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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. 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

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

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What Public Comments on the SEC’s Proposed Climate-Related Rules Reveal—and the Impact They May Have on the Proposed Rules

July 20, 2022 | Blog | By Jacob Hupart, Megan Gates, William F. Weld, Doug Baumstein, Jennifer Rubin, Courtney O. Taylor, Luke Haubenstock

This article provides a brief summary of the public comments submitted to the SEC regarding the Commission's proposed climate-related rules, and analyzes and summaries the key points the comments conveyed.
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Read our Insights on ESG Regulatory Issues

July 1, 2022 | Blog | By Jacob Hupart

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SEC Proposes Regulations to Address “Greenwashing” By Investment Funds

June 13, 2022 | Blog | By Jacob Hupart, Megan Gates, Doug Baumstein, Pete Michaels, Courtney O. Taylor, William F. Weld, Thomas R. Burton, III, Sahir Surmeli

In this article, Mintz attorneys explore the SEC's recently issued proposed regulations on "greenwashing" and how the rules would effect investment advisers and investment companies if implemented.
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Who Should Be In Charge of Board ESG Responsibilities?

April 28, 2022 | Blog | By Jennifer Rubin, Jacob Hupart, Megan Gates

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In this webinar, former Massachusetts Governor Bill Weld, and Members Megan Gates and Jacob Hupart, examine key takeaways from the SEC’s proposed climate-related disclosures rule.
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News & Press

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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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Perspectives

SEC Highlights ESG Enforcement Activity in Annual Report
November 23, 2022
The SEC recently announced its yearly summary of enforcement activity.  Among the items it chose to highlight were its efforts to enforce ESG-related issues. ESG was one of only a handful of subject matter areas that the SEC chose to ...
Department of Labor Enables Consideration of ESG Factors in ERISA Investments
November 23, 2022
Yesterday, the Department of Labor "released a final rule under the Employee Retirement Income Security Act (ERISA) . . . [that] clarif[ied] that fiduciaries may consider climate change and other environmental, social, and governance (ESG) ...
Biden Administration Proposes That Federal Contractors Must Disclose GHG Emissions
November 14, 2022
Last Thursday, the Biden Administration proposed that all federal contractors (except those receiving less than $7.5 million annually in contracts) be required to, among other things, disclose their GHG emissions.  Specifically, according ...
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Publications

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Recognition & Awards

  • Benchmark Litigation: 40 & Under Hot List (2021 - 2022)
  • Phi Beta Kappa
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Jacob H. Hupart

(he/him/his)

Member

New York