil S.A.M., which was alleged in a series of press reports in 2016 to have been involved in facilitating the payment of bribes in various jurisdictions, and in connection with related investigations by the DOJ and UK Serious Fraud Office.

  • A Southeast Asian oil and gas company in investigation of alleged corruption and potential FCPA violations in Southeast Asia and Brazil.

  • Saipem S.p.A. in a DOJ FCPA investigation in Italy and Algeria.

  • An annual review of anti-corruption compliance policies and annual global training sessions for business, legal and compliance executives for a global alternative asset manager with $250 billion in assets under management.

  • A corruption risk assessment for a paper and pulp company involving multiple jurisdictions in Latin America, including Chile.

  • A corruption risk assessment, including overseeing a forensic review, for the Chinese operations of a major international consumer products company.

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Cybersecurity and Data Privacy

  • An enterprise information management company in connection with a data breach and breach notifications in the U.S., Canada, and more than 10 other jurisdictions.

  • A multinational travel industry participant in connection with breach notifications following a cyber-attack.

  • An insurance company in connection with the implementation of the NYDFS’s cybersecurity regulations.

  • An internal investigation for a trading firm relating to a potential data breach.

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SELECTED ACTIVITIES

  • Lecturer-in-Law, Columbia Law School

Publications

  • November 28, 2017: “With Equifax Looming, Split on Standing in Data Breach Cases Grows With Recent Decisions,” Pratt’s Privacy & Cybersecurity Law Report, (co-authored with Rahul Mukhi and Tanner Mathison)
  • November 14, 2017: “In Wake of the Equifax Breach, New York’s Attorney General Proposes New, Stricter Data Privacy Law” (co-authored with Rahul Mukhi and Richard Cipolla)
  • July 11, 2017: “Cleary Gottlieb Discusses Recent Cyber-Attack Developments,” The Columbia Law School Blue Sky Blog

  • February 28, 2017: “GC Whistleblowing and Other Implications from Bio-Rad,” Law360 
  • January 2017: “New York Regulators Propose Cybersecurity Requirements for Financial Institutions,” Pratt’s Privacy & Cybersecurity Law Report
  • June 14, 2014: “Eleventh Circuit Confirms that Bribes Paid to Employees of State-Owned or Controlled Companies Violate the U.S. Foreign Corrupt Practices Act,” Mondaq

  • October 2013: “Why Financial Statements Matter: Enforcement and Litigation Implications,” The Banking Law Journal 

  • August 5, 2013: “Impact of International Anti-Corruption Laws on UAE Companies,” The Oath

  • December 18, 2013: “Representing Corporations in United States Attorney’s Office and DOJ Investigations,” (co-author) Defending Corporations and Individuals in Government Investigations, West, 2012-13 Edition

  • December 3, 2012: “The New FCPA Guidance: Key Points for CCOs” Breon S. Peace and Jonathan Kolodner, Compliance Reporter, pp. 10-11.

Events