Jonathan E. DeMay

Partner, New York

T: 212.894.6816  F: 212.370.4483
E: jdemay@nullcondonlaw.com  vCard

Jonathan E. DeMay

Jon’s varied aviation practice primarily focuses on major accident, commercial and wrongful death litigation, as well as cybersecurity issues.

He has represented airlines and aircraft manufacturers, component manufacturers and maintenance companies in federal and state courts throughout the U.S. at both the trial and appellate levels. He principally focuses on representing clients relating to major aviation accidents, complex and commercial litigation, products liability, social media, regulatory issues and aircraft hull damage claims.

Jon has lectured at aviation and insurance seminars relating to a variety of issues, including issues and tactics relating to electronic discovery, social media, crisis management, forum non conveniens and defending major aviation accident litigation. He is an ongoing participant in The Sedona Conference Working Group on Electronic Document Retention and Production, as well as the Working Group on International Electronic Information Management, Discovery and Disclosure.

He is a Vice Chair and Newsletter Editor of The American Bar Association, Aviation and Space Law Committee; a member of the New York State Bar Association, Social Media Law Committee and Social Media Data Privacy and Protection Subcommittee; a member of The Sedona Conference (Working Group on Electronic Document Retention and Production; Working Group on International Electronic Information Management, Discovery and Disclosure); and The Federal Bar Council. He also is a member of the Board of Associate Trustees of Siena College.  Jon is listed as Leading Aviation Attorney by Who’s Who Legal: Aviation 2014 and in Who’s Who Legal: Transport 2015.

At Fordham University School of Law, he served as a Staff Member of the Fordham Urban Law Journal and Judicial Intern to The Honorable Kevin T. Duffy, Senior District Judge, U.S. District Court for the Southern District of New York.

 

Experience

Jon has represented airlines and manufacturers in major accident, commercial and wrongful death litigation. He had a significant role in the team representing American Airlines in the November 2001 Flight 587 litigation and Colgan Air in the February 2009 Flight 3407 accident.

Jon has assisted an airline in responding to an IT failure that resulted in an operations disruption that affected thousands of passengers and flights.

Jon frequently counsels clients about a broad range of social media issues, including discovery, crisis management and employment policy issues, as well as mitigating the risks associated with the use of social media.

He has prosecuted and defended hull damage cases ranging from towing accidents involving Boeing B737 and Learjet 60 aircraft to fueling incidents involving Boeing B777 aircraft. He is well versed in the damages associated with hull damage claims, including repair costs, loss of use, lost profit and diminution in value, as well as the implications of fractional ownership upon such claims.

Jon has represented aircraft manufacturers relating to aircraft sales transactions, including litigation seeking the enforcement of guarantee agreements and an airline’s default on aircraft payments.

Published Works and Presentations

Speaker at the AON Aviation Seminar (September 2016). Jon gave the following presentation: An Introduction to Aspects of the U.S. Legal System.

“Expansion of Preemption and Congress’s Intent to Occupy Entire Field of Air Safety,” ABA Section of Litigation (February 24, 2016) (available at https://apps.americanbar.org/litigation/committees/masstorts/practice.html).

Speaker at the AON Aviation Seminar (September 2015). Jon gave the following presentation: An Introduction to Aspects of the U.S. Legal System.

Speaker, “An Overview of the Risks and Benefits of Social Media in Aviation,” Lloyd’s of London in the Old Library (December 2, 2014).

Speaker at the American Conference Institute 5th Annual Forum on Defending and Managing Aviation Claims & Litigation (Chicago, May 29, 2013). Jon participated in the following panel discussion: Crisis Management: Advising Your Clients on Controlling the Corporate Message and Limiting Negative Exposure.

Speaker at the Eighth Annual Northwestern Law Journal of Technology and Intellectual Property Symposium (Chicago, March 8, 2013). Jon participated in the following panel discussion: The Past, Present and Future of Social Media.

Speaker at a Federal Bar Council presentation (New York, December 5, 2012). Jon participated in the following panel discussion: The Effective Use of Social Media In and Out of the Courtroom: How to be “Liked” by the Judge and Jury.

Speaker at the American Conference Institute 4th Annual Forum on Defending and Managing Aviation Litigation (Boston, June 27, 2012). Jon participated in the following panel discussion: Innovative Pre-Trial and Trial Strategies for Defending Against Aviation Claims: Managing E-Discovery, Using Expert Witnesses and Communicating with the Jury.

Speaker at the JLT Aviation Seminar (London, June 20, 2012). Jon gave the following presentation: An Introduction to Aspects of the U.S. Legal System & Social Media.

Speaker at the AON Aviation Seminar (London, April 19, 2012). Jon gave the following presentation: An Introduction to Aspects of the U.S. Legal System & Social Media.

Contributor, The Liability Reporter, published jointly by IATA and Condon & Forsyth LLP. (15th ed., February 2012).

Contributing Editor, ABA Tort Source, ABA TIPS (Fall 2011).
As a contributing editor, Jon assisted with the development, editing and publication of three articles relating to social media: “Discoverability of Social Media from the Plaintiff’s Perspective;” “The Defendant’s Perspective: Use of Social Media;” and “Admissibility and Authentication of Social Media.”

“Wrongful Death Litigation Arising Out of the Continental Connection Flight 3407 Accident: A Federal Court Compels Plaintiff to Produce a Broad Array of Damages Discovery, Including Social Media.” Condon & Forsyth LLP Client Alert (December 2011).

The Implications of the Social Media Revolution on Discovery in U.S. Litigation. American Bar Association, The Brief (v.40, no.4, Summer 2011).

“U.S. Litigation Arising Out of the Air France Flight 447 Accident Dismissed on Forum Non Conveniens Grounds for a Second Time: Another Significant Victory for Defendants.” Condon & Forsyth LLP Alert (June 2011).

“Developing trends in major airline accident litigation in the United States.” Aviation Law Committee Newsletter of the International Bar Association Legal Practice Division (v.14, no.1, June 2011).

Program Co-Chair, New York City Bar Association – ABA Section of Litigation, Aviation Litigation CLE Seminar in New York City on June 2, 2011. Jon, along with the other Program Co-Chairs, was responsible for the development of the Program, including assembling the panelists and speakers.

“Implications of the Social Media Revolution on Aviation Litigation.” ABA/TIPS Aviation and Space Law Committee Newsletter (Winter 2011).

“U.S. Litigation Arising Out of the TAM Linhas Areas Flight 3054 Accident: Another Significant Forum Non Conveniens Setback for Plaintiffs in Federal Court.” Condon & Forsyth LLP Alert (February 2011).

Participated in panel discussion, “Research Techniques and Sources in Aviation Litigation,” which addressed social media issues at the American Bar Association Tort Trial & Insurance Practice Section Aviation & Space Law Committee CLE Seminar, “Aviation and Space Law Litigation” (October 21, 2010).

“Forum Non Conveniens in Foreign Aviation Accidents: Litigating in Federal Court is Often the Difference Between Winning and Losing.” Condon & Forsyth LLP Newsletter (Fall 2010).

“U.S. Litigation Arising Out of the Air France Flight 447 Accident Dismissed on Forum Non Conveniens Grounds: A Significant Victory for Defendants.” Condon & Forsyth LLP Client Alert (October 2010).

Moderator, “Spoliation and the Duty to Preserve Evidence,” which addressed electronic discovery issues at the American Bar Association Section of Litigation Mass Torts Committee and the New York City Bar Association on Aeronautics Aviation Litigation CLE Seminar, “Disaster in the Alps!” (June 3, 2010).

Co-Author, “A Spanish Court Applies U.S. Law to Determine Liability and Damages Following Forum Non Conveniens Dismissal from the United States: Is the Bashkirian Airlines Flight 2937 – DHL Airways Flight 611 Mid-Air Collision Decision a Game Changer?” IADC, Aviation and Space Law Committee Newsletter (May 2010).

“Bashkirian Airlines Flight 2937-DHL Airways Flight 611 Mid-Air Collision: A Spanish Court Applies U.S. Law to Determine Liability and Damages – A Paradigm Shift as to Forum Non Conveniens or Much Ado About Nothing?” Condon & Forsyth LLP Client Newsletter (Special Edition Spring 2010)

“Electronic Discovery In Aviation Litigation: The Other Shoe Drops.” Condon & Forsyth LLP Client Bulletin (February 2010).

“Arik v. The Boeing Co.: The Latest From the Illinois Cook County Circuit Court on Forum Non Conveniens.” Condon & Forsyth LLP Client Newsletter (Special Edition Winter 2010).

“Forum Non Conveniens: Significant Developments in 2009.” Condon & Forsyth LLP Client Newsletter (Winter 2010).

Jon presented “Legal Update: Current Developments in Aviation & Insurance Law” at the American Bar Association and New York City Bar Association “Aviation on Trial!” conference in New York City on June 4, 2009.

“Cook County State Court Cases Continue to Prove Difficult to Dismiss on Forum Non Conveniens Grounds.” Condon & Forsyth LLP Client Bulletin (November 2008).

“Federal Rule of Evidence 502: A New, Uniform Set of Rules Relating to the Waiver of Attorney-Client Privilege and the Work Product Doctrine.” Condon & Forsyth LLP Client Bulletin (September 2008).

Recent Developments in Aviation Law. 73 J. Air L. & Com.131 (2008). Jon also presented “Recent Developments in Aviation Law,” at the SMU Air Law Symposium in Dallas, Texas on February 21, 2008.

Contributor, The Liability Reporter. International Air Transport Association (February 2008).

“Attempts by Plaintiffs to Defeat Forum Non Conveniens Motions by Alleging Aircraft Owner or Lessor Liability.” Condon & Forsyth LLP Newsletter (Winter 2008).

“Application of the E-Discovery Amendments to the Federal Rules of Civil Procedure: Could They Retroactively Apply to Actions Pending Before the Amendments Went Into Effect?” Condon & Forsyth LLP Client Bulletin (December 2006).

“E-Discovery in the Future: Impending Changes to the Federal Rules of Civil Procedure.” Condon & Forsyth LLP Client Bulletin (July 2006).

“A District Attorney’s Decision Whether to Seek the Death Penalty: Toward an Improved Process.” 26 Fordham Urb. L.J. 767 (1999) (cited with approval by the Ninth Circuit Capital Punishment Handbook Ch. 2 at 309 (2006)).