Jeffrey L. Nagel

Jeffrey L. Nagel is a member of the firm's Business & Commercial Litigation Department, the Securities Litigation Team and the Private Equity and Hedge Fund Group. Mr. Nagel is also a senior member of the Gibbons Electronic Discovery Task Force and advises clients on document retention and E-Discovery best practices.

Mr. Nagel's experience includes involvement in the strategic planning, management, trial and appeal phases of complex litigation, as well as arbitration. Mr. Nagel has successfully represented public and private companies, and their management, in litigation involving a wide range of corporate governance, securities and competition issues, including claims involving partnership disputes, hedge fund issues, breach of contract, fiduciary duty, fraud, and malpractice claims. Mr. Nagel has also successfully defended cases involving international human rights and sovereign immunity issues, Anti-Terrorism Act cases, cases brought under the Alien Tort Statute, criminal and civil antitrust claims, First Amendment claims, negligence actions, and claims of employment discrimination.

Education
New York University School of Law (J.D., magna cum laude, 1994)
Member and Senior Production Editor,
Annual Survey of American Law
Winner, Orison S. Marden Moot Court Competition
Awards: Order of the Coif, Judge Lieberman Award for Outstanding Criminal Law Scholarship, American Jurisprudence Award in Civil Procedure

New York University (M.A., Philosophy, 1994)
Cornell University (A.B., dual majors, Government and Philosophy, magna cum laude, 1991) - Phi Beta Kappa

Professional Admissions
State of New York

United States District Courts for the Southern, Eastern, and Western Districts of New York

United States Courts of Appeals for the Second, Third, Fourth, Eighth, Ninth, Eleventh, and District of Columbia Circuits

United States Supreme Court

Professional Activities
Member, Association of the Bar of the City of New York
Committee Service:
    Committee on the Judiciary
    Committee on Arbitration
    Federal Courts Committee

Board of Directors, Global Kids, Inc.

Board of Directors, President, Epilepsy Foundation of Long Island

Editor, Gibbons E-Discovery Law Alert blog
(www.ediscoverylawalert.com)

Publications
"U.S. Supreme Court Narrows General Jurisdiction Standard," New Jersey Law Journal, May 5, 2014 (Jeffrey L. Nagel, Thomas R. Valen, John D. Haggerty)

"New York Court Rules Email Evidence Stored Abroad is Subject to Criminal Warrant Issued Under Stored Communications Act," E-Discovery Law Alert, April 29, 2014

"Privacy Trumps Security as EU Court of Justice Invalidates Data Retention Directive," E-Discovery Law Alert, April 9, 2014

"Service Abroad By Email – Has the Time Come?," German American Chamber of Commerce, Inc.'s Legal & Tax Newsletter, 2014

"Nothing “Safe” About It: Companies That Falsely Certify Compliance with the U.S.- E.U Safe-Harbor Framework May Receive Years of Regulatory Oversight," E-Discovery Law Alert, February 20, 2014

"U.S. Supreme Court Continues Trend of Narrowing Scope of General Jurisdiction Over Foreign Defendants," Business Litigation Alert, January 29, 2014 (Terry Myers, Jeffrey L. Nagel, Thomas R. Valen)

"Judge Scheindlin Weighs Comity Concerns and Orders Production of Documents from Bank of China Despite Violation of Chinese Laws," E-Discovery Law Alert, May 17, 2013

"Discovery - a Powerful U.S. Litigation Tool - Sometimes Even in Germany," German Practice Alert, May 2, 2013 (Peter Flägel, Terry Myers, Jeffrey L. Nagel)

"Discovery - ein wirksames Instrument im Rechtsstreit - bisweilen auch in Deutschland," German Practice Alert, May 2, 2013 (Terry Myers, Jeffrey L. Nagel)

"Broken Record? Maybe, But Even Government Entities Cannot Escape the Failure to Preserve," E-Discovery Law Alert, October 19, 2012

"Show Some Respect: International Privacy and Comity Concerns May Become More Important in Foreign E-Discovery Disputes," E-Discovery Law Alert, March 1, 2012

"U.S. Privacy Law Protects Non-U.S. Citizens," E-Discovery Law Alert, November 15, 2011

"Recent Decisions Limit Claims Against Foreign Corporations, But Not U.S. Discovery Rules," German American Chamber of Commerce, Inc.'s Legal & Tax Newsletter, 2011

"No End in Sight: Thoughts on the Application of U.S. Electronic Discovery Rules to Foreign Corporations," E-Discovery Connection Newsletter, Volume 6; Issue 2, August 30, 2011

"Delaware Court of Chancery Adopts ESI Preservation Guidelines," E-Discovery Law Alert, January 24, 2011

"Risk Evaluation When Doing Business Abroad," ALI-ABA, December 21, 2010

"Analyzing "Care, Custody or Control" for Preservation and Production of Electronically Stored Information," E-Discovery Law Alert, December 13, 2010

"New York Courts Adopt Preliminary Conference Counsel Readiness Rule for Electronic Discovery," E-Discovery Law Alert, October 6, 2010

"Rooting Out Foreign-Cubed Securities Litigation," New Jersey Law Journal, August 9, 2010

"Hot Topics in E-Discovery - Lessons from 2008," Geneva Group International Insider, January 2009 (Mark S. Sidoti, Jeffrey L. Nagel)

"Company E-Mail and Privacy:
Can You Communicate With Your Attorney While At Work?
," E-Discovery Alert, February 11, 2008

"Getting ESI Evidence Admitted: Lorraine v. Markel American Insurance Co.," The Metropolitan Corporate Counsel, December 2007 and E-Discovery Alert, September 1, 2007

"'Flores' Limits the Sources of Customary International Law," New York Law Journal (Outside Counsel Section), November 17, 2003 (Jeffrey L. Nagel, Jeffrey Barist)

"Why the Truth Matters: The Reporter-Source Relationship, the Attempted Application of Contract Law, and First Amendment Protection for Publication of Truthful Information in Steele v. Isikoff," LDRC Libel Letter, May, 1999 (Jeffrey L. Nagel, Stuart W. Gold)

"Double Jeopardy, Conspiracy and Continuing Criminal Enterprises," 1994 Annual Survey of American Law 125, 1994

Quotes/Interviews
Quoted in "Electronic Evidence Still Jamming Up Attys," Law360, September 27, 2010

Quoted in "Epilepsy work is personal for Nagel," Long Island Business News, August 17-23, 2007

Speaking Engagements
Speaker, Center for Law, Science & Innovation, Sandra Day O’Connor College of Law, "ASU-Arkfeld eDiscovery and Digital Evidence Conference," Tempe, AZ. March 12, 2014

Moderator, Gibbons P.C., "Cross-Border E-Discovery: Exploring Tensions Between Privacy and Compelled Disclosure, " Whippany, NJ. October 30, 2013

Speaker, Gibbons P.C. & Taylor Wessing, "Overview and Discussion of Key US E-Discovery Concepts and Rules," Munich & Düsseldorf, Germany January 23 - 24, 2013

Moderator, Gibbons E-Discovery Task Force , "Sixth Annual E-Discovery Conference, " Whippany, NJ. December 13, 2012

Moderator, Gibbons P.C., "Cybersecurity 101: 2011," East Rutherford, NJ. November 3, 2011

Speaker, ALI-ABA (American Law Institute-American Bar Association), "Reducing Litigation Risks While Doing Business Abroad Live Video Webcast," December 21, 2010

Guest Lecturer, Touro Law School, "The 2010 E-Discovery Landscape," November 15, 2010

Moderator, Gibbons P.C., "E-Discovery Conference," Newark, NJ. October 28, 2010

Speaker, Association of the Bar of the City of New York, "Foreign & International Law in U.S. Courts: How to Locate Applicable Law & Prove Your Case," January 12, 2010

Speaker, Gibbons P.C., "Navigating the International Waters of Privacy & E-Discovery," Newark, NJ. October 29, 2009

Speaker, Touro Law Center, "Gibbons Sponsors E-Discovery Program at Touro Law Center," Central Islip, NY. March 12, 2008

Speaker, Radiant E-Discovery Conference, "Emerging Issues in E-Discovery," New York, N.Y. November 14, 2007

Speaker, Gibbons P.C., "Gibbons E-Discovery Conference," Newark, N.J. September 27, 2007

Honors/Awards*
Listed in Super Lawyers, Business Litigation, 2012

News
Nineteen Gibbons Attorneys Listed in New York Metro Super Lawyers and Rising Stars

Eight Gibbons Attorneys Listed in New York Super Lawyers and Rising Stars

Judicial Clerkship(s)
Law clerk to the Honorable J. Clifford Wallace, former Chief Judge of the United States Court of Appeals for the Ninth Circuit

Representative Cases
Olson v. Halvorsen, C.A. No. 1884-VCL, 2008 WL 4661831 (Del. Ch. Oct. 22, 2008)

Nash v. Port Auth. of N.Y. & N.J., 856 N.Y.S.2d 583 (App. Div. 1st Dep't 2008)

Varoujan Deirmenjian et. al. v. Deutsche Bank A.G., et. al., 2007 WL 4395065 (C.D. Cal. 2007)

In re Adelphia Communications Corp., 330 B.R. 364 (Bankr. S.D.N.Y. 2005)

Ungaro-Benages v. Dresdner Bank AG et al., 379 F.3d 1227 (11th Cir. 2004)

In re South Africa Apartheid Litigation, 346 F. Supp.2d 538 (S.D.N.Y. 2004)

Herero People's Reparations Corp. v. Deutsche Bank AG et al., 370 F.3d 1192 (D.C. Cir. 2004)

In re Nazi Era Cases Against German Defendants Litigation, 320 F. Supp. 2d 235, (D.N.J. 2004)

Brown v. National Football League, 219 F. Supp. 2d 372 (S.D.N.Y. 2002)

In re Joint Eastern and Southern District Asbestos Litigation, 237 F. Supp.2d 297 (E.D.N.Y. 2002)

Loce v. Time Warner Entertainment Advance/Newhouse Partnership, 191 F.3d 256 (2d Cir. 1999)

Goldstein v. Time Warner New York City Cable Group, 3 F. Supp.2d 423 (S.D.N.Y. 1998)

Rabushka ex rel. United States v. Crane Co., 122 F.3d 559 (8th Cir. 1997)


*No aspect of this communication has been approved by the Supreme Court of New Jersey. Further information about methodologies for rating or selecting attorneys is available on our website’s Award Methodology page.