Jason C. Schwartz is a litigation partner in the Washington, D.C. office of Gibson, Dunn & Crutcher and a member of the firm's Executive Committee and its five-member Management Committee. He was named one of the top five "MVPs" in employment law for 2016 and 2012, awarded by Law360 to "attorneys whose achievements in major litigation or transactions have set a new standard for accomplishment in corporate law." He is Co-Chair of the Labor and Employment Practice Group, which was named an Employment Practice Group of the Year for 2011-16 and a 2015 Labor and Employment All-Star by Law360 and which was recognized as the nation's top employment group by The American Lawyer in 2012. He was recently profiled in The National Law Journal when it recognized our Washington, D.C. Labor & Employment Practice as L&E Litigation Department of the Year in 2017. He also serves as the firm's General Counsel.
Mr. Schwartz's practice includes high-profile trade secret and non-compete matters, wage-hour and discrimination class actions, Sarbanes-Oxley and other whistleblower protection claims, executive and other sensitive employment disputes, labor union controversies, and workplace safety litigation. In 2017, Am Law Litigation Daily named Mr. Schwartz Litigator of the Week for his win in an independent contractor misclassification/wage-and-hour class action. In 2015, Mr. Schwartz was named by Washingtonian Magazine as one of the Top Lawyers in Employment Defense. He was recognized in 2014, 2015, 2016 and 2017 in labor and employment by Chambers USA, which stated, "Clients note: 'He's an excellent litigator with a good sense of the client's needs in a business environment. He's just a pleasure to work with. He's disciplined, a great writer and gets great results.'" He has also been recognized as one of the top five "Rising Stars" in employment law by Law360 (2012), as a Super Lawyer by Washington, D.C. Super Lawyers (2013-17), on The Nation's Most Powerful Employment Attorneys list/Guide to World-Class Employment Lawyers published by Lawdragon and Human Resources Executive magazine (2017), as a leading individual in labor and employment disputesby The Legal 500 US (2007-17), and as a Rising Star by Euromoney Expert Guides (2016).
Mr. Schwartz has litigated employment and trade secret matters in state and federal courts and administrative forums throughout the country, as well as in arbitration, has represented clients before federal, state and local regulatory agencies and has conducted sensitive internal investigations. Recent representative matters include:
- Prevailed for Enterprise Rent-A-Car in a case of first impression in which the U.S. Court of Appeals for the Third Circuit created a new joint employer test (the Enterprise test) and affirmed summary judgment for a parent corporation in a series of wage-hour class actions, thereby defeating the plaintiffs' effort to form a nationwide class (In re Enterprise Rent-A-Car Wage & Hour Employment Practices Litig. (3rd Cir. 2012));
- Prevailed for Stone & Webster Construction in a nuclear whistleblower case at trial before a U.S. Department of Labor Administrative Law Judge and on appeal in the U.S. Court of Appeals for the Eleventh Circuit; the appeals court vacated and remanded the decision of the U.S. Department of Labor Administrative Review Board, which had erroneously overturned our trial victory (Stone & Webster Constr., Inc. v. U.S. Department of Labor (11th Cir. 2012));
- Won summary judgment for SAIC in a False Claims Act whistleblower retaliation case (Dillon v. SAIC (E.D. Va. 2013));
- Successfully defeated class certification for Sunrise Senior Living in a meal and rest break case in California (Purnell v. Sunrise Senior Living (C.D. Cal. 2012));
- Successfully obtained the dismissal of a lawsuit alleging failure to closed caption certain videos on the website of a Fortune 100 technology and consumer products company (Cal. Super. Ct. 2012);
- Helped to secure a public settlement including non-compete restrictions and payment of $20 million for Capital One Financial Corporation in high-profile non-compete litigation brought against its former president of banking and another former senior executive (Capital One v. Kanas, et al. (E.D. Va. 2012));
- Obtained temporary restraining order and subsequently negotiated settlement after three days of trial in significant non-compete and trade secrets litigation on behalf of AlixPartners against two former Asia-based managing directors (AlixPartners v. Thompson and Naumann (Del. Ct. Chancery 2015));
- Won dismissal of nine of eleven claims in a putative class action brought by translators employed on a U.S. military contract in Kuwait and plaintiffs voluntarily dismissed their remaining two claims after the Court enforced forum selection, choice of law and jury trial waiver provisions and granted a motion to strike plaintiffs' expert testimony (Zaklit, et al. v. Global Linguist Solutions (E.D. Va. 2014)); and
- Prevailed at trial on key unfair labor practices claims brought by the NLRB and Communications Workers of America against Cablevision (In re Cablevision, NLRB ALJ 2016).
Mr. Schwartz has also successfully tried several sensitive whistleblower matters for major national employers, and he prevailed in a precedent-setting Labor Department appeal of one of the first Sarbanes-Oxley whistleblower cases to proceed to trial. In a case of first impression, he successfully argued in the Utah Supreme Court against the recognition of a tort for spoliation of evidence. In addition, he served as lead trial counsel for a retailer in a highly-publicized OSHA enforcement action relating to crowd control at a day-after-Thanksgiving sale.
Mr. Schwartz also has significant experience in administrative law and rulemakings. He served as counsel to the Fair Labor Standards Reform Coalition, and he played a leading role in preparing comments on behalf of the business community relating to the U.S. Department of Labor's overtime exemption regulations.
Mr. Schwartz is the Secretary of the Retail Litigation Center and a member of the U.S. Chamber of Commerce Labor Relations Committee, and he testified before Congress regarding OSHA enforcement programs on behalf of the U.S. Chamber. He frequently speaks and writes on employment law and trade secret related topics. He is the co-author of the treatise Whistleblower Law: A Practitioner's Guide, published by American Lawyer Media/Law Journal Press, as well as the annual "Trade Secrets Litigation Round-Up" published in BNA's Patent, Trademark & Copyright Journal.
Mr. Schwartz earned his law degree magna cum laude from Georgetown University Law Center, where he was elected to the Order of the Coif and received the George Brent Mickum III Prize and the Charles A. Keigwin Award for the best academic record in first year courses. From 1995 to 1996, Mr. Schwartz worked as a Legislative Assistant to Congressman Jon D. Fox. Mr. Schwartz received a B.A. degree in international affairs cum laude in 1994 from The George Washington University.
Mr. Schwartz is admitted to practice in the District of Columbia, Virginia and Maryland, as well as in numerous federal courts. He served for many years as an officer and board member of the Charles E. Smith Jewish Day School, currently serves as a member of the Washington Lawyers Committee of the U.S. Holocaust Memorial Museum, and provides pro bono employment counsel to numerous community organizations.