Jason's practice focuses on financial services litigation, complex commercial litigation, and intellectual property litigation.
Jason represents national banks, mortgage investors, and loan servicers in individual and class action complaints arising under federal and state law. His practice includes litigation defense and compliance advice regarding FDCPA, TILA, FCRA, RICO, RESPA, TCPA, and various state consumer statutes. He has experience responding to CFPB, state Attorney General, and state banking department inquiries.
Jason has represented Fortune 500 companies in trials, hearings, and depositions in contract disputes, business torts, patents, trademarks, and trade secrets. He is licensed to practice in DC, NY, NJ, VA, and WV where his experience includes trials and appeals in state and federal courts, as well as mediation and arbitration.
Obtained summary judgment in class action case alleging $11M in loan servicing violations under the WVCCPA based on the statute of limitation and acceleration of the debt. Delebreau v. Bayview Loan Serv., LLC, No. 6:09-cv-245 (S.D.W.Va. Jan. 18, 2011).
Secured settlement of FDCPA class action case alleging debt collection violations in dunning letter. Sebrow v. Specialized Loan Serv., LLC, No. 1:10-cv-2822 (E.D.N.Y. 2011).
Obtained dismissal of class action case alleging violations under the FDCPA for failure to provide the mini-Miranda warning. Echehoyen v. GMAC Mortgage LLC, Case No. 10-C-09-003965 (Md. Cir. Ct. Mar. 15, 2010).
Secured settlement of class action arising from alleged “robo-signing” of affidavits in foreclosure proceedings and NJCFA claims. Sheehan v. MERS, No. 1:10-cv-06837 (D.N.J. 2012).
Defending class actions arising under TILA and mass actions arising under FDCPA.
Resolved hundreds of state and federal cases involving litigation arising from the origination or servicing of mortgages (NY, NJ, VA, WV).
Secured summary judgment for Goldman Sachs in lawsuit involving allegations that mortgage backed securities and hedging with credit default options barred lien enforcement or invalidated the lien. Florez v. Goldman Sachs Mortgage Co., No. 01:09cv1181 (E.D. Va. Apr. 8, 2010). Defended case through appeal where the Fourth Circuit affirmed the district court’s rulings. Florez v. Goldman Sachs Mortgage Co., No. 10-1523 (4th Cir. July 28, 2011).
Secured summary judgment in the U.S. District Court for the Eastern District of Virginia for client investor in a real estate acquisition, and defended judgment on appeal to the Fourth Circuit where the decision was affirmed. Johnson v. Washington, No. 08-1421 (4th Cir. Feb. 24, 2009).
Obtained dismissal of state consumer claims under the WVCCPA for alleged loan servicing violations based on federal preemption under the National Bank Act and the Office of the Comptroller of the Currency (OCC), Staats v. Bank of America, N.A., No. 3:10-cv-68 (N.D.W.Va. Nov. 4, 2010), and summary judgment on the remaining claims, Id. (N.D.W.Va. June 7, 2011).
Complex Commercial Litigation/Intellectual Property
Successfully defended appeal to the Virginia Supreme Court. The Supreme Court affirmed the rulings of the Chesapeake Circuit Court made after a 13 day trial. Judicial dissolution of general partnership was ordered with no liability on counterclaims for breach of fiduciary duty and conversion. Russell Realty Assocs., Case No. 110380 (Va. Apr. 20, 2012).
Secured jury verdict for KBA-Giori finding validity and infringement of client's automated inspection patent and secured bench ruling denying inequitable conduct after two week trial with co-counsel from Sidley Austin. KBA-Giori v. Muhlbauer, No. 2:08-cv-34 (E.D. Va. 2009).
Secured $350,000 jury verdict after six-day trial on behalf of minority shareholder frozen out of closely held business.
Obtained dismissal of $7 million professional negligence complaint by land developer against client engineering firm, with zero liability and no damages.
Representing oil and gas exploration company in multi-jurisdiction litigation over alleged misappropriation of trade secrets.
Representing client in Department of Justice opposition to corporate merger based on anti-competitive allegations.
Co-author, "The Constricted Scope but Continuing Application of State-Law Preemption," Consumer Financial Service Law Report, April 20, 2012.