Jason M. Lynch represents plaintiffs and defendants in a wide range of commercial disputes and business matters. He is experienced in handling contract disputes, securities fraud litigation, class actions, government investigations, cases involving alleged breaches of professional or fiduciary duties, disputes arising from private investments and the sale of companies, and many other types of cases. Jason also is an experienced appellate advocate and has obtained favorable decisions in state and federal appellate courts.
Matters that are representative of Jason’s practice include:
- Representing Harbinger Capital Partners LLC and affiliates prosecuting $1.5 billion in claims against Charles Ergen, DISH Network, and affiliates for violations of RICO, COCCA, tortious interference with contract, and abuse of process in connection with Harbinger’s investment in wireless communications provider Lightsquared. This case is ongoing. Harbinger Capital Partners LLC et al. v. Charles W. Ergen, et al., No. 14-cv-01907 (D. Colo.).
- Confidential representation of venture capital firm in dispute with public accounting firm over valuation of portfolio investments. This case settled favorably with the accounting firm validating the client’s valuation methodology.
- Representing a privately held metals manufacturing company in confidential arbitration against a materials technology company over claims relating to intellectual property rights, breach of contract, securities fraud, and fraudulent inducement to contract. This case settled favorably for the client in the form of a new intellectual property agreement providing substantial assets to the client.
- Defending the major online travel companies (Expedia, Orbitz, Travelocity, and Priceline) in tax litigation brought by Colorado municipalities. Expedia Inc., et al., v. City and County of Denver, No. 2012CV1446 (Denver Dist. Ct.), involves an appeal of about $40 million in tax assessments. Breckenridge v. Colorado Travel Company, et al., No. 2001CV420 (Summit Cty. Dist. Ct.), involves defense against a purported class action on behalf of all Colorado home rule municipalities seeking to impose local hotel taxes on the fees charged by online travel companies. In Expedia, Jason obtained reversal in the Court of Appeals the tax assessments imposed by Denver, and in Breckenridge, Jason defeated the town’s attempt to certify the case as a class action. These cases are ongoing.
- Obtaining a complete defense verdict for private equity firm as lead trial counsel in bench trial of claims by deal counterparty alleging promissory estoppel, unjust enrichment, fraudulent misrepresentation, and negligent misrepresentation – Woodard v. Elizabeth 86 Investments, LLC et al., No. 2010-CV-287 (Elbert County, Colo.).
- Defending private equity firm against claims by deal counterparty of breach of fiduciary duty and fraudulent misrepresentation. This case settled favorably shortly before trial. RMEI v. Tracker Resource Exploration ND, LLC et al., No., 2011cv5601 (Denver County, Colo.).
- Defending development-stage technology company in New York State Court in contract dispute with investment bank over terms of engagement – Jefferies & Company, Inc. v. Ascent Solar Technologies, Inc., No. 652862/2011 (N.Y. Sup. Ct.).
- Winning summary judgment for the Colorado Public Employees’ Retirement Association in a purported class action by retirees who claimed that a statute enacted by the Colorado General Assembly resulted in an unlawful modification of their pension benefits. The plaintiffs brought claims under the federal and state constitutions seeking to strike down the law, alleging that the statute is an unconstitutional impairment of contract rights, a taking of property without compensation, and a violation of their substantive due process rights. Justus, et al. v. State of Colorado, et al., No. 2010-CV-1589 (Denver County, Colo.).
- Winning favorable settlement on behalf of a patent-holder and minority shareholder who had claims for fraud and breach of fiduciary duty against the controlling shareholder of a closely-held technology company. Within three months of being retained, Jason obtained a multi-million dollar settlement that represented a significant portion of the claims’ value.
- Trial counsel with partner Joe Zonies in bell weather trials in Avandia mass tort litigation. The firm’s cases settled favorably on the day jury selection was set to begin. Burford v. GlaxoSmithKline, No. 07-cv-05360-CMR (E.D. Pa.).
- Defending an insurance broker against claims for more than $100 million brought by a corporation alleging breach of contract, fraud, breach of fiduciary duty, and conspiracy. This case was settled on favorable terms for Reilly Pozner’s client.
- Winning favorable settlement for Lehman Brothers Holdings, Inc. in mortgage repurchase litigation authorized by the U.S. Bankruptcy Court for the Southern District of New York. Jason was lead counsel in the breach of contract case brought against a mortgage company in the U.S. District Court for the Eastern District of Pennsylvania. Reilly Pozner won a seven-figure settlement for Lehman and its affiliates, which represented a significant percentage of Lehman’s claim in the case.
- Defending a New York-based investment fund against claims brought by the Colorado Attorney General’s Office for securities fraud and investment advisory fraud.
- Obtaining landmark settlement with the State of Colorado as co-lead counsel in federal lawsuit over provision of competency evaluations to pre-trial detainees. Legal Center v. Bicha, et al., Case No. 11-CV-2285-BNB (D. Colo. 2011).
- Winning reversal in the U.S. Court of Appeals for the Tenth Circuit of a district court’s ruling that dismissed a client’s civil rights lawsuits. In a case raising an issue of first impression in the Tenth Circuit, Jason was appointed by the court in Vasquez v. Starks et al. (No. 08-3121) and Vasquez v. Gross et al. (No. 08-3134) to address whether a district court properly applied the Supreme Court’s decision in Heck v. Humphrey, 512 U.S. 477 (1994), to dismiss two lawsuits brought under 42 U.S.C. § 1983. Jason briefed and argued the case, and he won a ruling that reversed the district court. This case is reported as Vasquez Arroyo v. Starks, et al., 589 F.3d 1091 (10th Cir. 2009).
- Winning reversal of a client’s felony conviction that had been obtained after a jury trial. Jason was the lead appellate lawyer on the case, preparing the briefing and handling the oral argument. This case is reported as People v. Graham, 792 N.Y.S.2d 395 (1st Dep’t 2005).
Before joining Reilly Pozner, Jason was an associate at Wachtell Lipton Rosen & Katz in New York, where he worked on government and regulatory investigations, securities class actions, officer and director fiduciary duty lawsuits, and injunctive actions in the context of public company mergers and acquisitions.
Jason graduated from the Columbia University School of Law, where he was Executive Articles Editor of the Columbia Law Review. During his tenure at Columbia, Jason was named a James Kent Scholar and awarded the Lumbard Fellowship. After graduation, he served as law clerk to the Hon. David M. Ebel of the U.S. Court of Appeals for the Tenth Circuit. He earned an undergraduate degree in political science from Columbia College, Columbia University.
Prior to law school, Jason worked at Kekst and Company, which is widely regarded as the leading corporate and financial communications firm in the United States.
| Practice Areas|
- Complex Commercial & Civil Litigation
- J.D., Columbia University School of Law, 2002
Executive Articles Editor, Columbia Law Review
James Kent Scholar Lumbard Fellow
- B.A., Columbia College, Columbia University, 1994
- Hon. David M. Ebel, U.S. Court of Appeals Tenth Circuit
| || Bar & Court Admissions|
- U.S. District Court for the District of Colorado
- U.S. District Court for the Southern District of New York
- U.S. Court of Appeals for the Tenth Circuit
| || Recognition|
- Listed in Colorado Super Lawyers® (2014)
- Best Lawyers in America® in Litigation-Securities (2014)
- Local Litigation Star in Colorado-Plaintiff, Benchmark Litigation (2014)
- Award of Special Recognition from the Colorado Lawyers Committee (2013)
- Rising Star by Colorado Super Lawyers® (2010-2013)
- Plaintiffs Star in Colorado, Benchmark Litigation (2012, 2013)
| || Presentations & Publications|
- "The Power of Imagery: Using Demonstrative Evidence in Opening Statements" with Dan Reilly, Colorado Bar Association, Winning Trial Tactics (2012)
- "Opening Statements and Demonstrative Evidence" with Dan Reilly (2011)
- Ninth Circuit Limits Scope of Mortgage Litigation by Clarifying Preemptive Reach of Home Owners Loan Act, The Real Estate Finance Journal (Fall 2008)
- Note, Federalism, Separation of Powers, and the Role of State Attorneys General in Multistate Litigation, 101 Colum. L. Rev. 1998 (2001)
| || Professional Memberships|
- Colorado Lawyers Committee (Mental Health Task Force)
- Faculty of Federal Advocates
| || Media|