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Profile Picture

Jason C. Schwartz

Jason
Schwartz

Partner

CONTACT INFO

jschwartz@gibsondunn.com

TEL:+1 202.955.8242

FAX:+1 202.530.9522

Washington, D.C.

1050 Connecticut Avenue, N.W., Washington, DC 20036-5306 USA

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PRACTICE

Labor and Employment Appellate and Constitutional Law Class Actions Environmental, Social and Governance (ESG) Executive Compensation and Employee Benefits Intellectual Property Law Firm Defense Litigation Privacy, Cybersecurity and Data Innovation Sports Law Trade Secrets

BIOGRAPHY

Jason C. Schwartz is a litigation partner in the Washington, D.C. office of Gibson, Dunn & Crutcher, co-chair of the Labor & Employment Practice Group, and General Counsel of the law firm.  He was recognized as one of the top five “MVPs” in employment law four times, in 2020, 2019, 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.” The practice group Jason co-leads was named D.C. Labor & Employment Litigation Department of the Year Winner by The National Law Journal four years in a row (2020, 2019, 2018 and 2017); Jason was profiled in the 2019 NLJ announcement.  The group was also named a Labor & Employment Management Firm of the Year for 2019 by Benchmark Litigation, and was recognized six times since 2012 as a Law360 Employment Practice Group of the Year, in 2018 and 2011-16.

Jason’s practice includes sensitive workplace investigations, high-profile trade secret and non-compete matters, wage-hour and discrimination class actions, Sarbanes-Oxley and other whistleblower protection claims, executive and other significant employment disputes, labor union controversies, and workplace safety litigation.  In 2017, Am Law Litigation Daily named him Litigator of the Week for his win in an independent contractor misclassification/wage-and-hour class action.  Jason is a Fellow of the College of Labor & Employment Lawyers and has been recognized as a Top Lawyer in Employment Defense by Washingtonian Magazine; a Labor & Employment Star by Benchmark Litigation; in the Best Lawyers in America in the Employment Law-Management category; on the Top 100 list of the Nation’s Most Powerful Employment Attorneys by Human Resource Executive magazine; as a Super Lawyer by Washington, D.C. Super Lawyers; and as a Leading Lawyer in Labor & Employment Disputes by The Legal 500 US.  In addition, he has been recognized in Labor & Employment by Chambers USA, which stated, “Clients describe him as both an ‘outstanding’ and ‘terrific lawyer.’”  According to Chambers USA, “[c]lients 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.”

Recent representative matters include:

  • Led high-profile workplace investigations for a Special Committee of the Board of Directors of Wynn Resorts (2018) and for Vox Media (2017);
  • Won summary judgment and Second Circuit appeal in independent contractor misclassification class actions for Credico on joint employer and outside sales exemption arguments (Martin v. Assurance Wireless, et al. (S.D.N.Y. 2017) and Vasto v. Credico, et al. (S.D.N.Y. 2017, 2nd 2019));
  • 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 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);
  • 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 (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 (Purnell v. Sunrise Senior Living (C.D. Cal. 2012));
  • 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));
  • 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);
  • 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)); and
  • 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)).

Jason 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.

Jason 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.

Jason is the Secretary of the Retail Litigation Center, 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 by Bloomberg BNA.

Jason 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, he worked as a Legislative Assistant to Congressman Jon D. Fox.  Jason received a B.A. degree in international affairs cum laude in 1994 from The George Washington University.

Jason 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.

EDUCATION

Georgetown University - 1998 Juris Doctor

The George Washington University - 1994 Bachelor of Arts

ADMISSIONS

District of Columbia Bar

Maryland Bar

Virginia Bar

RECENT PUBLICATIONS

Client Alert - March 1, 2021 | Scope of Employer Liability for Discriminatory Conduct Under New York City Law Narrowed by Court of Appeals
Firm News - January 22, 2021 | Five Gibson Dunn Attorneys Named Among Washingtonian Magazine’s 2020 Top Lawyers
Client Alert - January 13, 2021 | 2020 Year-End California Labor and Employment Update
Firm News - December 12, 2020 | Eleven Gibson Dunn Partners Named Top Employment Lawyers
Firm News - October 5, 2020 | Law360 Names Eight Gibson Dunn Partners as 2020 MVPs
Client Alert - October 1, 2020 | Executive Order on Combating Race and Sex Stereotyping
Client Alert - October 1, 2020 | SEC Amends Whistleblower Rules
Firm News - July 6, 2020 | Gibson Dunn Ranked in 2020 U.S. Legal 500
Client Alert - April 6, 2020 | Important Considerations in Implementing Workforce Furloughs
Client Alert - April 2, 2020 | Department of Labor Issues Temporary Regulations for Families First Coronavirus Response Act
Client Alert - March 26, 2020 | Senate Advances the CARES Act, the Largest Stimulus Package in History, to Stabilize the Economic Sector During the Coronavirus Pandemic
Client Alert - March 26, 2020 | Department of Labor Issues Guidance on Families First Coronavirus Response Act
Client Alert - March 16, 2020 | U.S. Employment Law Considerations for Companies Responding to COVID-19
Client Alert - February 26, 2020 | National Labor Relations Board Announces Final Rule Governing Joint-Employer Status Under the National Labor Relations Act
Client Alert - January 30, 2020 | 2019 Trade Secrets Roundup and 2020 Trends
Firm News - November 13, 2019 | Law360 Names Nine Gibson Dunn Partners as 2019 MVPs
Firm News - August 15, 2019 | Gibson Dunn Lawyers Recognized in the Best Lawyers in America® 2020
Firm News - July 11, 2019 | Gibson Dunn Ranked in 2019 U.S. Legal 500
Firm News - June 13, 2019 | Jason Schwartz Elected Fellow of The College of Labor and Employment Lawyers
Firm News - May 31, 2019 | Gibson Dunn Named Winner in Two Categories for D.C. Litigation Department of the Year
Firm News - April 2, 2019 | Six Gibson Dunn Partners Named Top Employment Lawyers
Client Alert - January 29, 2019 | Illinois Supreme Court Finds BIPA Violations Actionable, Even With No “Actual Injury”
Client Alert - January 17, 2019 | 2018 Trade Secrets Litigation Roundup
Firm News - November 29, 2018 | Five Gibson Dunn Attorneys Named Among Washingtonian Magazine’s 2018 Top Lawyers
Publications - November 27, 2018 | California Court of Appeal Decision Creates Uncertainty Regarding the Continued Enforceability of Employee Non-Solicitation Provisions
Article - November 7, 2018 | Surveying The State Of Workplace Harassment Investigations
Client Alert - October 5, 2018 | What Employers Need to Know About California’s New #MeToo Laws
Client Alert - July 6, 2018 | Update on California Immigrant Worker Protection Act (AB 450)
Firm News - June 21, 2018 | Gibson Dunn Partners Named Top Employment Lawyers
Article - June 18, 2018 | FLSA Turns 80: The Divide Over Joint Employment Status
Firm News - June 18, 2018 | Gibson Dunn Ranked in 2018 U.S. Legal 500
Client Alert - May 2, 2018 | The Latest Legislative Responses to #Metoo: New Requirements for Sexual Harassment Training, Arbitration and Settlement Agreements in New York and Evolving Legislation in Other States
Client Alert - January 19, 2018 | 2017 Trade Secrets Litigation Round-Up
Firm News - November 3, 2017 | Jason Schwartz Named Litigator of the Week
Client Alert - May 11, 2017 | Two Employment Law Developments Create Risk of Shareholder Action for Public Companies
Webcasts - May 10, 2017 | Webcast: Labor & Employment Developments in the Trump Administration
Client Alert - March 20, 2017 | Judge Neil Gorsuch’s Potential Impact on the Development of Labor and Employment Law
Client Alert - February 6, 2017 | President Trump Issues Executive Order on Financial Regulation, and Memorandum on Department of Labor Fiduciary Rule
Client Alert - February 1, 2017 | Recent Developments Regarding Executive Order on Immigration
Client Alert - January 30, 2017 | President Trump Issues Executive Order on Immigration
Client Alert - January 27, 2017 | 2016 Trade Secrets Litigation Round-Up
Client Alert - January 10, 2017 | 2016 Year-End Criminal Antitrust and Competition Law Update
Article - December 5, 2016 | A DOJ Crackdown on Employee Recruiting and Compensation
Client Alert - October 26, 2016 | Antitrust Agencies Issue Guidance for Human Resource Professionals on Employee Hiring and Compensation
Client Alert - October 25, 2016 | Federal District Court Enjoins Enforcement of Key Provisions of Executive Order 13673, Fair Pay and Safe Workplaces
Client Alert - June 20, 2016 | Department of Labor Releases Revisions to Sex Discrimination Guidelines for Federal Contractors
Client Alert - May 31, 2016 | Equal Employment Opportunity Commission Issues Final Wellness Plan Regulations
Client Alert - May 18, 2016 | Department of Labor Releases Revised Overtime Pay Regulations
Client Alert - May 11, 2016 | President Obama Signs Federal Trade Secrets Law
Article - January 22, 2016 | 2015 Trade Secrets Litigation Round-Up
Client Alert - January 13, 2015 | 2014 Trade Secrets Litigation Round-Up
Client Alert - August 13, 2014 | Sweeping Executive Order Increases Government Contractors’ Labor Law Compliance Burdens
Webcasts - April 3, 2014 | Webcast – Whistleblower Protections Extended in Lawson v. FMR LLC – What Should Employers Expect Next?
Client Alert - January 31, 2014 | 2013 Trade Secrets Litigation Round-Up
Client Alert - December 18, 2013 | Labor Department’s Ruling in “Whistleblower” Cases Could Implicate Employers’ Ability to Enforce Workplace Standards
Client Alert - January 18, 2013 | 2012 Trade Secrets Litigation Round-Up
Client Alert - September 20, 2012 | California Court of Appeal Decision Highlights Importance of Tying Non-Competes to Sale of Business
Client Alert - June 19, 2012 | In a Ruling with Important Implications for Courts’ Deference to Agencies, U.S. Supreme Court Rejects Department of Labor Position on Overtime for “Outside Sales” Employees
Client Alert - January 13, 2012 | 2011 Trade Secrets Litigation Round-Up
Client Alert - December 16, 2011 | SEC and CFTC Whistleblower Rules and Anti-Retaliation Protections
Client Alert - August 1, 2011 | The Extraterritorial Application of the Dodd-Frank Whistleblower Provisions
Article - July 29, 2011 | SEC Adopts Final Rules Implementing Whistleblower Provisions of Dodd-Frank Act
Article - June 17, 2011 | Whistleblower Protection Under the SEC’s New Dodd-Frank Regulations: A Practical Guide for Employers
Client Alert - June 10, 2011 | Recent Developments in Trade Secret Law: the Computer Fraud and Abuse Act
Client Alert - May 31, 2011 | SEC Adopts Final Rules Implementing Whistleblower Provisions of Dodd-Frank
Client Alert - February 9, 2011 | OSHA Announces Temporary Retreat Regarding Noise and Musculoskeletal Initiatives
Client Alert - January 21, 2011 | 2010 Trade Secrets Litigation Round-Up
Client Alert - December 21, 2010 | U.S. EEOC Issues Final Regulations Implementing the Genetic Information Nondiscrimination Act
Client Alert - July 21, 2010 | The Dodd-Frank Act Reinforces and Expands SEC Enforcement Powers
Client Alert - June 18, 2010 | Unanimous U.S. Supreme Court Ruling in “Quon” Highlights Importance of Employer Technology-Usage and Privacy Policies
Client Alert - February 24, 2010 | Department of Defense Announces Defense Contract Provisions Prohibiting Contractors’ Use of Arbitration Agreements for Certain Employee Disputes
Client Alert - November 5, 2009 | Expanding DCHRA Beyond DC Employment
Client Alert - September 8, 2009 | E-Verify Employment Eligibility Verification System Mandatory for Federal Government Contractors for Contracts Issued On or After Today
Client Alert - August 10, 2009 | Labor Department Proposes Rules Requiring Government Contractors to Post Notice of Unionization Rights
Client Alert - July 31, 2009 | Not Your Average Whistleblower Statute
Client Alert - July 16, 2009 | Webcast Briefing: Key Employee Departures to Competitors
Client Alert - June 22, 2009 | Supreme Court Rejects Mixed-Motive Framework for Age Discrimination Claims
Client Alert - May 1, 2009 | A Measured Approach: Employment and Labor Law During the George W. Bush Years
Client Alert - April 30, 2009 | OSHA Authority and Penalties Expected to Increase Greatly Under Proposed Legislation
Client Alert - April 21, 2009 | Evolving Employment Authorization Enforcement
Client Alert - April 1, 2009 | Supreme Court Upholds Arbitration Requirement in Collective Bargaining Agreement
Client Alert - February 2, 2009 | Three Executive Orders Signed Friday Increase Employment Requirements on Federal Contractors
Client Alert - November 18, 2008 | E-Verify Employment Eligibility Verification System Mandatory for Federal Government Contractors as of January 15, 2009
Client Alert - November 18, 2008 | “Whistleblower” Who Fails to Cooperate in Internal Investigation May Be Terminated, Labor Department Rules
Client Alert - September 25, 2008 | Federal Government Enacts Significant Amendments to the Americans with Disabilities Act
Client Alert - June 30, 2008 | Washington, D.C. Passes Paid Sick Leave Law
Client Alert - June 19, 2008 | Supreme Court Issues Two Important Age Discrimination Decisions
Client Alert - June 11, 2008 | President Bush Acts to Make E-Verify Employment Eligibility Verification System Mandatory for Federal Government Contractors
Client Alert - November 18, 2005 | EEOC Approves Revisions to EEO-1 Employer Reporting Form
Client Alert - November 9, 2005 | Supreme Court Clarifies Scope of Compensable Workday Under the Fair Labor Standards Act
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