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
Greenwashing Class Action Litigation: An Emerging Risk for Companies’ Claims of Sustainability
August 2, 2023 | Alert | By Jacob Hupart, Doug Baumstein, Joshua Briones, Will G. McKitterick, Jared Solomon, Alex Mejia
Recent regulatory actions and consumer trends have increasingly motivated companies to make public claims about their products’ sustainability. Corporations, either in response to regulation requiring disclosure, or through their own affirmative efforts to market their products and services, are making detailed environmental and sustainability disclosures. Find out more about the plaintiffs' bar response and how they are bringing a growing number of false advertising class-action lawsuits against companies that they allege cannot substantiate their claims.
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Energy & Sustainability Litigation Updates — July 2023
July 25, 2023 | Article | By Jacob Hupart
New ESG Requirements for Banks that Hold Public Funds May Raise Challenging Compliance Issues
June 29, 2023 | Blog | By Keith Kollmeyer, Jacob Hupart, Ellen Shapiro
Energy & Sustainability Litigation Updates – June 2023
June 29, 2023 | Article | By Jacob Hupart
Read about the likely release of the SEC’s proposed climate disclosures rule in October and the CFTC’s recent call for whistleblower tips concerning fraud or manipulation in the carbon markets.
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A Quantitative Analysis of Comment Letters Issued by the SEC Concerning Climate Change Disclosures
June 8, 2023 | Advisory | By Jacob Hupart, Doug Baumstein, Thomas R. Burton, III, John Condon, Will G. McKitterick, Jaidyn M. Jackson, Tucker Kelsch
From July 2021 through March 2023, the SEC sent reporting entities more than 100 letters seeking information on climate change topics and nearly 170 letters concerning greenwashing. In an in-depth analysis, Mintz attorneys identify and analyze the frequency of various categories of questions as well as the industries and characteristics of the businesses targeted.
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Energy & Sustainability Litigation Updates — May 2023
May 26, 2023 | Article | By Jacob Hupart
Energy & Sustainability Litigation Updates — April 2023
April 26, 2023 | Article | By Jacob Hupart
Energy & Sustainability Litigation Updates — March 2023
March 23, 2023 | Article | By Jacob Hupart
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
News & Press
SEC’s Narrower Emissions Rules Shaped by Powerful Farm Lobby
April 10, 2024
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.
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.
What Is Going On With The SEC Climate Rule Litigation?
March 20, 2024
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.
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.
Two Mintz Attorneys Recognized as ‘Top Authors’ by JD Supra
March 04, 2024
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.
Got an Environmental Issue? Investors Are Scrutinizing Your Response
December 11, 2023
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.
Market Advised to Proceed With Fund Names Rule Compliance
October 18, 2023
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.
SEC's Supply Chain Climate Disclosure Proposal May Be Tweaked, Securities Attorneys Say
September 18, 2023
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.
Member Jacob Hupart and Associate Ellen Shapiro co-authored an article published by the American Bar Association discussing ESG and securities litigation.
Montana Youth Climate Ruling Leaves Much Ground To Cover
August 18, 2023
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.
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.
ESG Mandates For Banks May Bring Compliance Challenges
August 2, 2023
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.
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.
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
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
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
Mar
2
2023
Sellas Life Sciences: Notable ESG Considerations for Public Companies
Notable ESG Considerations for Public companies
Feb
7
2023
OE Environment, Health, Safety, and Sustainability Council: Proposed SEC Rule: “The Enhancement and Standardization of Climate-Related Disclosures for Investors”
Proposed SEC Rule: “The Enhancement and Standardization of Climate-Related Disclosures for Investors”
Speaker
Panelist
Speaker
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Apr
20
2021
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 - 2023)
JD Supra Reader's Choice Awards: Top Author (2024)
Phi Beta Kappa
