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Jason D. Evans
Partner 
201 North Tryon Street
jevans@mcguirewoods.comCharlotte, North Carolina 28202-2146 F: 704.444.8774    |
Mr. Evans represents corporate clients in complex and class action disputes, often with large potential exposures. His practice focuses on financial services matters, antitrust litigation and compliance, investor and shareholder disputes, and software implementation and technology matters. He has tried cases to jury verdict and binding arbitration decisions, in addition to handling appeals in the federal and North Carolina appellate courts.
He represents financial services clients -- including banks, venture capital and private equity firms, trustees, and other financial institutions -- in disputes involving complex financial products and instruments, consumer class actions, securities litigation, disputes arising from venture capital and private equity investments, matters arising from mergers and acquisitions, internal investigations, software and technology disputes, supply chain matters, and insurance coverage disputes.
In addition to his frequent and ongoing representation of financial services companies, he has experience in the information technology, telecommunications, transportation, health care, manufacturing, chemical, retail, entertainment, and insurance industries. In addition to his litigation practice, he advises clients on antitrust compliance, intellectual property, electronic discovery, and document retention issues. He has written and spoken on these and other topics.
- Financial Services
- Advising a bank trustee on litigation strategy and indenture interpretation with respect to CDO and other asset-backed securitization transactions.
- Representing a financial institution in dispute concerning transition services arising from client's acquisition of a large national bank.
- Eaves-Leanos v. Bank of America, N.A.: Represented bank in consumer class action lawsuit involving credit insurance for credit card holders.
- Banc of America Securities v. Shoney's: Represented investment bank in a lawsuit involving a fee dispute arising from a completed acquisition.
- VCS v. Spear Group: Represented a venture capital firm in dispute arising from a portfolio company's spin-off and acquisition transactions.
- Allegiance EA Fund v. Educational Adventures: Represented defendant in lawsuit by venture capital investor seeking to take control of company.
- Extensive experience representing policyholders and insurers in insurance coverage actions involving numerous types of first-party and third-party insurance policies.
- Antitrust Litigation & Compliance
- Valuepest.com v. BASF: Obtained favorable summary judgment decision on a Sherman Act Section 1 resale price maintenance claim arising from agency distribution of a termiticide product.
- Nicholson v. F. Hoffmann-LaRoche: Represented vitamin manufacturer in an indirect purchaser class action, opt-out litigation, and related appeals arising from horizontal price-fixing claims.
- Representing an ocean shipping carrier in connection with an antitrust investigation by the U.S. Department of Justice and related civil litigation.
- Advised publicly traded company in dispute with joint venture partner raising issues under the interlocking director section of the Clayton Act.
- Frequently advise clients on antitrust compliance issues related to product distribution and marketing programs, pricing decisions, joint ventures, mergers and acquisitions, and group purchasing arrangements.
- Provide antitrust compliance training to sales and management teams.
- Class Action Litigation
- Frequently represent clients in financial services and antitrust class action litigation (see above).
- BHB Enterprises v. Waste Management: Representing waste management provider in class action involving claims arising from rate increases.
- Perry v. Nationwide Mutual Insurance Co.: Representing national insurer in consumer class action related to the sale of motor club policies.
- Blackwell v. Medical Savings Insurance Co.: Represented a medical insurer in consumer class action related to the calculation of benefits.
- Software Implementation & Technology
- eFuel, Inc. v. SGS: Represented developer in a software implementation dispute tried before an arbitration panel for more than 20 hearing days.
- Sunrise Technologies v. Fortune Fashions Industries: Represented provider of Microsoft ERP systems in an implementation dispute.
- Represented large financial institution in software implementation dispute involving an Internet-based application for selling consumer loans.
- Winter v. AT&T: Obtained dismissal of Internet defamation case brought against Internet service provider.
- Managed review and production of millions of documents in a patent infringement suit involving check imaging systems.
- Appellate
- Linda Call v. AT&T: Prepared amicus brief to U.S. Supreme Court on behalf of the American Benefits Council in ERISA litigation.
- Satorre v. New Hanover County: Obtained favorable decision by the North Carolina Court of Appeals on sovereign immunity grounds.
- Lee v. Scarborough: Represented plaintiff on appeal of favorable jury verdict in shareholder and corporate valuation dispute.
- Valuepest.com v. BASF: Representing defendant-appellee on appeal to the 4th Circuit of favorable summary judgment decision.
- Other Complex Litigation
- Robbins Co. v. Fenner Dunlop: Represented conveyor belt manufacturer in a product liability and warranty lawsuit involving a significant civil construction project in Australia and alleged project delays.
- Charlotte Mecklenburg Board of Education v. Farrar: Obtained favorable jury verdict on real estate valuation in trial of condemnation action.
- Wausau v. Murphy Farms: Obtained dismissal of insurer's declaratory judgment action on behalf of policyholder client.
- Whitfield v. Mobay Sportswear: Represented closely held manufacturing company and majority shareholders in lawsuit by minority shareholder.
- Commercial Litigation
- Financial Services Litigation
- Antitrust & Trade Regulation
- Class Action
- Franchise & Distribution
- Appeals & Issues
- Discovery Counsel Services
- Consumer Financial Services Litigation
- Named One of North Carolina's "Legal Elite," Business North Carolina, 2010, 2011
- Named a North Carolina Super Lawyers "Rising Star," 2010-2012
- Associate, Helms Mulliss & Wicker, PLLC, Charlotte, North Carolina
- "Supreme Court Limits Investor Suits against Vendors in Federal Securities Fraud Cases," Legal Alert, January 17, 2008
- "Ruling Rewrites Century of Pricing Law," Charlotte Business Journal, August 31, 2007
- "The Antitrust Modernization Commission Report and Recommendations Antitrust News," Official Publication of the Antitrust and Trade Regulation Section of the NC Bar Association, July 1, 2007
- North Carolina Bar Association
- Professionalism Committee
- Antitrust Section Council
- Litigation Section, Electronic Discovery & Electronic Filing Subcommittee
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EDUCATION Oxford University, United Kingdom, B.C.L., 2004
University of North Carolina at Chapel Hill School of Law, Chapel Hill, North Carolina, J.D., with High Honors, 2001
University of North Carolina at Chapel Hill, Chapel Hill, North Carolina, B.A., with Highest Honors and Highest Distinction, 1998
ADMITTED U.S. Supreme Court U.S. Court of Appeals for the 4th Circuit U.S. District Courts for the Western, Middle and Eastern Districts of North Carolina North Carolina PLACE OF BIRTH Sparta, North Carolina |