Hirsch, Jason D.

Jason D. Hirsch

Jason Hirsch is a litigator with a broad range of experience representing clients in civil litigation, both in the trial court and on appeal, and in governmental investigations. His litigation practice has focused on complex commercial disputes and defense of class actions. He has represented a diverse group of clients in cases involving securities, antitrust, contract law, consumer-protection statutes, issues of arbitrability, fraud, and bankruptcy, among others. Mr. Hirsch also has extensive experience representing clients in investigations on a range of issues, including securities fraud, healthcare fraud and antitrust, by federal and state authorities, including the US Department of Justice, United States Congress and Consumer Financial Protection Bureau, often in parallel with defending related civil litigations. 

Mr. Hirsch has represented clients in a wide variety of appellate matters in the Supreme Court of the United States and federal and state appellate courts around the country. He has been involved in briefing and oral argument for matters involving constitutional law, securities, banking, election law, immigration, intellectual property and criminal law, among others. At the US Supreme Court, Mr. Hirsch has filed numerous merits and amicus briefs, including as counsel of record, participated in successful efforts to obtain or oppose certiorari, and helped secure five merits victories for clients. In addition to regularly advising clients on issues of public policy, Mr. Hirsch has worked closely and extensively with a diverse set of federal and state elected officials on questions of public policy implicated by US Supreme Court litigation.

Before joining the firm in 2007, Mr. Hirsch served as an intern with the Criminal Division of the United States Attorney's Office for the Southern District of New York. 

Professional Activities

Mr. Hirsch is a member of the Federal Bar Council American Inn of Court.

Experience

Recent Highlights

Appellate Litigation

  • Kingdomware Technologies v. United States, 136 S. Ct. 1969 (2016): Mr. Hirsch helped lead the team that won in the Supreme Court on behalf of Kingdomware Technologies when the Court ruled that a 2006 law giving small businesses owned by service-disabled veterans preferences in VA contracting is mandatory. The decision affects billions of dollars of contracts awarded each year.
  • Arizona State Legislature v. Arizona Independent Redistricting Commission, 125 S. Ct. 2652 (2015): Mr. Hirsch helped lead the team that secured a landmark election law ruling on behalf of the Arizona Independent Redistricting Commission when the Supreme Court ruled that the Constitution creates no obstacle to the citizens of Arizona giving the power to draw congressional districts to an independent commission instead of the state legislature.
  • Reyes Mata v. Lynch, 135 S. Ct. 2150 (2015): Mr. Hirsch helped lead the team that won a significant Supreme Court immigration case that confirmed the right of noncitizens to seek equitable tolling of the time for moving to reopen a removal proceeding due to ineffective assistance of counsel.
  • Agency for Int'l Development et al. v. Open Society Int'l, Inc., et al., 133 S. Ct. 2321 (2013): The successful representation, starting at the district court over a decade ago, of a coalition of non-governmental organizations dedicated to public health in a landmark US Supreme Court case upholding the First Amendment rights of these organizations to accept US government funds to fight HIV/AIDS around the world without being forced to espouse any government-mandated message as a condition of the funding.

Class Actions and Parallel Proceedings

  • Twice obtained dismissal of class action complaint concerning alleged market manipulation on behalf of prominent high frequency trading firm.
  • Successful representation of major investment bank in high-profile regulatory investigation and class-action civil litigation concerning alleged securities fraud by traders on the floor of the NYSE.  
  • Successful representation of a major natural gas company in DOJ and State AG investigations of alleged anticompetitive leasing practices and in multiple civil litigations over similar conduct.  
  • Ongoing representation in trial and appellate courts of prominent investment bank regarding alleged price manipulation and misrepresentations with respect to closed-end municipal securities funds.  

Investigations

  • Representation of multiple hedge funds in DOJ insider trading investigations.
  • Representation of multiple employees of major pharmaceutical company in criminal investigation related to marketing practices.
  • Representation of investment bank in criminal investigation pertaining to sales of mortgage-backed securities.  

Recognition

Honors & Awards

Nominated for Federal Bar Council's 2016 Thurgood Marshall Award for Exceptional Pro Bono Service.

As a member of his law school's Moot Court Honor Society, Mr. Hirsch won the Irving R. Kaufman Securities Law Competition. He also won the competition's Best Respondent's Brief and Best Final Round Advocate. 

Insights & News

Credentials

  • Education

    • JD, Yeshiva University, Benjamin N. Cardozo School of Law, 2007

      Moot Court Honor Society, Jacob Burns Medal Recipient
    • BA, History and Economics, Boston College, 2003

      cum laude
  • Admissions

    • New York

Credentials