Jason S. Dubner
Complex commercial litigation and arbitration, with an emphasis on reinsurance, insurance, financial services, 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. Along those lines, he is currently following developments in In Re: Generic Pharmaceuticals Pricing Antitrust Litigation, MDL 2724, and has recently spoken with NPR and a nationally-syndicated morning news television program on the widening generic drug price fixing investigation and related litigation.
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. Among those arbitrations, 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 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.
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