Jason Zarrow’s practice is devoted to creating and executing legal strategy for bet-the-company litigation. From the beginning of the case—and often before litigation is ever filed—Jason serves as a trusted advisor for clients to develop comprehensive strategies to eliminate or substantially limit liability. In the pre-suit phase, Jason advises clients on compliance options and litigation risks, with an eye toward building legal and factual arguments if litigation ensues. Once litigation begins, Jason coordinates legal and appellate strategy, starting with dispositive motions before the trial court. As the case progresses, Jason oversees the development of key points in the factual record, working with trial teams to ensure that his client’s legal arguments have the best factual framing at summary judgment, class certification, trial, and on appeal. And should the case proceed to trial, Jason has extensive experience as on-the-ground appellate counsel, presenting forceful arguments for judgment, crafting jury instructions, and ensuring all appellate points are preserved.
Jason’s expertise spans multiple industries, including transportation, pharmaceutical, consumer products, healthcare, insurance, and financial services. He is particularly well versed in the law of federal preemption. Jason also has a mastery of complex procedure, including substantial experience litigating class actions and crafting legal strategies designed to defeat or limit class certification. Jason’s experience thus includes: serving as the architect for legal strategy in litigation brought by states attorneys general over the marketing of prescription-only drugs and devices; serving as on-the-ground appellate counsel for multiple trials; and authoring numerous dispositive motions on issues ranging from impossibility preemption, to employment and labor law, to federal abstention.
Although much of Jason’s practice is dedicated to bringing an appellate lawyer’s eye to trial work, he is also an experienced appellate advocate—both defending favorable trial judgments and overturning unfavorable ones. He has authored numerous merits, amicus, and cert-stage briefs in the US Supreme Court and even more in state and federal courts of appeal. He handles not only post-judgment appeals, but interlocutory appeals as well. Indeed, as part of a comprehensive legal strategy, Jason often advises clients on options and strategies for interlocutory review—including of class certification decisions under Rule 23(f)—because interlocutory review is often the only way to secure appellate consideration of critical legal issues in practice. Jason has been recognized for his appellate work by Legal 500.
Given his deep understanding of his clients’ industry sectors, Jason’s strategic vision extends beyond any single case. In developing a legal strategy, Jason always keeps the bigger picture in view, as he considers how cases can be postured to favorably develop the law and where future litigation risks lie. Likewise, Jason is always attuned to settlement strategy and maximizing settlement leverage because oftentimes, the best litigation is none at all.