Jason Vigna is an internationally-recognized expert in business and securities litigation known for leading high-profile cases. Described in Chambers USA as being “tenacious for his clients” and “a big picture thinker and a forceful litigator who comes up with creative solutions,” Jason represents public companies, investment funds and business leaders in complex securities, commercial and corporate governance disputes in trial and appellate courts throughout the country.
Jason has defended parties in some of the largest securities fraud cases in history (including Madoff, Refco, Worldcom and the "IPO laddering" cases), as well as nearly a dozen small and 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 is particularly sought-out in cross-border disputes, having represented multiple clients from Israel and others from Bermuda, Bulgaria, Canada, the Cayman Islands, China, England, Germany, Ireland, Italy, Kazakhstan, Luxembourg and Singapore.
Jason's current client roster includes a significant New York private equity fund, an NBA All-Star, a popular online gaming platform and an emerging European software company. Jason’s clients describe him in published testimonials as "[c]reative, dedicated, smart and efficient," “commercially savvy,” "always available," “detail-oriented," “highly technical [but skilled in] distill[ing] things into workable terms,” “a thoughtful, passionate advocate for his clients,” 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 leading international 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.
Jason is ranked by Chambers USA as one of the top securities litigators in the United States, is a Legal 500 Recommended Attorney and has been a preferred securities defense counsel panel member for numerous insurance companies and brokers.
Before entering private practice, Jason clerked for the Honorable J.P. Stadtmueller of the US District Court for the Eastern District of Wisconsin.
Experience
- Represented a prominent private equity fund in expedited Delaware litigation seeking to appoint an additional director to the board of, and ultimately to remove the founders of, a potentially fraudulent portfolio company in which the client had invested. Obtained highly favorable settlement prior to the preliminary hearing.
- Successfully represented a $30 billion European private equity fund in expedited Delaware litigation seeking to preclude the fire sale of over a dozen portfolio companies held by a third party private equity group in which the client had invested.
- Following the failure by another law firm 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 Section 10(b) 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 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.
- Defended the world's largest cannabis company in a wide-ranging Delaware books and records lawsuit. Obtained complete dismissal in a precedent-setting ruling.
- Successfully represented the founder of a highly-respected oilfield services company in a multi-jurisdictional fight to regain control of the company from a financial investor that nearly drove it to financial ruin.
- 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, allowing it to take place without incident.
- Defended a national physical therapy clinic operator against a putative securities class action that alleged that the company's accounting restatement resulted from a knowing mischaracterization of interests in individual clinics. Obtained dismissal with prejudice of all allegations in a decision finding that plaintiffs had alleged no facts from which fraudulent intent could be inferred.
- 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. Persuaded the plaintiffs to drop the suit without any settlement consideration.
- Represented a global defense technology company in a multipronged fiduciary duty dispute with the former officers of its largest subsidiary. Obtained a favorable settlement on the eve of trial.
- Successfully defended a sovereign wealth fund and a major pension fund against an adversary proceeding that sought to “drag” the clients out of their multi-billion-dollar investments in a public utility.
- Coordinated the defense of over a dozen financial services companies that allegedly facilitated investments with Bernard Madoff. Obtained complete pleadings-stage dismissal and subsequent affirmance in precedent-setting judgments finding, among other things, that plaintiffs insufficiently alleged scienter to maintain their federal securities claims and lacked standing to pursue any other claims against the defendants and/or that such claims were barred by the then-new Securities Litigation Uniform Standards Act.
- Defended a global financial services company in a trial and subsequent 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 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 the clients.
- 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.
- Advised investors in several publicly-traded companies in connection with their efforts to take those companies private.
Advised the boards of directors, officers and general counsel of numerous companies about minimizing litigation risk related to corporate transactions and events.
viewpoints
SCOTUS Grants Certiorari to Hear NVIDIA Fraud Appeal on PSLRA Pleading Standard
June 24, 2024 | Blog | By Jason Vigna, Ellen Shapiro, Patrick E. McDonough, Michael Alario
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.
Second Circuit Clarifies the Circumstances in Which Presumptions Can Be Used To Support Federal Securities Fraud Class Action Lawsuits
August 22, 2023 | Blog | By Jason Vigna, Aaron R. Megar
The Supreme Court Solidifies the Securities Act’s Tracing Requirement For Section 11 Plaintiffs
June 9, 2023 | Blog | By Doug Baumstein, Jason Vigna, Ellen Shapiro, Aaron R. Megar
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.
Minimizing Stockholder Litigation Risks
February 18, 2022 | Blog
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.
News & Press
Mintz has earned top rankings in the 2025 edition of Legal 500 United States and Canada guides. The firm is recognized in 20 practice categories, and 78 of its attorneys are individually ranked in the guide, with several receiving recognition in more than one category. Additionally, two attorneys are featured in the "Hall of Fame," seven attorneys are named "Leading Lawyers," and five attorneys are recognized as a "Next Generation Lawyers."
Chambers USA has recognized 43 of Mintz’s practices and 88 of its attorneys in its 2025 guide to the country’s leading law firms. Of those featured in the guide, 17 attorneys and seven practice areas were awarded Chambers’ highest ranking, Band 1. The firm expanded its rankings this year with three new practice area listings and 17 attorneys recognized for the first time or in additional categories.
Mintz announced today that 42 of its practices and 83 of its attorneys earned recognition in the 2024 edition of Chambers USA, a guide to the country’s leading law firms. Of those included in the guide, 18 attorneys and seven practice areas were awarded Chambers’ highest ranking, Band 1. The firm obtained new listings in three practice areas and 10 of its lawyers were recognized for the first time.
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.
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.
Digital Health Companies Hit With Securities Fraud Suits
June 20, 2022
Mintz Wins Second Circuit Victory for BTA Bank in Long-Running Securities Fraud Case
January 26, 2022
Home Bancshares Defends Price Tag of Texas Acquisition
December 10, 2021
Didi Debacle Riles Lawmakers Who Seek to Block U.S. Investors from Trading Chinese Stocks
July 8, 2021
podcasts
From the Edge - In the Boardroom: Session 6 - Crises in the Boardroom
December 7, 2022 | Podcast | By Melanie Ruthrauff Levy, Stephen Osborn, Jason Vigna
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.
Events & Speaking
Liability for Security Law Violations
Understanding the Securities Laws 2022 PLI Conference
New York, NY
Recognition & Awards
Chambers USA: New York - Litigation: Securities (2021 - 2025)
Recommended by the Legal 500 United States for Dispute Resolution: Securities Litigation – Defense (2017, 2019, 2022-2025)
Involvement
- Member, Legal, Compliance & Regulatory Forum, BioNJ. (2018 – 2020)
- Member, Audit Committee Chair Advisory Council, National Association of Corporate Directors (2017)
Recent Insights
Mintz has earned top rankings in the 2025 edition of Legal 500 United States and Canada guides. The firm is recognized in 20 practice categories, and 78 of its attorneys are individually ranked in the guide, with several receiving recognition in more than one category. Additionally, two attorneys are featured in the "Hall of Fame," seven attorneys are named "Leading Lawyers," and five attorneys are recognized as a "Next Generation Lawyers."
Chambers USA has recognized 43 of Mintz’s practices and 88 of its attorneys in its 2025 guide to the country’s leading law firms. Of those featured in the guide, 17 attorneys and seven practice areas were awarded Chambers’ highest ranking, Band 1. The firm expanded its rankings this year with three new practice area listings and 17 attorneys recognized for the first time or in additional categories.
