Overview
Jason Gerstein represents leading accounting firms and accountants in all types of civil litigations and arbitrations, and in enforcement proceedings before the US Securities and Exchange Commission (SEC), Public Company Accounting Oversight Board (PCAOB) and other state and federal agencies.
In addition to his accounting litigation practice, Jason often represents issuers, directors and officers in securities fraud class actions and shareholder disputes. He also litigates complex commercial litigation matters, including contract, fiduciary duty, trade secrets and bankruptcy cases for a range of clients in the financial services, healthcare, media and entertainment, and real estate industries.
Jason practices in all levels of court, including state and federal district, appellate and bankruptcy courts across the country. He also practices before arbitration panels.
Results
Accounting Defense
- Numerous successful and ongoing representations of national accounting firms and their professionals in SEC, PCAOB, and other regulatory investigations and enforcement actions
- Multiple successful and ongoing representations of national accounting firms and their professionals in confidential arbitrations arising from audit, tax and advisory-related disputes
- Obtained dismissal of third-party contribution and indemnity claims filed in federal court against a national accounting firm arising from audits of a publicly traded digital marketing company
- Successfully enforced a contractual arbitration clause in state court to compel arbitration of a tax malpractice claim against a national accounting firm; the Supreme Court of the State of New York, Appellate Division, First Judicial Department affirmed the decision on appeal
- Obtained dismissal of a tortious interference claim brought against a national accounting firm in federal court*
Securities
- Representing a publicly traded e-commerce company against a putative class action filed in federal court asserting violations of the Securities Act and Exchange Act
- Obtained dismissal of Securities Act and Exchange Act claims filed in federal court against a national accounting firm relating to audits of a publicly traded insurance company; the US Court of Appeals for the Second Circuit decision affirmed the decision
- Obtained dismissal of Securities Act and Exchange Act claims filed in federal court against a global pest control company and its former executives
- Obtained dismissal of an Securities Act and Exchange Act claim filed in federal court against a national accounting firm relating to audits of a publicly traded apparel company
- Obtained dismissal of securities fraud and related claims filed in federal court against a private pharmaceutical company*
Restructuring
- Represented Gulf Coast Health Care in a five-day contested confirmation hearing resulting in the confirmation of a Chapter 11 plan by US Bankruptcy Court for the District of Delaware
- Represented Quorum Health Corporation in a five-day contested confirmation hearing; US Bankruptcy Court for the District of Delaware confirmed the Chapter 11 plan over equity holder objection
- Represented a Canadian creditors committee in the cross-border Nortel insolvency litigation; after a six-week trial, US and Canadian bankruptcy courts adopted the committee’s proposed pro rata allocation of $7.3 billion in global asset sale proceeds
Commercial/Other
- Representing a global car rental provider in a putative class action pending in federal court alleging breach of rental agreement terms
- Obtained dismissal of breach of contract, unfair competition/trade secret and fraud claims brought against a biotechnology company in state court
- Obtained a confidential arbitration award dismissing a contractual indemnification claim brought by a former CEO against a national accounting firm in private arbitration
- Obtained dismissal of an unjust enrichment claim brought against a national accounting firm in state court
- Obtained dismissal of a fiduciary duty claim brought against an international commercial real estate services company in state court; Supreme Court of the State of New York, Appellate Division, First Judicial Department affirmed the dismissal*
- Obtained dismissal of an unjust enrichment claim brought against a private investment firm in federal court, which was subsequently affirmed by the US Court of Appeals for the Second Circuit*
- Represented a global media organization in the Delaware Court of Chancery regarding cable and satellite television distribution agreements and other contractual disputes *
- Obtained summary judgment for a limited partnership in state court in a lawsuit seeking to invalidate a fraudulently conceived commercial lease agreement*
*Matter handled prior to joining McDermott
Recognitions
- Super Lawyers New York Metro Rising Stars, 2017 – 2023
Community
- Peer Forward, Leadership Council member
Credentials
Education
University of Michigan Law School, 2006
University of Pennsylvania, magna cum laude, 2004
Admissions
New York
Courts / Agencies
US Court of Appeals for the First Circuit
US Court of Appeals for the Second Circuit
US Court of Appeals for the Third Circuit
US Court of Appeals for the Sixth Circuit
US District Court for the Eastern District of New York
US District Court for the Southern District of New York
