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Jason A. Levine

Jason A. Levine Partner, Commercial & Business Litigation

A versatile first-chair trial and courtroom lawyer for over 20 years, Jason has spent his career litigating high-stakes and often multidistrict business disputes. He excels in complicated cases for large corporate clients that are thorny enough to present strong potential to go to trial. Jason’s tenacity and trial-readiness have also yielded his clients many “eve of trial” settlements that exceeded their expectations. He has tried 14 trials across the country, briefed and argued precedent-setting appeals, and led the defense against nationwide class actions.

Jason is particularly experienced with commercial and government breach of contract claims, disputes between prime and subcontractors, business torts including fraud, and antitrust MDL class-action defense. He regularly litigates against or in contexts involving the U.S. government. Known for his responsiveness and efficiency, Jason also often advises and represents clients in exigent matters involving injunctive relief. 

Demonstrating the nature of Jason’s practice, one of his most memorable and recent trial victories involved a $3 billion contract to build naval warships for a foreign government. Jason represented the subcontractor, a large U.S. shipbuilder, in a dispute with the prime contractor, a much larger multi-national defense firm. The prime contractor had violated a teaming agreement with Jason’s client, trying to shut it out of the warship deal by rejecting its bid on pretextual grounds while secretly negotiating with a different shipbuilder. Jason mounted an aggressive strategy of seeking injunctive relief in federal district court while simultaneously instituting expedited arbitration, as required by the parties’ teaming agreement. At the same time, Jason also pursued discovery aimed at uncovering information about the secret deal with the other shipbuilder. This multi-front strategy paid off. In the end, after two full-blown arbitration trials and successful motions practice in district court, the other shipbuilder withdrew, the prime contractor was forced to abandon its plan to drop Jason’s client, and instead awarded it the subcontract. Jason achieved this total victory in less than a year. 

Jason also writes regularly on litigation risks in the high-tech industry and founded the firm’s "High-Tech Law and Litigation" series. He holds advisory and leadership positions with the U.S. Chamber Litigation Center and the Federalist Society for Law and Public Policy Studies as well.

Experience Highlights

  • (S.D.N.Y.) – Lead counsel to a generic pharmaceutical company in a purported antitrust class action alleging a conspiracy to monopolize and allocate the market for a drug based on a so-called “reverse payment,” or “pay-for-delay” arrangement, arising from a settlement of patent litigation between the generic company and the manufacturer of the brand drug
  • (AAA/ICDR) — As lead counsel, tried international arbitration of breach of contract claim involving $3 billion construction contract for warships; on behalf of shipbuilder client, prevented prime contractor from awarding shipbuilding subcontract to client’s competitor, and enabled client to obtain subcontract
  • (Ct.  Fed. Cl.) — Lead counsel to health insurer in APA and contract litigation against U.S. Department of Health & Human Services over its failure to make “risk corridor” reimbursement payments mandated by the Affordable Care Act
  • (Ct. Fed. Cl.) — Lead counsel to over 225 dialysis clinics in litigation against the U.S. Department of Veterans Affairs for years of underpayment for dialysis services provided to veterans pursuant to federal regulations and contracts; secured a close-to-trial settlement of $538 million (net)
  • (N.D. Cal.) — Co-lead counsel to a major Japanese electronics company and its U.S. subsidiary in two nationwide antitrust class actions and four opt-out lawsuits involving allegations of price-fixing in the lithium ion battery industry
  • (N.D. Cal.) — Co-lead counsel to a major Japanese electronics company in two nationwide antitrust class actions, an opt-out lawsuit, and a state agency enforcement action involving allegations of price-fixing in the optical disk drive industry
  • (Ct. Fed. Cl.) — Lead counsel to a large private debt collection firm in defending its award of a massive student loan contract by the U.S. Department of Education against TRO/PI challenges from disappointed competitors; won a motion to dismiss the challenges as first-chair for five contract awardees at oral argument in the U.S. Court of Federal Claims; led Federal Circuit briefing on appeal; led winning effort to prevent the Department of Education from revoking the same contract

Other Recent Trials

  • (SMA) – Tried arbitration of $55 million contract claim by shipbuilder client against multi-national defense contractor 
  • (AAA/ICDR) — Tried international arbitration of $12 million breach of contract claim filed against shipbuilder client by a multi-national defense contractor
  • (E.D. Pa.) — Tried to a jury a $70 million breach of contract case filed against his client, an international trading and investment company; after a two-week trial, won a full defense verdict against the claim and won a counterclaim filed by his client under the same contract
  • (U.S. C.B.C.A.) — Tried $50 million breach of contract claims, in two separate trials, against the U.S. Department of State on behalf of a Panamanian real estate company and argued a related appeal before the U.S. Court of Appeals for the Federal Circuit
  • (E.D. Mich.) — Tried case-dispositive defenses to liability in a billion-dollar class action involving union retiree health care benefits on behalf of a global manufacturer of heavy equipment, and briefed several resulting 6th Circuit appeals
  • (D.N.J.) — Tried a challenge to the validity of a nationwide political consent decree on behalf of a national political committee and won major modifications to the decree
  • (W. Va. Cir. Ct.) — Tried to a jury a $12 million defamation case filed by a former West Virginia gubernatorial candidate against his political committee clients and won a full defense verdict; later defeated a petition for appeal and a petition for certiorari to U.S. Supreme Court

Other Representative Recent Business Litigation

  • (D.D.C.) — Lead counsel to a major military-support government contractor in a nationwide class action lawsuit filed by firefighters on military bases in Iraq involving work conditions and compensation, and involving False Claims Act allegations; won a stay of litigation pending arbitration against co-defendant, and persuaded plaintiffs to dismiss their claims against his client for zero payment when the arbitration concluded
  • (E.D. Pa.) — Lead counsel to an international trading and investment company in three consolidated contract and fraud lawsuits with claims and counter-claims exceeding $100 million, winning outright dismissal of one lawsuit, winning a summary judgment as plaintiff in the second lawsuit for $14 million (net), and winning a defensive summary judgment in the third lawsuit on all but one claim asserted
  • (E.D. Va.) — Lead counsel to satellite launch company in multi-million-dollar contract and fraud lawsuit against former executive; recovered full damages plus fees in settlement
  • (N.D. TX.) — Lead counsel to a real estate investment and finance company in a “bet-the-company” lawsuit involving a $200 million change-of-control transaction and over $100 million in potential liability; prevented proxy contest; settled dispute on business terms after mediation
  • (S.D. Ohio) — Lead counsel to a nationwide manufacturing and construction company as plaintiff in contract litigation over defective components, securing an eve-of-trial settlement of nearly 100 percent of the client’s damage demand
  • (D.D.C.) — Represented the liquidators of an Antigua bank in a $250 million civil forfeiture case against the U.S. Department of Justice; defeated the government’s motion to dismiss the client’s claim and achieved a successful monetary settlement
  • Represented global pharmaceutical companies in federal and state-law False Claim Act lawsuits involving prescription drug pricing and payments by government insurance programs 
  • Regularly prepare and file amicus briefs on behalf of the nation’s largest business association, largest petroleum-related trade associations, and other industry organizations, in Supreme Court, D.C. Circuit, and Ninth Circuit cases involving high-profile regulatory and constitutional challenges

Pro Bono

  • (N.Y. Court of Appeals) — As lead counsel, represented a nationwide Orthodox Jewish organization as amicus curiae seeking to protect certain religious practice against legal challenge from animal rights activists
  • (9th Cir.) — As lead counsel, prepared and filed an amicus brief on behalf of three dozen national and state pharmacy trade associations in a ground-breaking 9th Circuit appeal involving the constitutionality of Washington State’s contraceptive regulations
  • (D.C. Cir.) — As lead counsel, briefed and argued an appeal in the U.S. Court of Appeals for the District of Columbia Circuit as lead counsel on behalf of a class of black farmers in the landmark Pigford litigation, persuading the court to permit class members to assert claims for discriminatory lending practices against the U.S. government
  • (D.D.C. & D.C. Cir.) — As specially-appointed counsel, represented District of Columbia government in defending constitutionality of juvenile curfew law
  • (D.C. Alch. Bev. Contrl. Bd.) — As lead counsel, defeated liquor license renewal of notorious crime-ridden nightclub on behalf of neighborhood association after one-week administrative trial; also defeated attempted appeal of decision; achieved closure of nightclub as a result

Contact Details


T +1.202.639.6755
F +1.202.879.8950
2200 Pennsylvania Avenue NW
Suite 500 West
Washington, DC 20037
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Jason's Practices

  • Harvard Law School, J.D. cum laude, 1994 (Editor-in-Chief, Harvard Journal of Law & Public Policy)
  • Brandeis University, B.A. summa cum laude, 1991 (Phi Beta Kappa)
  • Admitted to practice: New York; District of Columbia; Supreme Court of the United States; U.S. Courts of Appeals for the District of Columbia, Third, Fifth, Sixth, Seventh, Ninth and Federal Circuits; U.S. District Courts for the District of Columbia, Eastern District of Michigan, and Eastern District of Wisconsin; U.S. Court of Federal Claims
    • Judicial law clerk to The Honorable Judge Randall R. Rader on the U.S. Court of Appeals for the Federal Circuit, 1994–1995 
      • Legal 500 U.S., Antitrust, 2018
      • Selected to the Washington, D.C. Super Lawyers list, Super Lawyers® (Thomson Reuters), 2012−2019
      • Euromoney’s Benchmark Litigation, "Future Star" in District of Columbia, 2012−2018
      • Global Competition Review. "Recommended" in Antitrust (District of Columbia), 2015 and 2016
      • Lawdragon magazine, named one of the top 500 lawyers in the U.S. who are “carrying the legal profession to new frontiers," 2006; four times named as one of the top 3,000 lawyers in the U.S., overall, 2008−2011
      • United Who’s Who and Who’s Who in Executives & Professionals (Law Business Research Ltd.), 2005−present 
      • The Best Lawyers in America©(Woodward/White, Inc.), Commercial Litigation, 2020 
      • Member: Liability Reform Litigation Advisory Committee – U.S. Chamber Litigation Center
      • Member: Executive Committee, Litigation Practice Group – Federalist Society for Law and Public Policy Studies 
      • Member: Editorial Advisory Board, Competition Law360 (2016-17)
      • Former Adjunct Professor: Georgetown University Law Center (Constitutional Law)
      • Member: Republican National Lawyers Association, Federalist Society, Harvard Club of Washington, D.C.