Jack Yoskowitz is a partner in Seward & Kissel’s Litigation Group where he specializes in complex commercial and corporate litigation and regulatory matters predominantly for financial services institutions and individuals. Jack regularly represents clients in securities regulatory matters and private litigation, including proceedings brought by the Securities Exchange Commission, state securities regulators and self-regulatory organizations. Jack has tried cases in Federal and State courts as well as before various arbitration organizations.
Jack is very involved in the community. He is the partner in charge of Pro Bono efforts at Seward & Kissel, and was honored by Her Justice (formerly inMotion) as the recipient of the Commitment to Justice Award for Outstanding Partner. Jack is also an active Member of the External Advisory Board of Penn State’s Schreyer Honors College.
Jack has spoken and authored articles on matters relating to litigation and SEC matters, and he chairs the annual New York City Bar Association course titled, “Scope of Attorney-Client Privilege.”
Jack received a B.S. with distinction from Pennsylvania State University and was in the University Scholars Program (now Schreyer Honors College). He received his J.D. from Columbia University Law School, where he was a Harlan Fiske Stone Scholar. He has been recognized as a leading lawyer in Business Litigation (New York Super Lawyers, 2013 to 2018). Jack is admitted to practice in the United States Supreme Court, the State of New York, the United States Court of Appeals for the Second Circuit, and the United States District Courts for the Southern and Eastern Districts of New York.
Jack has gained significant first-chair trial and arbitration experience including on bet-your-company matters. His notable representations and achievements include:
- In March 2017, Jack won summary judgment motion dismissing an action brought by the SEC against an investment management firm and individual in a significant ruling of first impression involving the extraterritoriality of Rule 105 of Regulation M (short selling in connection with a public offering). Click here to read the full decision.
- In February 2017, Jack represented an activist hedge fund involved in a shareholder proxy battle where the underlying company claimed the client should not be allowed to file its own proxy. After Jack and his colleagues filed a comprehensive complaint and a motion for immediate injunctive relief, a settlement was reach given the client everything it had requested in the lawsuit.
- Won summary judgment for a major financial institution dismissing complaint in its entirety that had sought over $90 million in damages. Decision affirmed in Appellate Court in 2016.
- Acted as trial counsel for an Investment Manager and underlying investment fund in an arbitration in which Jack successfully defended claims brought by an Employee who had been terminated for cause. The Employee sought a declaration that his termination was invalid, as well as damages of unpaid salary and 15% of carried interest of the fund. The Arbitrator denied all of the employee’s claims and found that the Investment Manager properly terminated the Employee for cause. The Arbitrator further granted the Investment Manager an injunction preventing the Employee from using its Track Record and required him to destroy all confidential information in his possession.
- Counsel for various defendants in the multi-state Tribune fraudulent conveyance actions.
- Represented money manager in SEC action brought in the Southern District of New York alleging violations of Rule 105 of Regulation M.
- Trial counsel for private equity fund and public company in shareholder rights dispute tried in Delaware Chancery Court.
- Trial counsel for investment manager in dispute brought by former partner. The case went to jury trial in New York State Supreme Court and a successful result was reached.
- Represented private equity fund in a litigation brought by an investor and successfully dismissing claims for breach of fiduciary duty, fraud, and breach of contract arising out of a capital call.
- Represented various investment managers and individuals in SEC and FINRA inquiries concerning insider trading, “wash sales” and Reg M issues. Inquiries dropped or case successfully settled.
- Settled through ADR process, multi-million dollar ISDA claims in connection with Lehman bankruptcy proceedings.
- Having claims dismissed against foreign directors in a New York State action claiming breaches of fiduciary duty.
- Represented Caymans-based investment funds in multi-million dollar litigation over indenture agreements.
- Represented independent director in a high profile litigation in the Southern District of New York.
- Obtained favorable jury award and damages in an action against VIP Community Services, Inc. (a non-for-profit organization), brought in Bronx County Supreme Court by a general contractor alleging breach of contract.
- Arbitration counsel for money manager in an NASD arbitration brought by investor claiming $2 million in lost profits. Arbitration hearings were held and a favorable decision was reached.