Jeffrey S. Jacobovitz

Partner

Jeffrey S. Jacobovitz heads our firm's Washington litigation practices and concentrates his practice in antitrust, white collar criminal defense and civil litigation. This includes more than 35 criminal and civil jury trials as first chair.

His antitrust clients include corporations, trade associations, health care organizations, and individuals. His extensive criminal defense experience ranges from white-collar prosecutions involving:

• Antitrust
• Money laundering
• Fraud
• Perjury
• Forfeiture
• Tax evasion charges
• Major Racketeer Influenced and Corrupt Organizations (RICO)
• Conspiracy indictments

He has successfully represented clients who have been the subjects of independent counsel investigations, including White House officials and aides. He has represented a proposed intervenor in the initial U.S. v Microsoft antitrust litigation and argued both in the U.S. District Court and the District of Columbia Circuit. Among his recent cases, included lead representation of one of the few senior tax partners at a major accounting firm to avoid indictment for tax evasion and related crimes.

Mr. Jacobovitz has significant civil litigation experience, including:

• Antitrust
• Consumer protection
• Securities
• Fraud
• Health care
• Employment Discrimination
• Commercial contract disputes
• Predatory lending
• Class action matters

In 2006, Mr. Jacobovitz's representation of Compass Marketing in a pharmaceutical antitrust case helped create new law. The Maryland Court of Appeals, on a certified issue from federal court, unanimously adopted Schiff Hardin's position and broadened state jurisdiction in Maryland over both criminal and civil defendants in conspiracy cases — James J. Mackey, et al v. Compass Marketing, Inc., Maryland App. Ct., Misc. No. 4 (February 2, 2006), 04cv1663-AMD (D. Maryland). There is a split among states on this question, and this holding reinforces the view in those states that recognize conspiracy jurisdiction.

Experience

• U.S. v. Microsoft, 56 F.3d 1448 (D.C. Cir. 1995)
• U.S. v. Smith, (44 F.3d 1259); U.S. v. Microsoft, 159 F.R.D. 318 (D.D.C. 1995)
• Wells Fargo Bank Minnesota, N.A. v. Nassau Broadcasting Partners, 2003 WL 22339299, 52 UCC Rep.Serv.2d 249 (S.D.N.Y. 2003)
• Rhythm & Hues v. Terminal Marketing Co., 2004 WL 941908 (S.D.N.Y. 2004)
• Wells Fargo Bank Minnesota, N.A. v. Brooks/American Mortgage Corp'n, 2004 WL 272358 (S.D.N.Y. 2004)

Publications

Chapter on antitrust damages, (Co-author) Antitrust Counseling and Litigation Techniques (2006)

"Antitrust Sentencing Post-Booker: What We Know So Far," The Antitrust Source (July 2006)

Antitrust Law Developments V; Criminal Antitrust Section (2002)

"A Plea to Revise the ABA's Model Jury Instruction in Bid Rigging Cases," ABA Section of Antitrust Law Magazine (March 1998)

"How to Bring Down Your Culpability Score, U.S. Organizational Sentencing Guidelines," Legal Times (December 14, 1992)

Speeches and Presentations

He is a frequent broadcast media commentator on legal issues and significant cases.

Among his many presentations was a speech to the AntiTrust Authority in Israel on oft-litigated criminal antitrust issues.

Previous Experience

Prior to entering private practice, from 1980 to 1983 Mr. Jacobovitz served as a trial attorney in the Bureau of Competition's Antitrust Section at the Federal Trade Commission (FTC).

Earlier, he gained legal experience with the Senate Judiciary Committee, focusing on antitrust and energy matters.

Awards and Honors

Education

Professional Memberships

American Bar Association
Section of Antitrust Law
          Criminal Practice and Procedure Committee
                    Vice Chair