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Jacob H. Hupart

(he/him/his)

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[email protected]

+1.212.692.6203

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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. As Co-Chair of the ESG Practice Group, and a trusted strategic partner to his clients, Jacob excels at advising companies in a multitude of industries on their ESG disclosures and policies and managing the related risk exposure.

Jacob’s 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. He is adept at handling all phases of litigation before federal and state courts, managing discovery, and conducting settlement negotiations and has represented clients in a variety of industries, including financial services, energy, healthcare, education, and the media.

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 in Delaware Chancery Court, involving 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

In energy-related litigation news, a Federal Acquisition Regulation amendment now requires agencies to prioritize the procurement of sustainable products and services, Florida adopted a law seeking to minimize climate change efforts, numerous recent legal decisions have addressed ESG issues, and the European Parliament approved the Corporate Sustainability Due Diligence Directive.

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Read about environmental, social, and governance (ESG) ratings, including a discussion of their utility, methodologies used to calculate them, and key takeaways for executives, financial professionals, and other market participants concerning the use of ESG scores.

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In energy-related litigation news, the SEC voluntarily stayed its climate disclosure rule amid the Eighth Circuit’s pending review of challenges to the rule, a Texas federal court denied a dismissal motion in an ERISA lawsuit involving investments based on ERISA objectives, and the European Court of Human Rights held that Switzerland violated the human rights of its citizens by failing to adequately protect them from climate change. 

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In energy-related litigation news, the SEC issued its long-awaited climate disclosure rule on March 6, adopting a regulation without the requirement to disclose Scope 3 greenhouse gas emissions that was contained in the proposed rule. In the wake of court challenges from conservative and liberal perspectives, the Fifth Circuit issued a temporary administrative stay of the rule in mid-March.

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Read about the SEC’s long-awaited final rule concerning climate disclosures, entitled “The Enhancement and Standardization of Climate-Related Disclosures for Investors,” which mandates disclosures of climate-related information by US capital markets participants.

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In energy-related litigation news, the US Chamber of Commerce, in combination with other organized business interests, filed a lawsuit in federal court seeking to invalidate two of the climate disclosure laws enacted by California last fall.

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In energy-related litigation news, two bills were proposed in the NH state legislature that would make it a felony to knowingly invest state or taxpayer funds based upon ESG criteria in violation of fiduciary duty. In addition, a recent Delaware state court opinion significantly limited any potential recovery by the State of Delaware in its case against fossil fuel companies.

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Read the latest litigation news in the energy and sustainability space.

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Public companies need to consider regulatory, legal, market, and ESG-related developments in preparing for their fiscal year-end filings with the SEC and their annual shareholder meetings. In an in-depth memorandum, Mintz attorneys discuss the SEC’s new cybersecurity disclosure rule, recent trends in reverse stock splits, and the SEC’s disclosure requirements for Rule 10b5-1 trading plans and insider trading policies, and other emerging issues affecting public companies.

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The SEC has still not issued its final climate-related disclosure rule, despite prior indications that the rule would be issued in the fall of 2023 and SEC Chair Gensler’s recent reiteration of his support for the rule.

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News & Press

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ESG Co-chair Jacob Hupart spoke to Bloomberg Law on the SEC’s decision to pause the implementation of its climate reporting rules allowing litigation to accelerate.

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Sourcing Journal spoke to ESG Co-chair Jacob Hupart on the SEC’s recent decision to issue a voluntary stay on its climate disclosure rule as litigation pends.

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In a recent Responsible Investor article, ESG Co-chair Jacob Hupart shared his insights on the ongoing litigation surrounding the SEC’s climate disclosure rule, addressing the various challenges and uncertainty around the rule’s future.

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ESG Co-chair Jacob Hupart spoke to E&E News providing insight on the new SEC rule aimed at improving transparency in corporate climate reporting and how it will impact the comparability of data across different firms.

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BOSTON – Mintz is pleased to announce that Environmental Law Chair Jeffrey R. Porter  and ESG Co-chair Jacob Hupart have been named ‘Top Authors’ in their respective fields by JD Supra in its 2024 Readers’ Choice Awards. This annual award recognizes top authors and firms for their thought leadership in key topics and reaching high levels of visibility and engagement.

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ESG Co-chair Jacob Hupart was quoted in an Agenda article discussing the increasing emphasis on proactive environmental risk management by corporate boards in response to costly regulatory settlements.

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ESG Co-chair Jacob Hupart was quoted in an IFLR article focused on the guidance that advisers are giving their clients in response to the SEC's fund names rule.

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National Law Journal spoke to Members David Adams and Jacob Hupart on the SEC’s proposed Climate Rule and the rocky future facing Scope Three,  its planned requirements for public companies to disclose greenhouse emissions produced in their supply chains.

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Member Jacob Hupart and Associate Ellen Shapiro co-authored an article published by the American Bar Association discussing ESG and securities litigation.

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Member Jacob Hupart spoke to Law360 about the recent challenge from Montana’s Attorney General to a state judge’s ruling that amendments to the Montana Environmental Policy Act violated youths' constitutional right to a clean and healthful environment.

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Mintz is pleased to announce that four of its attorneys have been recognized in Benchmark Litigation’s 2023 “40 and Under Hot List,” which ranks attorneys aged 40 or younger who have been deemed the most promising rising talent in their respective litigation communities by peers and clients.

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Members Keith Kollmeyer and Jacob Hupart and Associate Ellen Shapiro co-authored an article published by Law360 analyzing the implications of ESG mandates for banks.

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Member Jacob Hupart spoke to The National Law Journal about the Biden administration's efforts to implement ESG requirements on corporations, and the push back these efforts have faced from Republican lawmakers.

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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.

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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.

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Members Douglas P. BaumsteinJacob 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.

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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.

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Members Douglas P. BaumsteinJacob 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.

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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.

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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.

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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.

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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.
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Events & Speaking

Speaker
Mar
27
2023

Navigating Fiduciary Duties amidst the Rise of Anti-ESG Rulemaking

Navigating Fiduciary Duties amidst the Rise of Anti-ESG Rulemaking

Webinar

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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

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Mar
2
2023

Sellas Life Sciences: Notable ESG Considerations for Public Companies

Notable ESG Considerations for Public companies

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Feb
7
2023
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Oct
6
2022

Mintz’s First Annual Energy Transition Summit

40th Floor Conference Center, Mintz

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Panelist
Oct
27
2021

Legal ESG Summit

Legal ESG

Virtual Event

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Publications

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Recognition & Awards

  • Benchmark Litigation: 40 & Under Hot List (2021 - 2023)

  • JD Supra Reader's Choice Awards: Top Author (2024)

  • Phi Beta Kappa

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