Jason B. Elster

Jason B. Elster

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Jason’s practice involves commercial litigation matters in state and federal courts, arbitrations, and other alternative dispute resolution proceedings, including business torts, employment and restrictive covenant litigation, disputes involving closely-held companies and partnerships, privacy disputes, contentious information technology and domain name litigation, and class action defense. Jason also assists clients with internal investigations and in their dealings with local and federal government representatives.

In addition to his courtroom and appellate advocacy, Jason regularly helps clients anticipate and prevent problems from turning into major disputes. Jason is dedicated to understanding his clients’ businesses so that he can provide practical, cost-efficient strategies for identifying and achieving their goals.

Jason also volunteers his time representing pro se litigants in judicial settlement conferences through the Northern District of Illinois’ Settlement Assistance Program.

Concentrations

  • Employment disputes, including restrictive covenant, trade secret, and ERISA litigation
  • Breach of contract and fraud disputes in a variety of industries
  • Disputes involving closely-held companies and partnerships
  • Representation of clients in matters involving business torts, unfair competition claims, privacy and publication rights, consumer class action defense, as well as Lanham Act and Deceptive Trade Practices Act claims
  • Prosecuting and defending claims under the Anticybersquatting Consumer Protection Act, CAN-SPAM, and Computer Fraud and Abuse Act
  • Representation of clients in both internal and governmental investigations
  • Dispute avoidance and counseling
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Competenze

Esperienze Professionali

  • Successfully resolved as first-chair attorney over 20 cases in state and federal court for one of the nation’s largest providers of automotive financing products and services. Cases involved a variety of claims, including fraud, breach of contract, conversion, and equitable claims, many of which threatened the client’s core business model and hundreds of millions of transactions. Successfully defended judgments on appeal.
  • Obtained summary judgment as first-chair attorney on behalf of publicly-traded telecommunication company in lawsuit alleging defamation and malicious prosecution. Successfully defended judgment on appeal.
  • Represented victims of a fraudulent investment scheme involving an Argentine airline. After a three-week jury trial, obtained jury verdict and judgment of approximately $4.6 million. Enforced judgment across multiple jurisdictions. Baron et al. v. Chrans, No. 3:05-cv-3240 (C.D. Ill. 2008).
  • Obtained judgments on behalf of credit reporting agency and five major financial institutions in a number of cases alleging defamation, malicious prosecution and other privacy torts.
  • Supervised litigation team and expert witnesses as trial counsel in lawsuit alleging breach of fiduciary duty, fraud, and RICO violations in connection with property management activities at two privatized military housing projects in California.
  • Prosecuted as lead litigation counsel over 20 cases of trademark infringement based on violations of the Anticybersquatting Consumer Protection Act.
  • Represented world's second largest domain name registrar in an action alleging violations of plaintiff's intellectual property and privacy rights arising from registrar's handling of domain names. Obtained summary judgment in favor of registrar on all nine of plaintiff's claims. Philbrick v. eNom, Inc., 593 F. Supp. 2d 352 (D.N.H. 2009).
  • Represented manufacturer and online retailer of mail-order consumer goods in a putative, nationwide class action involving allegations of fraud and deceptive marketing practices. Defeated motion for class certification at the outset of discovery with creative, early use of expert witness testimony and understanding of client’s Terms of Use and Privacy Agreements. Successfully defended judgment on appeal.
  • Represented online marketplace in nationwide class action regarding Super Bowl XLIII tickets. Negotiated class settlement to resolve claims regarding Terms of Use agreements, allegedly false statements, indemnity, contribution, and breach of contract.
  • Represented consumer goods company in nationwide class action regarding its use and disclosure of customer purchasing and credit information. Prevailed on summary judgment by establishing a lack of damages to any class member.
  • Obtained early resolution of a highly-contentious and politicized lawsuit brought by tenured professor at private university by crafting and executing defense strategy based on the ecclesiastical abstention doctrine.
  • Obtained preliminary and permanent injunctions for technology client against former employee and new employer for breach of restrictive covenant and misappropriation of trade secrets.
  • Negotiated settlement on behalf of publicly-traded waste disposal company in lawsuit alleging violations of ERISA and the United States Copyright Act. Advised business executives on operational matters while litigation was pending.
  • Obtained settlement on behalf of publicly-traded identity theft-prevention company after dismissal of the majority of claims in lawsuit alleging violations of ERISA, FLSA, retaliation, fraud, and breach of contract and related equitable claims.
  • Obtained complete admission of wrongdoing and windfall payment to international health care client in internal investigation involving the stalking and harassment of high-level employee through the use of email-spoofing website.
  • Conducted a number of internal investigations into Medicare fraud and employee misconduct on behalf of international health care company.
  • Protected high-level executives and their family members in a number of internal investigations involving stalking, invasion of privacy, and other harassing conduct.

Riconoscimenti e Premi

  • Listed, Super Lawyers magazine, Illinois Super Lawyers, "Rising Star," 2014-2019
  • Listed, Emerging Lawyer, Leading Lawyers Network, 2016-2019
  • Editor, ABA Section of Litigation: Expert Witness Committee, 2012-present
  • Member, American Bar Association, 2006-present
  • Member, Chicago Bar Association, 2006-present
  • Member, Illinois Bar Association, 2006-present

Formazione

Formazione
  • Laurea magistrale in Giurisprudenza, Georgetown University Law Center, 2006
    • Georgetown Journal of Law and Public Policy
    • Champion, Georgetown University Law Center Representation in Mediation Competition
    • Regional Champion, ABA Representation in Mediation Competition
  • Diploma di maturità, Washington University in St. Louis, 2002
Abilitazioni
  • Illinois
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. District Court for the Northern District of Illinois
  • U.S. District Court for the Central District of Illinois
Lingue