Jacob has a multifaceted litigation practice that encompasses complex commercial litigation, securities litigation, including class action claims, as well as white collar criminal defense and regulatory investigations. He has extensive experience handling all phases of litigation before federal and state courts, managing discovery, and conducting settlement negotiations. Jacob has represented clients in a variety of industries, including financial services, energy, healthcare, education, and the media.
His complex commercial litigation practice encompasses contract disputes, merger-related litigation and business tort claims for a multitude of companies, ranging from start-ups to Fortune 100 conglomerates. Jacob also has extensive experience representing corporations, directors & officers of boards, c-suite executives, and other relevant individuals in shareholder derivative actions, securities class actions, and SEC enforcement proceedings. Much of Jacob’s representation begins, and finishes, before litigation is ever filed through risk assessment and mitigation counselling. He has particular expertise advising companies in a multitude of industries on their ESG disclosures and policies, and managing the related risk exposure.
Jacob is a prolific thought leader who frequently writes and publishes articles on the legal and regulatory issues impacting ESG disclosures, climate change, and pending environmental litigations.
Prior to joining Mintz, he was an associate at a New York-based international law firm, where he assisted with a broad range of litigation, including disputes involving multibillion-dollar claims.
While attending law school, Jacob was a summer intern in the Violent Crimes & Terrorism Section of the US Attorney’s Office for the Eastern District of New York. In law school, he served as an executive technical editor and an articles editor of the Harvard Civil Rights-Civil Liberties Law Review and as a technical editor and an article editor of the Harvard International Law Journal.
As an undergraduate at Columbia, Jacob was awarded the Euretta J. Kellett Fellowship, which funded his two years of graduate study at the University of Cambridge in England.
Experience
Complex Commercial & Securities Litigation
- Representing a generic pharmaceutical company that manufactures topical and injectable drugs, in a securities class action in the Southern District of New York and related stockholder derivative litigation in multiple courts.
- Representing the sole owner of a healthcare system and multiple of the company’s entities in a complex contracts case ongoing in Delaware Chancery Court, which involves competing claims and interests from large health care operating systems, local and state politicians and real estate titans.
- Representing an accounting firm in arbitration concerning a contractual dispute.
- Representing a global alternative asset investment manager in a derivative matter in Delaware Chancery Court.
- Representing one of the nation’s largest health care provider systems in connection with various contract and tort litigations.
- Advised an Ivy League university on issues related to Title IX of the Education Amendments of 1972 and represented the school in cases involving former students.
- Counseled a luxury retailer on matters related to its dispute with an international distributor.
Financial Services
- Represented a global financial services company in a victory at the Second Circuit that enables corporations to enter into consent judgments with federal regulators without making admissions of wrongdoing.
- Represented a global financial services corporation in numerous litigations and regulatory matters related to the subprime and credit crisis.
- Represented a hedge fund and its owner in criminal and regulatory proceedings and litigations connected to claims of insider trading.
Energy
- Represented a multinational nuclear energy company in commercial disputes with a joint venture partner, including the valuation of energy assets.
- Represented a multinational nuclear energy company in a ratepayer dispute with a public utility.
- Represented a multinational oil and gas corporation in cases involving damage claims related to global climate change.
- Represented a multinational oil and gas corporation in federal and state investigations concerning global climate change disclosures.
- Represented a multinational oil and gas corporation at trial opposing a Northeastern State AG involving claims of environmental damages.
- Represented a Fortune 500 energy company in merger-related disputes.
- Represented a financial services company in disputes concerning the valuation of nuclear power assets in the Southeast.
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viewpoints
Energy & Sustainability Litigation Updates — February 2023
February 24, 2023 | Article | By Jacob Hupart
Navigating Fiduciary Duties amidst the Rise of Anti-ESG Rulemaking
February 15, 2023 | Blog | By Doug Baumstein, Jacob Hupart, Will G. McKitterick, Ellen Shapiro
Energy & Sustainability Litigation Updates — January 2023
January 12, 2023 | Article | By Jacob Hupart
Caremark Liability Following the SEC’s New ESG Reporting Requirements
December 16, 2022 | Blog | By Jacob Hupart, Doug Baumstein, Jonathan L. Kravetz, Ellen Shapiro, Will G. McKitterick
Energy & Sustainability Litigation Updates — December 2022
December 13, 2022 | Article | By Jacob Hupart
Is Antitrust ESG's Achilles Heel ? House Republicans Think So.
December 13, 2022 | Blog | By Bruce Sokler, Jacob Hupart, Tinny Song, Payton Thornton
Preparation for 2022 Fiscal Year-End SEC Filings and 2023 Annual Shareholder Meetings
December 7, 2022 | Advisory | By John Condon, Anne Bruno, Melanie Ruthrauff Levy, Jacob Hupart, Cynthia Larose, Breton Leone-Quick, Page R. Hubben
ERISA Fiduciaries May Consider ESG Factors in Selecting Investments and Exercising Shareholder Rights
November 30, 2022 | Alert | By Jacob Hupart, Michelle Capezza, Thomas R. Burton, III, Megan Gates
Energy & Sustainability Litigation Updates — November 2022
November 14, 2022 | Article | By Jacob Hupart
Energy & Sustainability Litigation Updates — October 2022
October 13, 2022 | Article | By Jacob Hupart
News & Press
Biden Uses Veto To Preserve DOL Rule On ESG Investing
March 20, 2023
Member Jacob Hupart spoke to Law360 about President Biden's veto in Congress to preserve the Department of Labor's rule on ESG considerations when making investments into retirement plans.
CalPERS Fossil Fuel Divestment Bill Hinges On Union Support (1)
February 22, 2023
Member Jacob Hupart was interviewed by Bloomberg Law about a California bill that would end California Public Employees’ Retirement System's (CalPERS') and the California State Teachers Retirement System's investments in oil and gas companies.
OpEd: Navigating Fiduciary Duties Amid The Rise Of Anti-ESG Rulemaking
February 14, 2023
Members Douglas P. Baumstein, Jacob H. Hupart and Associates Will G. McKitterick and Ellen Shapiro authored an article for The Deal discussing divides amongst state legislations regarding the implementation of ESG factors in investment decisions.
The World's Elite Gathered To Talk Climate Change At Davos. Now, They're Flying Home On Private Jets
January 20, 2023
The Boston Globe referenced an article written by Mintz Member Jacob Hupart about lobbying against climate efforts in its coverage of the 2023 World Economic Forum.
'Caremark' Liability Following The SEC's New ESG Reporting Requirements
December 15, 2022
Members Douglas P. Baumstein, Jacob H. Hupart, and Securities & Capital Markets Chair and Life Sciences Co-Chair Jonathan L. Kravetz, and Associates Will G. McKitterick and Ellen Shapiro authored an article for the New York Law Journal analyzing the role corporate boards play in monitoring and overseeing a company's operations, particularly in light of the SEC's imminent ESG disclosure rules.
4 Takeaways From DOL's Socially Conscious Investing Rule
November 23, 2022
Mintz Member Jacob Hupart spoke to Law360 about the U.S. Department of Labor's new regulations which intend to alleviate retirement plans' fears about considering environmental, social and governance factors when investing.
Accounting Standard-Setter To Require Scope 3 Disclosure
November 7, 2022
Mintz Member Jacob Hupart spoke to Agenda about the continued push for Scope 3 greenhouse gas emission disclosure requirements as part of the SEC's proposed Climate Rule, despite ongoing pushback from corporates and a potential changeover in Congress.
EPA Launches Their New Office: What Does The Office Of Environmental Justice And External Civil Rights Mean For Companies And ESG In The United States?
October 22, 2022
Mintz Member Jacob Hupart was quoted in an article published by The National Law Review covering the launch of the EPA's new office dedicated to advancing environmental justice and civil rights.
Climate Disclosure Opens up Litigation Path
August 11, 2022
ESG Fund Rules Reignite Debate on SEC’s Remit
August 4, 2022
Political Tensions up The Ante For SEC Green Agenda
July 21, 2022
Board ESG Responsibilities: Who Should Be In Charge?
April 28, 2022
Climate Disclosures?!
July 14, 2021
Mintz Member Jacob Hupart was interviewed by Legal Talk Today to discuss the recent G7 summit and the possibility that American Corporations may be forced to make “climate disclosures” to other nations in their financial reports.
Litigation Attorney Jacob Hupart Joins Mintz
December 09, 2019
Events & Speaking
Mar
15
2023
Corporate Sustainability and Social Initiatives: What You and Your Clients Need to Know
Corporate Sustainability and Social Initiatives: What You and Your Clients Need to Know
Speaker
Panelist
Speaker
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Apr
20
2021
Perspectives
President Biden Issues First Veto to Protect ESG Investing
March 21, 2023
Today, President Biden issued the first veto of his presidency. This action had been heavily telegraphed in advance and was widely expected. Nonetheless, this veto is extraordinarily significant. President Biden has now blocked a ...
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SEC Commissioner Uyeda Suggests that ESG Disclosures Contribute to Decline in IPOs
March 16, 2023
In a recent lecture delivered at Columbia Law School/Business School at the "Going Public in the 2020s" conference, SEC Commissioner Uyeda bemoaned "the general decline in the number of public companies over the past twenty-plus years." ...
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President Biden Threatens First Veto Over Congressional Nullification of DOL Regulation Enabling Consideration of ESG Factors
March 16, 2023
Last fall, the Biden Administration's Department of Labor ("DOL") issued a regulation ("Prudence and Loyalty in Selecting Plan Investments and Exercising Shareholder Rights") that, according to a White House press release, "clarifie[d] that ...
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Publications
- Co-author, Can New York City govern itself? The incongruity of the Court of Appeals' recent cases regarding regulation of New York City by New York City, Albany Law Review, (Fall 2014)
- Co-author, Credit Rating Agency Litigation, The Review of Securities & Commodities Regulation, (March 2014)
Recognition & Awards
- Benchmark Litigation: 40 & Under Hot List (2021 - 2022)
- Phi Beta Kappa
