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Joanna Diakos

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).
  • 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.
  • Established brand guidelines for famous Mexican beer manufacturer’s United States licensing program.
  • Represented an international skin care manufacturer in defense of trademark infringement action filed against it by competitor. Successfully defeated motion for preliminary injunction.
  • Represented new children’s clothing-line brand in trademark proceedings before the Trademark Trial and Appeal Board; negotiated co-existence agreement with competitor.
  • Represented Mexican beer manufacturer in trademark proceedings before the Trademark Trial and Appeal Board; successfully resolved numerous opposition proceedings.
  • Represented pharmaceutical company in proceeding before the Trademark Trial and Appeal Board; successfully resolved opposition proceeding.
  • 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 shareholders.
  • Representing global leader in engineered materials and optoelectronic components in multi-jurisdictional stockholder litigation challenging client’s proposed acquisition of target and seeking to enjoin proposed transaction.
  • Representing U.S. duly authorized representative of foreign issuers in stockholder class actions alleging violations of Section 11 of the Securities Act.
  • Representing leading manufacturer of pipeline inspection and rehabilitation equipment in appraisal proceeding challenging merger consideration.
  • Representing manufacturer of sparkling water in class action alleging false advertising.
  • Represented former nonexecutive chairman of British grocery store chain in class action securities litigation brought under Section 10(b) of the Securities Exchange Act of 1934 alleging that purported accounting irregularities inflated the share price of the company’s ADRs. Matter successfully resolved.
  • Represented worldwide provider of semiconductor solutions in putative stockholder class action challenging public tender offer and merger transaction and in subsequent appraisal proceeding. Successfully resolved matters.
  • 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. Successfully filed and obtained motion for prejudgment attachment of systems integrator’s assets.
  • Represented a stockholders’ representative in litigation against a major generic drug manufacturer arising out of the manufacturer’s failure to make certain milestone payments due under a merger agreement that the manufacturer entered into with the stockholders’ representative. Successfully resolved matter.
  • Represented a privately held investment vehicle in shareholder litigation arising out of agreement to purchase third party. Successfully resolved matter.
  • Represented potential acquirer of leading producer of plastics products in multi-jurisdictional shareholder litigation challenging the merger. Successfully resolved matter.
  • Represented the Special Committee of the Board of Directors of a natural gas production company in shareholder litigation arising out of the company’s acquisition by another energy company in a merger. Succeeded in dismissing Special Committee from the case.
  • Represented a textile products company in shareholder class action and derivative litigation arising out of its acquisition by an allegedly controlling shareholder. Successfully resolved matter.
  • Represented mortgage REIT and certain of its affiliates in multi-jurisdictional shareholder litigation arising out of the REIT’s tender offer for and merger with another REIT. Successfully opposed attempts to obtain expedited discovery and enjoin the transaction, obtained dismissal of the New York cases so that the litigation could proceed in Maryland, and then eventually obtained dismissal of the Maryland cases as well.
  • Represented the non-independent directors and officers, and the external manager, of a mortgage REIT in New York shareholder 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 petition 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 large ETF provider in shareholder class action pursuant to Sections 11 and 15 of the Securities Act of 1933. Plaintiffs alleged that ETF provider did not adequately disclose risks of holding triple leveraged funds for more than one day. Matter was successfully resolved prior to trial.
  • 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 claims against our client and ultimately successfully resolved matter.
  • Represented retail chain in trademark infringement and unfair competition action 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 against former employee and related entities. Filed successful motion to dismiss defamation counterclaim and successfully resolved matter.