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Joanna Diakos

Partner
+1.212.536.4807
Fax +1.212.536.3901
Ms. Diakos is a litigation partner in the firm's New York City office. Her practice involves the representation of numerous Fortune 500 companies and individuals in a broad range of complex commercial litigation matters, including disputes arising out of M&A deals, stockholder class actions, trademark litigation, trade secret litigation, and business-to-business disputes (e.g., breach of contract, fraudulent and negligent misrepresentation, tortious interference, unfair competition, defamation, breach of fiduciary duty). Ms. Diakos has extensive experience in all aspects of commercial litigation, including large scale discovery, motion practice, and trial.

Professional Background

Prior to joining K&L Gates, Ms. Diakos practiced at a large New York based international law firm, where she focused on representing the SIPC Trustee in all aspects of a broker-dealer liquidation, including in adversary proceedings against third parties alleging breaches of fiduciary duties, negligence and fraud.

Professional/Civic Activities

Ms. Diakos serves on a number of firm-wide committees, including the firm's Women in the Profession Committee, the Professional Development Committee and the Pro Bono Committee. She is also a member of the New York Office’s Associate Review Committee. Additionally, Ms. Diakos is counsel to and a board member of the Partnership for Drug-Free Kids and is also on the advisory board of the Women in Law Empowerment Forum (WILEF).
  • Representing founders, directors and selling shareholders of a leading global e-Commerce company in a dispute arising out of the $115 million sale of the company to a large private equity firm. Following a ten day bench trial and extensive post-trial briefing, won a significant trial verdict in client’s favor dismissing fraud-based claims and rejecting plaintiff’s claim for uncapped indemnification from selling stockholders.
  • Representing manufacturer of sparkling water in class action filed in the United States District Court for the Southern District of New York asserting claims for violations of Sections 349 and 350 of New York’s Unfair and Deceptive Trade Practices Act, breach of contract and common law warranty, and unjust enrichment.
  • Representing global communications company in breach of contract, trade secret misappropriation, unfair competition and fraud action filed in the New York Supreme Court, Commercial Division.
  • Representing coffee company and coffeehouse chain in declaratory judgment action filed in the United States District Court for the Southern District of New York asserting claims for product disparagement and seeking declaratory relief related to costs of product recall.
  • Represented market-based business of large U.S. water utility company in breach of contract action filed in the Commercial Division of New York Supreme Court against third party CRM/ERP systems integrator and tortious interference with contractual claims filed against third party. Successfully filed and obtained motion for prejudgment attachment of systems integrator’s assets. Ultimately, matter was successfully resolved.
  • Represented a stockholders’ representative in breach of contract and declaratory judgment action filed in New York (Commercial Division) against a major generic drug manufacturer arising out of the manufacturer’s failure to make certain milestone payments due under a merger agreement. Survived multiple motions to dismiss and ultimately successfully resolved matter.
  • Represented a global manufacturer and distributor of coatings, optical and specialty materials and glass products in New York state court litigation against a private equity firm arising out of the private equity firm’s failure to close its purchase of one of our client’s glass businesses under an asset sale agreement. Obtained dismissal of the private equity firm’s fraud and negligent misrepresentation claims against our client and ultimately successfully resolved matter.
  • Represented manufacturer of pizza ovens in declaratory judgment and breach of contract action filed in the United States District Court for the Southern District of New York seeking a declaration of rights and obligations under an asset purchase agreement with respect to certain asbestos and bodily injury claims. All of the claims turned on the interpretation and application of the asset purchase agreement as to whether the asbestos claims were based on events that occurred prior to the closing date within the meaning of the agreement. Successfully resolved matter after filing motion for summary judgment.
  • Represented the non-independent directors and officers, and the external manager, of a mortgage REIT in New York litigation (Commercial Division) challenging an “externalization” transaction under which management of the REIT was transferred to a firm owned by the non-independent directors and officers. Filed successful motion to dismiss aiding and abetting breach of fiduciary duty and other claims asserted against our clients, which dismissal was affirmed by New York Appellate Division, First Department.
  • Represented company that manages service-line contracts for homeowners in declaratory judgment action filed against the New York City Comptroller in New York Supreme Court challenging a decision that certain work performed by client’s contractors is a “public work” subject to the State prevailing wage requirements governing public works. Successfully negotiated preliminary injunction on consent barring Comptroller from seeking to enforce his determination pending the Court’s ruling on the petition. Ultimately, the court granted client’s petition against the Comptroller in its entirety and vacated the Comptroller’s determination.
  • Represented Australian company in declaratory judgment action filed in the United States District Court for the Southern District of New York against multiple lenders seeking a declaration that certain lending agreements were null and void on the grounds that they were procured by fraud and/or forgery and for lack of consideration. Successfully resolved matter after failed motion to dismiss.
  • Represented retail chain in trademark infringement and unfair competition action in United States District Court for the Southern District of New York against competitor. Successfully obtained permanent injunction on consent in connection with settlement of claims.
  • Represented a software company in connection with its defense of trade secret misappropriation claim filed against it in New York Supreme Court. Successfully resolved matter.
  • Represented multinational photography and imaging company in RICO case filed in the United States District Court for the Southern District of New York against former employee and related entities. Filed successful motion to dismiss defamation counterclaim and successfully resolved matter.
  • Represented manufacturer of luxury perfume product in trademark infringement action, including in preliminary injunction proceedings and subsequent product recall.
  • Represented famous Mexican beer manufacturer in numerous trademark-related disputes filed throughout the United States, including successful motions for preliminary injunction and a jury trial resulting in an award of an accounting of profits, punitive damages, and entry of a permanent injunction.
  • Represented an international skin care manufacturer in defense of trademark infringement action filed against it by competitor. Successfully defeated motion for preliminary injunction.