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Jack Simms

Partner

As a partner in the Washington, D.C. office of Boies, Schiller & Flexner LLP and as a Corporate Counsel at DuPont, Jack has litigated, arbitrated and mediated complex disputes involving a range of industries and technologies, including biotechnology (seeds), solar industry technology, manufacturing and distribution, chemicals, and financial services. He has also conducted internal corporate investigations and counseled businesses on issues such as compliance, risk analyses of technology agreements, domestic and international supplier and customer disputes, as well as global marketing and communications.

Prior to joining Wittliff | Cutter | Austin, Jack was a Corporate Counsel at DuPont where he represented various DuPont businesses, including DuPont Pioneer and Electronics & Communications, in litigation with competitors regarding core products and key technologies. Before joining DuPont, Jack was a partner in the Washington, D.C. office of Boies, Schiller where his practice focused on representing clients in complex commercial and antitrust litigation matters. Jack began his career as an associate in the Chicago office of Baker & McKenzie, where he specialized in complex commercial and bankruptcy-related litigation.

Practice Area

Representative Experience

  • Represent software company asserting breach of contract claims against former licensee.
  • Defend software company against claims for specific performance and injunctive relief.
  • Represent technology company asserting claims against former employee for breach of contract, theft of trade secrets, and related claims.
  • Represent telecommunications company asserting claims for breach of license agreement.

Representative Prior Law Firm Experience

  • Lead trial counsel for DuPont and Pioneer in AAA arbitration defending multi-hundred million dollar claims by Monsanto for breach of technology licensing agreement and tortious interference. After two-week hearing, obtained defense award denying all claims for damages and injunctive relief.
  • Represented DuPont in breach of contract action against supplier of nylon intermediates.
  • Represented DuPont and Pioneer affiliates in litigation defending breach of technology license claims and prosecution of antitrust claims.
  • Represented American Express in antitrust litigation against Visa, MasterCard and several banks, in which American Express obtained a record-breaking settlement in excess of $4 billion.
  • Defended major U.S. corporation against claims it violated the Robinson-Patman Act and Section 2 of the Sherman Act where damages sought were in excess of $250 million. Obtained summary judgment; affirmed on appeal.
  • Defended major U.S. corporation against claims it violated Section 2 of the Sherman Act. Obtained judgment on the pleadings; appeal dismissed.

Representative Experience as Internal Counsel:

  • Lead negotiator of litigation settlement agreement resolving years of multiple litigation matters with chief industry competitor in biotechnology (seeds).
  • Co-lead global team providing legal oversight of disputes and other strategic issues concerning competitors, suppliers and customers.
  • Co-lead global team in mediation to resolve litigation with competitor regarding technology used in solar cells and devices.

Professional Qualifications

Bar admissions:  Supreme Court of Illinois, 2000 (inactive); United States District Court, Northern District of Illinois, 2001; District of Columbia, 2006; Delaware (Rule 55.1 in-house counsel admission), 2012-2015; Texas, 2016; United States District Court, Western District of Texas, 2016.

Education

  • Northwestern University School of Law (J.D., 2000)
  • Haverford College (B.A., Political Science, 1995)

Affiliations

  • Austin Bar Association
  • Barrister, Lloyd Lochridge Inn of Court

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