Biography
Jason is a member of the firm’s Litigation and Cybersecurity practice groups. He focuses on helping businesses solve their problems, with an eye toward heading off litigation before it develops. In particular, he offers his services to video game developers across the country to assist with the challenges facing that industry.
Jason's broad experience has given him insight into the wide array of issues facing businesses, with particular attention to contract disputes and interpretation. He frequently represents plaintiffs and defendants in securities-related litigation before the Financial Industry Regulatory Authority (FINRA) or in the courts. He also helps clients resolve disputes involving data security breaches, defamation, contract interpretation, water rights, infrastructure and utilities, the False Claims Act, real estate, land use/zoning, discrimination, ADA/disability issues, bankruptcy, and a variety of other business issues.
Some of Jason’s representative matters include:
- Representing local and national companies in litigation over how to do business in the era of COVID-19.
- Repeatedly defending one of Arizona’s largest securities brokerages in FINRA arbitrations.
- Investigating anonymous emails and website postings defaming businesses and clients to identify the defamers and take down the offending content.
- Serving as general counsel for an Arizona Community Facilities District.
- Representing an Irrigation District in federal court litigation against a public utility involving the interpretation of a 100-year-old contract and the water rights to supply a large swath of the West Valley.
- Leading junior associates through nationwide compliance research projects, including the 50 states’ environmental and manufacturing requirements on behalf of a multi-billion dollar international company planning a U.S. launch of an innovative product.
- Assisting a multistate electrical transmission project in ongoing compliance with state and federal environmental laws.
- Negotiating a full-discharge settlement of a client’s student loans from the United States via an adversary bankruptcy proceeding. Jason was named to the Arizona Pro Bono Honor Roll in 2014 by the Arizona Bankruptcy Court for his work on this case.
- Defending a group of healthcare workers in three related defamation actions involving the Federal Tort Claims Act, tribal law jurisdiction, and arguments of first impression regarding acts within the scope of employment.
- Defending a national grocery store chain in a series of five lawsuits that sought to stop construction and operation of a new store in Surprise, Arizona. The store is now open for business.
- Obtaining an injunction against the United States to save a business from being shut down by an arbitrary agency determination.
- Obtaining a long-term restraining order against a university on behalf of a graduate student facing expulsion that would have violated the ADA and Rehabilitation Act.
Jason sits on the firm’s Technology and Diversity Committees. He also plays a lead role in the firm’s involvement with the Diversity Legal Writing Program, a legal scholarship program that creates opportunities for diverse and minority students enrolled at Arizona law schools to gain practical writing and research experience while working alongside practicing lawyers at top law firms in the state.
As an undergrad, Jason studied music at Northwestern University. After graduating, he became a stage actor in Chicago and appeared in many musical theatre productions in the area. He spent nine months traveling the country in a tour bus and has performed on stages from New York to Hawaii.
In addition to his music/acting career, Jason spent eight years as a legal assistant. Before attending Northwestern Law, Jason assisted attorneys with a wide variety of cases involving civil litigation, real estate, estate planning, state and federal regulatory matters, and loan transactions.
At Northwestern Law, Jason was a member of the Accelerated J.D. program, completing three years of coursework in only two years. He graduated cum laude and was named an inaugural Kirkland & Ellis Scholar for his academic achievements.
Publications
Jason is a frequent author of articles on legal topics related to the videogame industry, intellectual property, advertising law, environmental issues, and litigation matters. In 2020, he served as a peer reviewer for the forthcoming Association of Legal Writing Directors’ 7th edition of the “ALWD Guide to Legal Citation,” generally touted as an excellent legal citation guide written in clear language.
Some of Jason’s recent articles include:
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"Small Businesses Are About To Get An Exclusive Window In Which To File PPP Applications," Ryley Carlock & Applewhite Legal Alert, February 2021
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"Healthy Habits for You and Your Company: File Your Annual Reports, Replace Your Air Filters, and Renew Your DMCA Agent Registration," Ryley Carlock & Applewhite, February 2020
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"Are Your Influencers Doing Enough to #Disclose Their #Endorsements? Here's What You Should Know About the FTC's New Disclosure Guide for Social Media Influencers," Ryley Carlock & Applewhite, November 2019
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"LEGAL ALERT: The Arizona Supreme Court Declares That LLC Members and Managers Have a Common Law Fiduciary Duty to Their LLC," Ryley Carlock & Applewhite, June 2019
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"State Court, Federal Court, and the Court of Public Opinion—the New Developments That Are Causing Some Companies to Reconsider Mandatory Arbitration Provisions," Ryley Carlock & Applewhite, May 23, 2019
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"A New Player Joins the Battle – The AFL-CIO Throws Its Support Behind Game Development Employees And Urges Them To Form A Union," Ryley Carlock & Applewhite Article, February 2019
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"Nearly Half of the Videogame Industry Wants to Form A Union—Can Game Development Companies Avoid This Boss Fight?," Ryley Carlock & Applewhite , February 2019
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"Learn from the Orcs: Lessons that Cryptocurrency Should Take from the Recent European Rulings that Video Game Lootboxes Can Constitute Illegal Gambling," Ryley Carlock & Applewhite Article, April 27, 2018
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"Summary and Analysis of the United States Fish and Wildlife Service's "Guidance on the recent M-Opinion affecting the Migratory Bird Treaty Act" Memorandum," Ryley Carlock & Applewhite Article, April 2018
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"Breaking A Sticker Doesn't Break Your Warranty: How The FTC Is Taking Aim At Manufacturers of Game Consoles, Electronics and Automobiles," Ryley Carlock & Applewhite Article, April 2018
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"Put It To Final – The Official Trump Administration Changes To Environmental Permitting," Ryley Carlock & Applewhite Article, February 2018
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"Scalpel or Machete? A Look at How the White House Wants to Cut Back the Environmental Permitting Process," Ryley Carlock & Applewhite Article, February 2018
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"Bye, Bye Birdie: Summary and Analysis of the Trump Administration's Recent Policy Change of the Migratory Bird Treaty Act," Ryley Carlock & Applewhite Article, January 2018
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"A Picture of a Chipmunk is Worth a Thousand Words—and about $2,000. Did You Know Your Choice of Emoji Can Have Legal Consequences?," Ryley Carlock & Applewhite Article, June 2017
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"A New Decision Under the False Claims Act Could be of Great Help to the Healthcare Industry," Ryley Carlock & Applewhite , April 2016
Speaking Engagements
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"The Federal False Claims Act, Or: Why It's a Really Bad Idea to Defraud the Federal Government," Law Firm CLE Program, June 2015
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"The Fair Debt Collection Practices Act: Correctly Collect Debt Without Defect, Neglect or Disrespect," Law Firm CLE Program, February 2015
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"Pro Bono for Practice Development," Law Firm CLE Program, Panelist, February 2014