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Jason C. Vigna

Member

[email protected]

+1.212.692.6820

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Recognized in the latest edition of Chambers USA as being “tenacious for his clients” and “a big picture thinker and a forceful litigator who comes up with creative solutions,” Jason Vigna has extensive experience representing investment funds, public companies and other sophisticated businesses – together with their officers and directors – in complex securities, commercial and corporate governance disputes in trial and appellate courts throughout the country and before the SEC. 

Jason has not only worked on some of the largest securities fraud cases in history (including Worldcom and the "IPO laddering" cases), but also the defense of nearly a dozen small or mid-sized life sciences companies wrongly accused of misleading investors. His track record includes the successful defense of an asset management group in dozens of class, derivative, bankruptcy and individual actions arising out of hedge fund investments made with Bernard Madoff; the successful defense of the former CEO and the former general counsel of the once-largest broker on the Chicago Mercantile Exchange in consolidated actions arising out of the company’s collapse; and representation of the special litigation committee of the then-largest insurance company in the world in an investigation of allegations that senior officers breached their fiduciary duties in connection with a $4 billion accounting restatement.

Jason's current clients include a significant New York private equity fund, a popular online gaming platform and an emerging European software company. He is ranked by Chambers USA as one of the top securities litigators in the United States, has been a preferred securities defense counsel panel member for multiple insurance companies and brokers and is a Legal 500 Recommended Attorney. Published client testimonials call Jason "[c]reative, dedicated, smart and efficient," “commercially savvy,” "always available," “detail-oriented" and "an excellent attorney with a deep understanding of securities litigation and [an] appreciation for litigation strategy" whose “advice blends the legal, commercial and practical."

Prior to joining Mintz, Jason was a partner at another large law firm, where, in addition to representing clients in major commercial litigation and in fights over the control of closely-held companies, he primarily helped clients resolve disputes involving federal and state stockholder- and fraud-related statutes – including numerous cases before the Delaware Court of Chancery and others before the Second Circuit Court of Appeals. 

In addition to U.S. clients, Jason has represented a large number of foreign entities, including several from Israel and others from Bermuda, Bulgaria, Canada, the Cayman Islands, China, England, Germany, Ireland, Italy, Kazakhstan, Luxembourg and Singapore.

Before entering private practice, Jason clerked for the Honorable J.P. Stadtmueller of the US District Court for the Eastern District of Wisconsin.

Experience

  • Defended the officers of a prominent Israeli manufacturing company against securities claims that the officers knowingly misrepresented the performance of a business unit accused of bribery. Achieved complete pleadings-stage dismissal with prejudice of all claims, which sought over $1 billion in damages.
  • After another law firm failed to secure a pleadings-stage dismissal, assumed the defense of an international bank accused of misleading investors about the value of its bonds, in alleged violation of the Securities Exchange Act. Following aggressive fact and expert discovery, obtained complete victory on summary judgment and subsequent affirmance in the Second Circuit Court of Appeals.
  • Defended a national physical therapy clinic operator against a putative securities class action that alleged the company's accounting restatement resulted from a knowing mischaracterization of interests in individual clinics. The court dismissed all allegations with prejudice, finding plaintiffs had alleged no facts from which fraudulent intent could be inferred.
  • Defended a well-known technology company and its directors against consolidated lawsuits that claimed the defendants omitted material information from a proxy statement filed in connection with its merger with another well-known company. Negotiated a limited disclosure-based settlement of all claims before the scheduled stockholder vote, which occurred without incident.
  • Represented a major European private equity fund in expedited Delaware litigation concerning the management of a second fund in which it had invested.  Obtained extremely favorable settlement on the eve of trial.
  • Successfully represented the founder of a respected oilfield services company in a multi-jurisdictional fight to regain control of the company from an absentee owner that nearly drove it to financial ruin.
  • Coordinated the defense of over a dozen financial services companies that allegedly facilitated investments with Bernard Madoff. Obtained complete pleadings-stage dismissal in a judgment finding, among other things, that plaintiffs lacked standing to pursue claims against the defendants and/or that such claims were barred by the Securities Litigation Uniform Standards Act.
  • Defended a pharmaceutical company and its officers against a putative securities class action lawsuit alleging that defendants mischaracterized the likelihood that the company would receive FDA approval to sell its leading drug candidate. Convinced the plaintiffs to drop the suit without any settlement consideration.
  • Defended the former CEO and the former general counsel of the once-largest broker on the Chicago Mercantile Exchange against consolidated actions related to the collapse of the company. Obtained pleadings-stage dismissal of all claims against our clients.
  • Defended the world's largest cannabis company in a wide-ranging Delaware books and records lawsuit. Obtained complete dismissal in a precedent-setting ruling.
  • Represented a global defense technology company in a multipronged dispute with the former officers of its largest subsidiary.  Obtained a favorable settlement on the eve of trial.
  • Defended a global financial services company in a trial and appeal involving allegations that the company committed fraud and breached a contract in connection with the sale of a subsidiary. Secured dismissal of the most significant claims.
  • Defended a global financial and travel-related services company against allegations of illegal trading in the securities of a company on whose board one of the defendant’s executives sat. Obtained pre-discovery dismissal and, ultimately, a token settlement.
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viewpoints

Last week, the United States Supreme Court granted certiorari in NVIDIA Corp. v. E. Ohman J:Or Fonder AB., Case No. 23-970, to address two fundamental questions about how federal securities fraud cases must be pled to survive a motion to dismiss—an issue that arises in nearly every such case. 

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On August 10, 2023, the U.S. Court of Appeals for the Second Circuit took an important step in Arkansas Teacher Retirement System v. Goldman Sachs Group toward clarifying the circumstances in which federal class action plaintiffs can – and cannot – rely on mere presumptions to proceed to the merits phases of logically weak securities fraud cases.
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Last week, the U.S. Supreme Court solidified the “tracing” requirement for private plaintiffs to be able to assert Section 11 claims pursuant to the Securities Act of 1933, holding that plaintiffs asserting such securities fraud claims must show that they own stock that was issued pursuant to an allegedly misleading registration statement—even though such tracing may be impossible in the context of a direct listing.  In effect, the decision likely protects future direct listings from Section 11 liability so long as the direct listing does not involve a “lock-up period” pursuant to which unregistered and registered shares enter the market at different times.

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In our sixth session, the team is joined by Jason Vigna, a Member in our Securities Litigation Practice, to discuss best practices for handling crises in the boardroom — including identifying, documenting, discussing, managing, and disclosing material risks.

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In 2021, approximately on quarter of all federal securities fraud class action lawsuits filed nationwide were against life sciences companies and their officers and directors. These considerations are for directors and officers of life sciences companies looking to manage disclosures and mitigate risk before a suit ever gets filed. 

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News & Press

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BOSTON – Mintz has earned top rankings in the 2023 edition of Legal 500 United States guide. The firm is recognized in 14 practice categories, and 59 individual attorneys are also recognized in the guide, some in more than one category.

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BOSTON –Mintz announced today that 39 of its practices and 81 of its attorneys earned recognition in the 2023 edition of Chambers USA, a guide to the country’s leading law firms.

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Mintz achieved a significant victory for BTA Bank (BTA) on January 18, when the U.S. Court of Appeals for the Second Circuit affirmed summary judgment dismissing all claims against BTA in a nearly decade-long securities fraud lawsuit alleging violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934. This decisive issue of what loss causation evidence a holder of thinly-traded securities must present to prove such claims was a matter of first impression in the Second Circuit.
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The American Banker reported that Home Bancshares filed a supplemental proxy filing detailing its proposed acquisition of Happy Bancshares after a disaffected investor filed suit seeking more information about how Home Bancshares arrived at the deal's $919 million price tag. In the article, Mintz Member Jason Vigna provided insights on these types of merger-objection suits, including with regards to both outcomes for stockholders and venue shifts.
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Mintz Member Jason Vigna was quoted extensively in an article published by MarketWatch on Didi Global after the Chinese government blocked new users from downloading the app, causing shares to fall more than 20%. Specifically, he discussed whether the company's broad disclosure of regulatory risks in it's F-1 is enough to prevent the SEC and private investors from successfully taking action against the company for failure to disclose a specific ongoing investigation into the company, or other violations of securities law.
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The New York Law Journal highlighted the arrival of Jason Vigna as a Member in Mintz’s Securities Litigation Practice in New York. The article also included commentary from Managing Member Bob Bodian on the firm’s sixth consecutive year of revenue gains and the additions of four litigators in the firm’s New York office over the last year, including Members Courtney Rockett, Jeremy Vest, Suman Chakraborty, and Douglas Baumstein.
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Events & Speaking

Speaker
Jul
14
2022

Liability for Security Law Violations

Understanding the Securities Laws 2022 PLI Conference

New York, NY

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Recognition & Awards

  • Chambers USA: New York - Litigation: Securities (2021 - 2024)

  • Recommended by the Legal 500 United States for Dispute Resolution: Securities Litigation – Defense (2017, 2019, 2022, 2023)

     

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Involvement

  • Member, Legal, Compliance & Regulatory Forum, BioNJ. (2018 – 2020)
  • Member, Audit Committee Chair Advisory Council, National Association of Corporate Directors (2017)
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