Jonathan A. Kaplan practices in the area of complex commercial litigation and handles a wide span of business disputes, ranging from business torts, partnership and shareholder disputes, unfair trade practice claims, landlord-tenant and real estate litigation, contract claims, commercial foreclosures, bankruptcy-related litigation and general civil commercial litigation. He is experienced in all phases of litigation from the commencement of the case through trial, and regularly appears in state and federal courts, appellate courts, bankruptcy courts and housing courts. He also has experience in mediation, arbitration and other forms of alternative dispute resolution.
In the recent past, Jon presented to the Connecticut Bar Association’s (“CBA”) Federal Practice Section on the Admissibility of E-Discovery, to the National Business Institute in a presentation entitled “How to Get Your Social Media, Email and Text Evidence Admitted (and Keep Theirs Out),” and at the CBA’s Annual Meeting on a Commercial Litigation Update.
- Successfully tried breach of contract action to judgment in Connecticut Superior Court concerning failure to pay for purchase of recycled plastics originating from Haiti and Jamaica for delivery to recycling mill in Malaysia and refuted claims that delivered materials were defective.
- Defended aerospace manufacturer against sales broker’s claims under breach of contract, unfair trade practices and a violation of the Connecticut Sales Commission Act.
- Defended board of directors from shareholders’ lawsuit challenging the amendments to the bylaws and constitution and attacking the validity of the directors’ elections.
- Defended home care agency against claims of tortious interference and violations of non-compete and non-solicitation agreement.
- Prosecuted breach of contract, fraud and unfair trade practices claims against inspection company who certified contents and weights of containers originating from Guyana for delivery in Indonesia, which were empty upon arrival. Obtained settlement of more than three times the value of the underlying purchase price.
- Successfully represented developer against three separate zoning appeals attempting to block real estate project from moving forward, and commenced litigation against competitor behind the zoning appeal who sought to stifle the competing project.
- Represented owner of private road in dispute with neighbors concerning existence and scope of easements and rights of way over private road to neighbor’s properties and successfully negotiated a resolution delineating the scope of the rights of ways for the neighbors in return for a transfer of property.
- Following insurance adjuster’s initial denial of claim to replace damaged elevators due to an electrical shortage, represented client and negotiated the recovery of full replacement cost to replace the elevators under the insurance policy.
- Successfully litigated a quiet title and slander of title action in Superior Court and obtained a temporary injunction in April 2013; subsequently handled trial on permanent injunction and damages aspect of case in August 2013
- Represented Connecticut-based nonprofit in zoning appeal on the denial of its application for site plan approval as well as federal lawsuit based on the Americans with Disabilities Act and the Rehabilitation Act, which resulted in favorable monetary settlement and approval of its proposed development
- Defended developer of multi-use project from zoning appeals commenced by abutting landowners who challenged zoning board's approval of the project
- Represented landlords in commercial eviction matters and related collection actions, including obtaining prejudgment remedies and attachments in order to secure judgment
- Defended against shareholder derivative claim against limited liability company for alleged fiduciary breaches by shareholders of the LLC
- Represented artist seeking the return of her artwork from local art dealer who improperly withheld the artwork. Compelled local art dealer to return the artist's work and obtained accounting of sales to ensure that artist received her full share of the sales proceeds
- Represented local insurance agency in securing a temporary injunction against former president who violated non-compete and other restrictive covenant clauses in her employment agreement by setting up competing agency within geographically-restricted area
- In a case of first impression in Connecticut, obtained dismissal of adversary proceeding against credit union by debtor seeking damages for unauthorized release of private information
- Argued before Connecticut Appellate Court and obtained favorable ruling in appeal challenging the method to determine the amount of damages under a trespass claim
- Successfully dismissed complaint in federal court asserting Fair Debt Collection Practices Act and Connecticut Unfair Trade Practices Act claims against law firm that prosecuted foreclosure against the plaintiff in a prior suit
- Represented secured lender in commercial foreclosure and receivership proceedings on three apartment buildings in Hartford
- Represented Remedial Cyprus PCL in its chapter 11 bankruptcy case and successfully confirmed the company's plan of liquidation, after having sold the bulk of the company's assets, valued at approximately $300 million, to the company's secured lender
- Obtained reformation based on mutual mistake against a non-party to a mortgage deed, who owned a 50 percent interest in the underlying property, in order to have the mortgage fully encumber the property
- Turnaround Management Association
- Connecticut Bar Association - Commercial Law and Bankruptcy Section - Executive Committee; Federal Practice Section - former chair
- Hartford County Bar Association
- American Bar Association
- Leadership Greater Hartford’s Quest Program - Class of 2014
Honors & Awards
- Recipient of the Connecticut Law Tribune's "2015 New Leaders of the Law" award
- Named to the Super Lawyers "Connecticut Rising Stars" list since 2013 in the area of business litigation
- Recipient of the Hartford County Business Journal's "40 Under 40" award for 2015