Jonathan S. Kitchen

Partner

Overview

Jonathan is one of the firm's most experienced trial lawyers, focusing on complex commercial and real estate related litigation. He has tried dozens of cases in both federal and state courts throughout the United States involving a wide range of business issues. He has handled arbitrations, nationwide class actions and appeals, and has litigated corporate, real estate, securities, employment and fraud cases of all kinds. His clients range from national homebuilders to internet start-ups, from real estate developers to Silicon Valley software companies, and from individuals and private partnerships to public Fortune 500 corporations. He has represented both plaintiffs and defendants.

Jonathan was born and raised in England, where he was admitted as a barrister, and for a number of years taught law at the University of Cambridge where he was a Fellow of Churchill College. He was also a Fulbright Scholar and after coming to the United States taught at Stanford Law School. He is the author of two books, as well as numerous articles, and has frequently lectured on legal issues. 

Representative
Matters

Lead trial counsel for defendant in a case in the Eastern District of Virginia over demands for repurchase of mortgages brokered and sold to Fannie Mae involving misrepresentation by borrowers.

Lead trial counsel in a case brought in Texas state court over the failure of a geotechnical engineer to properly disclose adverse soils conditions prior to development.

Lead trial counsel in obtaining a successful jury verdict for a national homebuilder in a state court action in Colorado involving fraudulent soils reports and widespread construction damage.

Counsel for the target in defense of three class actions brought in California and Delaware seeking to block a merger between two high-tech companies.

Defended various related class actions in Florida brought over the non-disclosure of the impact on adjacent subdivisions of unexploded bombs found on a formerly used defense site.

Trial counsel in Delaware Chancery Court in Selectica, Inc. v Trilogy, Inc. and Versata Enterprises, the first case involving the intentional triggering of a "poison pill" in nearly 25 years, successfully upheld by the Delaware Supreme Court.

Represented a national hotel chain in a class action securities case in the Southern District of California, where the monetary exposure totaled more than $100 million. Caused dismissal of the case at the district court level and obtained decision from the 9th Circuit confirming dismissal.

Represented car dealers nationwide in litigation of antitrust claims in the Eastern District of California for price-fixing of computer hardware and software.

Represented a nationally recognized artist in copyright infringement case in the Northern District of California over the rights to a photograph of an icon celebrity.

Publications &
Speaking Engagements

Publications

The Ninth Circuit Concludes That Condo-Hotel Units At The Hard Rock Hotel Are Not A Security, CCN Client Alert, 8/16/2013

Keep Track Of Former Employees When Downsizing, Daily Journal, 3/24/2011

Delaware Supreme Court Upholds Cox Castle & Nicholson Lawyers' Successful Defense of Corporation's 'Poison Pill’ Designed To Protect Net Operating Losses, CCN Client Alert, 10/5/2010

Cox Castle & Nicholson Lawyers Successfully Defend Corporation's 'Poison Pill' Designed To Protect Net Operating Losses, CCN Client Alert, March 2010

Restrictions On The Acquisition Of Corporations By Foreigners, Antitrust Law Journal

Federal Multi-District Litigation: Benefits And Limitations for Nationwide Cases, Corporate Counsel's Quarterly

Speaking Engagements

Section 382 and the Poison Pill, Ernst & Young’s 2011 Homebuilder CFO Roundtable and Tax Director Workshop, 2011

What Happens When the Poison Pill is Actually Used? Selectica and Other Rights Plans Developments, ABA Annual Meeting, Corporate Law Section, 8/8/2010

Awards &
Affiliations

Awards & Recognition

  • Northern California Super Lawyers, 2005; 2012-2016
  • "Top Attorneys" in Northern California by American Registry
  • Fellow of Litigation Counsel of America, the trial lawyer honorary society

Professional Affiliations

  • State Bar of California, Litigation and International Sections
  • Association of Business Trial Lawyers
  • American Bar Association, Litigation and Antitrust Sections

Spotlight

Eleven Cox, Castle & Nicholson Attorneys Recognized As 2016 Northern California Super Lawyers & Rising Stars

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Bar and Court Admissions

  • State Bar of California
  • United States Supreme Court
  • U.S. Courts of Appeal for the Fifth, Seventh, and Ninth Circuits
  • U.S. District Court for the Central, Eastern, Northern, and Southern Districts of California
  • U.S. District Courts of Arizona
  • U.S. District Courts of Colorado

Education

  • Ph.D., University of Cambridge, England, 1976
  • M.A., University of Cambridge, England, 1974
  • Diploma in Comparative Law, European University, 1973, with great distinction
  • LL.M., University of London, England, 1971
  • B.A., University of Durham, England, 1970, with honors
  • University of Strasbourg, France, 1967