Jonathan Lerner is a commercial litigator and mediator with substantial experience in corporate, employment and construction matters. He has served as outside general counsel to various businesses, including a national environmental remediation and consulting firm, New Jersey’s leading provider of home remodeling products, and industrial trade magazines. As a mediator, handled over 200 civil cases under court appointments and private retentions, in the areas of shareholder disputes, legal malpractice, employment, real estate, franchises, sales commissions, medical billing, condominium and homeowner association disputes, property damage, construction, service contracts, fraud and consumer fraud, zoning, insurance coverage, equipment leases, sureties and product liability. Mr. Lerner has served on the Boards of several professional organizations in the area of Alternative Dispute Resolution, serves as a Mediator Mentor for the New Jersey Superior Court and lectures on advanced mediation topics.
HIGHLIGHTS:
- Elected to the Executive Board of the Justice Marie L. Garibaldi Inn of Court for Alternative Dispute Resolution
- Elected to the Board of the Dispute Resolution Section of the New Jersey State Bar Association
- Successfully defended provider of solutions software for largest national retail chains against trade secret and unfair competition claims. **Results may vary depending on your particular facts and legal circumstances.
- Successfully defended pharmaceutical marketing company against trade secret and unfair competition claims by leading international advertising firm involving several major pharmaceutical companies. **Results may vary depending on your particular facts and legal circumstances.
- Successfully defended publicly-traded information-technology company in employment matters. **Results may vary depending on your particular facts and legal circumstances.
- Won dismissal of claims of undue influence and lack of testamentary capacity against multi-million dollar estate. **Results may vary depending on your particular facts and legal circumstances.
- Won dismissal of claim of undue influence against multi-million dollar estate of renowned concert pianist. **Results may vary depending on your particular facts and legal circumstances.
- Won dismissal of product design defect claim against leading manufacturer of fire safety protection equipment. **Results may vary depending on your particular facts and legal circumstances.
- Won substantial settlements in product liability and other personal injury matters, including $1.1 Million settlement of elevator design defect and maintenance case in federal court; $450,000 settlement of complex premises liability claim; $340,000 settlement of defective attic-stair design and manufacture case; and $197,500 settlement of federal case involving negligent operation of watercraft. **Results may vary depending on your particular facts and legal circumstances.
- Serves as outside general counsel to national environmental remediation and consulting firm.
- Served as outside general counsel to New Jersey's leading provider and installer of home remodeling products.
Served as outside general counsel to prestigious publisher of industrial trade publications.
Honors & Awards
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Published Works
- The Strange Defense of Reverse Engineerability in Trade Secret Cases, Gaps in the Law of Unfair Competition, New Jersey Lawyer Magazine,, 2008
Representative Cases
- Abu-Ali vs. Pinnacle Foods, LLC (NJ App. Div. 2017 A-1895-15T2)
- Care Environmental Corp. vs. M2 Technologies, Inc., 2006 WL 148913 (E.D.N.Y.)
- Equal Employment Opportunity Commission vs. Carlton Cruises, Inc., , 794 F.Supp. 131 (S.D.N.Y. 1992)
- Luxliner P.L. Export Co. vs. RDI/Luxliner, Inc., 13 F.3d 1001 (3d Cir.)
- Resolution Trust Corporation vs. William G. Edie, et al., 1994 WL 744672 (D.N.J)
- Manhattan Woods Golf Club, Inc. vs. Arai, 312 N.J. Super. 573, 711A. 2d 1367 (App. Div.)
Classes/Seminars
- Presenter/Mediator: Mock Civil Mediation Dealing with Disability Accommodations after Long Covid, New Jersey Association of Professional Mediators (NJAPM)
- Presenter: Top Ten Mediation Tips for Settling Business Disputes, New Jersey Association of Professional Mediators (NJAPM) Annual Advanced Divorce & Civil Mediation Training Program
- Presenter/Discussion Leader: Handling Information Exchanges and Case Analysis in the Civil Mediation Process, New Jersey Association of Professional Mediators (NJAPM) Annual Advanced Divorce & Civil Mediation Training Seminar
- Mediation Ethics--Panel Discussion and Role Play, New Jersey Association of Professional Mediators (NJAPM) Annual Advanced Divorce & Civil Mediation Training Seminar.
- Presenter/Discussion Leader: Ethics and Professionalism Issues for ADR Participants: Neutrals and Advocates, Dispute Resolution Section of the New Jersey State Bar Association
- Presenter/Participant: Negotiation Presentation and Role Play Commemorating the 800th Anniversary of the Magna Carta, Justice Marie L. Garibaldi American Inn of Court for Alternative Dispute Resolution.
- Presenter/Moderator: Mock Mediation and Discussion: Spotting and Handling Employment Mediation Issues. Joint meeting of the Justice Marie L. Garibaldi American Inn of Court for Alternative Dispute Resolution and the Reitman Employment Inn of Court
- Presenter: Ethical Issues Facing Mediators and Lawyers in Mediation, Justice Marie L. Garibaldi American Inn of Court for Alternative Dispute Resolution.
- Lecturer, Case Management: Overcoming Resistance in Court Ordered Mediation, New Jersey Association of Professional Mediators Annual Advanced Mediation Training
- Presenter/Panelist, Listening to the Client: What Do End-Users Want From a Mediator?, New Jersey Association of Professional Mediators
- Presenter/Moderator: Whether Mediators Should Testify Regarding Mediated Settlements, Justice Marie L. Garibaldi American Inn of Court for Alternative Dispute Resolution.
Professional Associations and Memberships
- Marie L. Garibaldi ADR Inn of Court, Board Member
- New Jersey State Bar Association Dispute Resolution Section, Board Member
- New Jersey Association of Professional Mediators
- Morris County Bar Association
- Essex County Bar Association
- New Jersey Bar Association
- American Bar Association
- American Association for Justice
