Jason I. Kirschner is a partner in the Litigation & Dispute Resolution practice in Mayer Brown's New York office. He is an experienced litigator whose practice focuses on complex commercial and bankruptcy litigation before state and federal trial and appellate courts. As a member of Mayer Brown’s Banking & Finance Litigation practice, Jason has significant experience representing domestic and foreign banks in lender liability, securities fraud, common law fraud, and breach of contract actions, including actions pertaining to the sale of residential mortgage-backed securities (RMBS), collateralized debt obligations (CDO), and other complex financial products. His securities fraud experience includes claims based on Sections 10(b), 11, and 12, “blue sky” laws, and insider trading.
Jason’s wide-ranging practice also includes intellectual property disputes, reinsurance disputes, antitrust claims, and government investigations. In addition, as a former software engineer and member of Mayer Brown’s Electronic Discovery & Information Governance practice, Jason advises financial institutions, technology companies, and other corporations on electronic discovery and records management issues.
- FHFA v. HSBC, US District Court, Southern District of New York: Represented HSBC in defense of over $1.5 billion in securities law claims relating to the sale of RMBS.
- Represented international bank in defense of common law fraud case relating to offering of $2.5 billion CDO.
- Represented international bank in defense of “blue sky” securities law claims relating to the sale of RMBS.
- Representing financial institution in defense of $270 million claim under the New Mexico Fraud Against Taxpayers Act relating to the sale of CDOs.
Banking and Finance Litigation
- Fontainebleau v. Bank of America, et al., U.S. District Court, Southern District of Florida and U.S. Court of Appeals for the Eleventh Circuit: Obtained the dismissal of lender liability claims against Sumitomo Mitsui Banking Corporation, one of several syndicate lenders in a $2 billion credit facility related to the construction of a massive resort and casino complex in Las Vegas.
- Morgan Stanley v. Hans Jecklin, et al., U.S. District Court, District of Nevada: Representing Morgan Stanley in veil-piercing action to enforce a substantial judgment on a note purchase agreement.
- Obtained the dismissal of claims for breach of contract and injunctive relief against international bank acting as CDO trustee.
- Obtained discharge and award of fees and expenses for international bank in several interpleader actions relating to the interpretation of waterfall provisions in CDO documents.
Complex Commercial Litigation
- Viacom v. YouTube, Inc. et al., US District Court, Southern District of New York: Obtained summary judgment for YouTube and its parent Google in a billion-dollar copyright infringement suit brought by Viacom and other parties.
- In re Digital Music Antitrust Litigation, US District Court, Southern District of New York: Represented music company in defense of price-fixing conspiracy claims in multi-district consolidated class actions.
- Obtained the dismissal of a number of preferential transfer and fraudulent transfer claims against corporations and high-net-worth individuals.
New York University School of Law, JD
Yale University, BA, cum laude
- New York
- US District Court for the Eastern District of New York
- US District Court for the Southern District of New York
- US Court of Appeals for the Eleventh Circuit