Jason S. Dubner
Complex commercial litigation and arbitration, with an emphasis on reinsurance, insurance, healthcare, and antitrust disputes, as well as franchise and distribution counseling
Jason represents companies in a variety of complex commercial litigations and arbitrations, with an emphasis on reinsurance, insurance, healthcare and antitrust disputes, as well as franchise and distribution counseling. Regardless of the substance of the matter, Jason seeks to fully understand his client’s objective for the engagement and maintain frequent communication throughout the pendency of the matter to assure that objective is obtained. As a former economic analyst – both with the Antitrust Division of the U.S. Department of Justice and with Capitol Economics in Washington, D.C. – Jason also brings to his practice the perspective of an economist and a regulator.
Jason has particular experience advising and representing corporate clients in litigation to remedy the economic damages they have incurred as a result of antitrust conspiracies in the market for key inputs into their own business operations. In addition, Jason has dealt with multiple disputes involving automobile dealer/producer-owned reinsurance companies and cedents over the termination of their reinsurance agreements, having served as counsel as well as umpire and party-appointed arbitrator on ADR panels faced with such issues.
Jason’s experience includes successfully defending clients against allegations of RICO, fraud, conspiracy and breach of contract. He has first-chaired and second-chaired a number of significant reinsurance arbitrations, representing both cedents and reinsurers. Jason also regularly advises clients on changes to their existing product distribution networks.
Jason began his law career with Jones Day in Washington, D.C., where he concentrated on antitrust counseling and litigation, including the successful defense of both a prominent price-fixing investigation and a notable merger challenge brought by an industry competitor under Section 7 of the Clayton Act.
- Represent reinsurer of variable annuity death and income benefits in dispute with cedent regarding contract interpretation issues.
- Represented reinsurer in dispute over ceding company’s failure to disclose asbestos exposures at the time of placement.
- Represented reinsurer of variable annuity death benefits in three-week arbitration hearing with cedent life insurer, including presentation of statistical and industry expert testimony.
- Represented cedent at hearing and obtained $45 million award for losses and loss adjustment expense arising out of surety business produced by a general agent.
- Represented reinsurer at hearing to enforce its right to receive unearned premium on a run-off basis following termination of the reinsurance agreement by the cedent.
- Represented cedent at hearing to timely recover the limits on an Aggregate Excess of Loss contract.
Complex Commercial Litigation
- Represent health insurer in dispute with federal government over its failure to make risk corridors payments under Section 1342 of the Affordable Care Act. Premera Blue Cross, et al. v. USA (Fed. Cl., No. 1:17-cv-01155-LKG)
- Represented insight-driven marketing company in dispute with former employee and new employer regarding inevitable misappropriation of trade secrets and breach of employee agreement/tortious interference with contract. Experian Marketing Solutions, Inc. v. Jonathan Kelleher and Acxiom Corp. (Cir. Ct. DuPage County IL, No. 2016 CH 001489)
- Represented insurer seeking a declaration that no coverage exists with regard to multi-million dollar settlements of certain underlying managed care disputes and that the insured has an obligation to reimburse the insurer for previously advanced defense costs. (Confidential American Arbitration Association Proceeding)
- Represented industry-leading writer of workers compensation insurance in $1 billion dispute with AIG regarding its fraudulent underreporting of premium. AIG et al. v. Ace et al. (N.D. Ill. Case No. 07 CV 2898)
- Represented issuer of credit insurance policies in dispute with insured bank over the absence of coverage for claims submitted regarding defaults on home equity loans. M&I Bank FSB v. Old Republic Ins. Co., et al. (Cir. Ct., Milwaukee WI, No. 09-CV-7648)
- Defend satellite dish installer in putative class action by service technicians against claims alleging violations of the Illinois Wage Payment and Collection Act and the Illinois Minimum Wage Law. Various (N.D. Ill.)
- Represented purchasers of substantial quantities of corrugated products in an action for treble damages as opt-outs from class action antitrust litigation. United States Gypsum Company, et al. v. Stone Container Corp. (N.D. Ill. Case No. 03-3958, MDL 1261)
- Represented real estate investment trust in litigation involving the interpretation of its commercial lease. Obtained summary judgment against the defendants’ corporate entity followed by a favorable negotiated settlement with the individual defendants. 33 North Dearborn, LP v. Attorneys, Ltd. (Cir. Ct., Cook Cty. IL, No. 00 L 4167)
- Represented international manufacturer and distributor of computer software in defense of action by disgruntled end-user alleging fraud, breach of contract/warranty, and negligent misrepresentation. Furst-McNess v. Missana and SAP (Cir. Ct., Stephenson Cty., IL, No. 99 L 37)
- Defended designer and distributor of advanced software applications in action brought by a former competitor for breach of contract in connection with assumption of competitor’s operation. Conducted full hearing on the merits followed by a favorable negotiated settlement. VoiceWare v. Mutare (Amer. Arb. Assoc. – Ariz.)
Counseled IDEX Corp., a global leader in fluid-handling technologies for pump products, dispensing equipment and other industrial products, regarding changes to its nationwide distribution network.
Additional case experience available upon request.
Some of the content on this site is considered Attorney Advertising under the applicable rules of certain states. Prior results do not guarantee a similar outcome.
Butler Rubin assumes no responsibility for the accuracy or timeliness of any information provided herein. The information contained herein is for informational purposes only and is not legal advice or a substitute for legal counsel.
Online readers should not act upon this information without seeking professional counsel. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. While we would like to hear from you, we cannot represent you until we know that doing so will not create a conflict of interest. Accordingly, do not use any of the supplied e-mail interfaces to send us any confidential information until you speak with one of our attorneys and receive our authorization to send that information to us.
Sites listed as hypertext links herein are not under the control of Butler Rubin. Accordingly, Butler Rubin can make no representation concerning the quality, safety or suitability of the content of these sites nor can the fact that Butler Rubin has included this link serve as an endorsement by Butler Rubin of any of these sites. Butler Rubin is providing this site, the information, listings, and links contained herein only as a convenience to you.
Some of the content of this site is considered advertising material under the applicable rules of certain states. The content, original images and their arrangement herein are protected and owned by Butler Rubin.
2. Information collected
We may collect the following personal data when you visit our website: (a) Personal data provided when you complete forms available on our website; (b) Personal data you provide when you contact us; (c) Personal data relating to: (i) your application for employment at Butler Rubin, (ii) our Diversity Scholar award; and/or (iii) your attendance at a Butler Rubin event; (d) Details of visits to our website, including the volume of traffic received, logs and the resources which have been accessed.
3. How we use your information
We use information you provide to better understand your needs and provide you with better service. With the exception of vendors providing hosting, database management and development services related to the operation of these websites, we will not disclose, sell or rent any of your personal data to any third party unless approved by you or required by law.
4. Transfer of personal data
5. Links to other sites
We may provide links to other websites for your information or convenience. Such websites are independently operated and not under our control. We are not responsible for the content of these websites or any products or services offered through them.
8. Our commitment to data security
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, the Firm uses commercially appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online. Unfortunately, the transmission of information via the Internet is not completely secure. However, we have put in place various security procedures as set out in this policy. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
9. Our commitment to children’s privacy
We do not seek to collect or maintain information on our website from those we know are under 18, and no part of our website is structured to attract anyone under 13.
The Extranet is a secure (password-protected) and private (client-specific) portal for Butler Rubin’s clients who want to share information directly with the firm. Butler Rubin’s Extranet uses SSL encryption to ensure the confidentiality and integrity of all communications between your web browser and our Extranet server.