Overview

Jason Dubner is a litigation attorney in Holland & Knight's Chicago office, where he focuses his practice on assisting insurers and their managing general agents (MGAs) with the analysis and resolution of representations and warranties insurance (RWI) claims.

Mr. Dubner has experience with various types of RWI claims, including alleged breaches of representations regarding an absence of changes, condition of assets, compliance with laws, and financial statements, as well as those regarding material contracts, customers and suppliers. Prior to joining Holland & Knight, Mr. Dubner was the co-chair of the RWI practice at the Chicago office of a large national law firm.

Mr. Dubner also has handled a variety of complex commercial litigations and arbitrations, with an emphasis on reinsurance, insurance and antitrust disputes. In 2017, he was appointed to adjudicate commercial disputes as a panelist on the American Arbitration Association (AAA) National Roster of Arbitrators, where he maintains an active AAA arbitration practice.

As a former economic analyst with the Antitrust Division of the U.S. Department of Justice (DOJ), Mr. Dubner brings the combined perspectives of an economist and a regulator to his practice. He has more than 20 years of experience advising and representing corporate clients in litigation to remedy the economic damages that they have incurred as a result of antitrust conspiracies in the market for key inputs into their own business operations. Mr. Dubner has also represented organizations defending against class action allegations that their companies have been part of an antitrust conspiracy either to fix prices or reduce output in a variety of industries. His experience also includes successfully defending clients against related allegations of Racketeer Influenced and Corrupt Organizations (RICO) Act violations, fraud, conspiracy and breach of contract. In addition, Mr. Dubner advises clients on changes to their existing product distribution networks. He also has experience counseling clients on antitrust matters before state and federal regulators, including in response to third-party subpoenas and civil investigative demands (CIDs).

Mr. Dubner also has first-chaired and second-chaired a number of significant reinsurance arbitrations, representing cedents and reinsurers. Among those arbitrations, Mr. Dubner has dealt with multiple disputes involving automobile dealer/producer-owned reinsurance companies and cedents over the termination of their reinsurance agreements, having served as counsel as well as umpire and party-appointed arbitrator on Alternative Dispute Resolution (ADR) panels faced with related issues.

Representative Experience

  • Represented insurers and managing general agents (MGAs) in response to claims presented by insureds on representations and warranties insurance (RWI) policies
  • Represented a leading supplier of private-label food and beverage products seeking to recover damages caused by its supplier's delivery and subsequent recall of potentially contaminated sunflower kernels
  • Represented a health insurer in a dispute with the federal government over its failure to make risk corridors payments under Section 1342 of the Affordable Care Act (ACA)
  • Defended a satellite dish installer in a putative class action by service technicians against claims alleging violations of the Illinois Wage Payment and Collection Act and the Illinois Minimum Wage Law
  • Represented an insight-driven marketing company in a dispute with a former employee and new employer regarding inevitable misappropriation of trade secrets and breach of employee agreement/tortious interference with contract
  • Represented an insurer seeking declaration that no coverage exists with regard to multimillion-dollar settlements of certain underlying managed care disputes and that the insured has an obligation to reimburse the insurer for previously advanced defense costs
  • Represented a writer of workers' compensation insurance in a $1 billion dispute against an industry leader regarding its fraudulent underreporting of premium
  • Represented an issuer of credit insurance policies in a dispute with an insured bank over the absence of coverage for claims submitted regarding defaults on home equity loans
  • Represented purchasers of substantial quantities of corrugated products in an action for treble damages as opt-outs from class action antitrust litigation
  • Represented a real estate investment trust (REIT) in litigation involving the interpretation of its commercial lease; obtained summary judgment against the defendants' corporate entity followed by a favorable negotiated settlement with the individual defendants
  • Represented an international manufacturer and distributor of computer software in defense of action by disgruntled end-user alleging fraud, breach of contract/warranty and negligent misrepresentation
  • Defended a designer and distributor of advanced software applications in action brought by a former competitor for breach of contract in connection with assumption of competitor's operation; conducted full hearing on the merits, followed by a favorable negotiated settlement

  • Represented a reinsurer of variable annuity death and income benefits in a dispute with cedent regarding contract interpretation issues
  • Represented a reinsurer in a dispute over ceding company's failure to disclose asbestos exposures at the time of placement
  • Represented a reinsurer of variable annuity death benefits in three-week arbitration hearing with cedent life insurer, including presentation of statistical and industry expert testimony
  • Represented a cedent at hearing and obtained a $45 million award for losses and loss adjustment expense arising out of surety business produced by a general agent
  • Represented a reinsurer at a hearing to enforce its right to receive unearned premium on a run-off basis following termination of the reinsurance agreement by the cedent
  • Represented a cedent at a hearing to timely recover limits on an aggregate excess of loss contract

  • Advise insurers and managing general agents (MGAs) in response to claims presented by insureds on representations and warranties insurance (RWI) policies
  • Assist nonparty recipient of civil investigative demands (CIDs) and subpoenas in connection with an ongoing merger investigation by the Federal Trade Commission (FTC)
  • Assist a nonparty recipient with response to CIDs/subpoenas issued by the City of Chicago
  • Represent a pro bono client seeking political asylum in proceedings before U.S. Citizenship and Immigration Services (USCIS)
  • Counseled a global leader in fluid-handling technologies for pump products, dispensing equipment and other industrial products regarding changes to nationwide distribution network

Credentials

Education
  • The University of Chicago Law School, J.D.
  • Swarthmore College, B.A.
Bar Admissions/Licenses
  • District of Columbia
  • Illinois
Court Admissions
  • U.S. District Court for the Northern District of Illinois
  • U.S. Court of Federal Claims
Memberships
  • American Arbitration Association (AAA), National Roster of Arbitrators, Panelist
  • American Bar Association, Antitrust Law Section; Health Care and Pharmaceuticals Committee, Former Vice Chair; Insurance and Financial Services Committee, Former Vice Chair; The Exchange Newsletter, Former Editor; Compliance and Ethics Committee, Former Vice Chair; Distribution and Franchising Committee, Former Vice Chair; The Franchise and Dealership Termination Handbook (2d ed.), Former Co-Project Chair
  • Association Internationale de Droit des Assurances (AIDA) Reinsurance and Insurance Arbitration Society (ARIAS-U.S.)
  • Illinois State Bar Association, Section on Antitrust and Unfair Competition Law, Member; Antitrust and Unfair Competition Law Newsletter, Former Co-Editor
  • Chicago Bar Association, Antitrust Law Committee, Former Chairman; Former Vice Chairman
Honors & Awards
  • The Legal 500 USA, Insurance, 2018

Publications

News