Jack has successfully represented major manufacturers and leading financial services companies for more than 35 years in some of the largest and most complicated cases in the United States.
Jack has extensive experience in complex business litigation, including nationwide antitrust and securities class action litigation and cases involving financial services and corporate transactions. He has represented financial institutions in bankruptcy, loan enforcement, derivatives valuation, sovereign debt and inter-creditor disputes, and has substantial experience litigating accounting issues. He has represented acquiring and acquired companies in connection with contested stock acquisitions and in post-merger purchase price adjustment litigation. He has also represented policyholders and insurers in large and complex international insurance coverage disputes. Jack has been recognized every year since 2006 as a top New York business litigation attorney by Super Lawyers.
Jack’s experience includes his representation of:
- Barclays Capital in a trial of claims arising from its September 2008 acquisition of Lehman Brothers, in which Barclays successfully defeated all challenges to the acquisition and recovered assets worth roughly $8 billion;
- American Express in antitrust litigation against Visa and MasterCard, obtaining what was then a record single-plaintiff antitrust settlement of $2.25 billion;
- Philip Morris in a multi-district price-fixing class action in which Philip Morris was awarded summary judgment dismissing all claims;
- Philip Morris in an antitrust class action by tobacco growers alleging collusion and bid rigging, which was successfully resolved in a settlement that included a future purchase commitment by the major cigarette manufacturers;
- Philip Morris in a Robinson-Patman price discrimination and monopolization challenge to the Philip Morris nationwide wholesaler incentive program, obtaining summary judgment dismissing all claims;
- Representation of Columbia/HCA Healthcare in defeating an antitrust challenge to its acquisition of another hospital chain;
- Representation of a major New York City real estate developer and independent motion picture theater owner in antitrust and contract litigation against a national theater chain; and
- Hillenbrand Industries in two antitrust class actions alleging attempted monopolization, both of which were successfully resolved by settlement before trial.
Jack is the author of “Ethical Issues in Settling Complex Cases” (Practicing Law Institute Course Handbook, November 2008), “Second Circuit Decision on Fraudulent Inducement, Which Places the Burden on the Purchaser to Discover Misrepresentations, Appears to Go Against Precedent (National Law Journal, June 30, 1997), “Due Process Obligations of Private Associations” (New York Law Journal, March 1, 1996), “Fallout in ‘Friendly’ Merger Negotiations” (New York Law Journal, July 7, 1994), “Internal Bank Communications, Protecting Confidentiality” (111 Banking Law Journal 340, July 1994) and “Post-Loss Rescission of Insurance Coverage” (New York Law Journal, April 18, 1994). He has also spoken on a number of panels hosted by Practising Law Institute, including “Managing Complex Litigation: Legal Strategies and Best Practices in High-Stakes Cases,” in 2008 and 2009; “Taking and Defending Depositions” in 2012; and “Taking and Defending Expert Depositions” in 2013.
Prior to joining Cadwalader, Jack was a partner at Boies Schiller Flexner LLP for 20 years and a partner at Barrett Gravante Carpinello & Stern LLP. He began his legal career at Shearman & Sterling LLP.
Jack received his J.D. from New York University School of Law and his B.A. from Harvard University, where he was a Harvard College National Scholar. He is admitted to practice in New York and Massachusetts and before the U.S. Courts of Appeal for the Second, Sixth and Eleventh Circuits and the U.S. District Courts for the Southern and Eastern Districts of New York.
*Certain representations occurred prior to Jack’s association with Cadwalader, Wickersham & Taft LLP.