Jack Baughman is a counselor and trial lawyer who specializes in high stakes, extremely complicated litigation. Since 2008 he has defended claims against firm clients totaling more than $30 billion. He prepares every case on the assumption that it will go to trial and is one of very few lawyers in the United States who has won multiple multi-billion dollar jury verdicts.
For many years, Jack’s practice has focused on his trial work. He is frequently hired to replace prior counsel as a case approaches trial, and his proven ability to try cases gives his clients important leverage in settlement negotiations. For example, he was recently retained as lead trial counsel for a potentially precedent-setting case scheduled for trial in April 2019 in Delaware Chancery Court. In 2018, he was hired to handle two antitrust cases for a major pharmaceutical company, a terrorism case for a major U.S. manufacturer, a contract dispute concerning financial software, and an employment class action in the leisure industry. This is similar to 2017 when he handled several significant matters:
- In February, Jack was lead trial counsel in an arbitration on behalf of a major U.S. drug store chain, in litigation with its former CEO. Jack obtained a defense verdict on all of the plaintiff’s claims as well as a multi-million dollar award on his client’s counterclaim.
- In the spring, Jack was co-lead trial counsel for an international insurance company in a case that settled after Jack’s opening statement to the jury in New York Supreme Court.
- In May, Jack was lead trial counsel in a $750 million licensing dispute for a major pharmaceutical company. Following jury selection in California Superior Court, the plaintiff dropped its settlement demand by 70 percent and the case was resolved on extremely favorable terms for Jack’s client.
- In the summer, Jack was brought in as lead trial counsel for a major pharmaceutical company in a $2.5 billion antitrust case following a failed mediation. Jack repositioned the case and, on the eve of trial, it settled for less than one eighth of the plaintiffs’ previous demands.
In 2016, Jack was brought in as lead trial counsel for a major Wall Street bank in one of the few Section 10b-5 securities fraud cases ever to go to trial. Following two months of trial, the plaintiff agreed to settle for 12 percent of his original demand.
In the fall of 2015, Jack was brought in as the lead trial lawyer for Citigroup in a $900 million fraud case, replacing prior counsel three months before trial. Just before openings, the plaintiff agreed to settle for less than 5 percent of its original demand.
From January through September 2014, Jack was the lead trial lawyer for a major international energy company in a $9 billion precedent-setting environmental damage case. Following 66 days of testimony and closing arguments, the plaintiff agreed to settle for less than 2.5 percent of claimed damages. Final approval of the settlement is pending.
In the past few years, Jack has also obtained other major victories for Citigroup, including:
- In 2013, Jack won summary judgment for Citigroup in Sungate Securities v. Citigroup. The bank was accused of breach of fiduciary duty in connection with the sale of limited partnership interests. The claims asserted threatened core aspects of Citigroup’s business model and put billions of dollars at risk. Jack ran the case for three years and assembled a record that enabled him to make a successful summary judgment argument in the trial court. In September 2014, the Florida Court of Appeals affirmed.
- Between 2010 and 2014, Jack defeated a series of claims brought against Citigroup by investors in Norway, including a securities broker, a pension fund, a private office and seven municipalities, all of which claimed to have been defrauded when purchasing derivative securities. In a series of important decisions, Jack obtained three separate summary judgment rulings, all affirmed on appeal. To obtain these results, Jack managed an international team and spent several months in Norway conducting discovery and appearing in the Norwegian courts to obtain evidence. He argued all the trial court motions and all the appeals in the Second Circuit.
- In 2010, Jack and two of his partners were trial counsel for Citigroup in Terra Firma v. Citigroup, where the bank was accused of fraud in connection with the sale of the music company EMI. Jack took the lead in preparing the case in only 10 months. The jury returned a verdict for Citigroup in less than five hours, eliminating more than $7 billion in claims.
- Similarly, Jack and one of his partners achieved the largest U.S. defense verdict in 2008 for Citigroup in Bondi v. Citigroup, a suit arising out of the collapse of Italian dairy company Parmalat. Over four years, Jack managed the case, overseeing a large team of lawyers and other professionals. At trial, our team defeated claims worth more than $12 billion – while obtaining a $364 million jury verdict in favor of Citigroup on the bank’s counterclaim. In 2011, Jack argued the appeal and the New Jersey appellate court affirmed the verdict, and in August 2014, the New Jersey judgment was upheld by the Italian Court of Appeals in Bologna.
- In another recent case, Jack was the lead trial lawyer in Chambers v. Catullo, acting for the plaintiff in a unique libel case. Following a three-month trial, Jack obtained a permanent injunction in favor of the client, a prominent international philanthropist. This result — successfully enjoining defamatory speech — is extremely rare.
Jack has also handled matters involving commercial disputes, false advertising, product liability and antitrust. He has tried cases in state and federal courts, as well as in arbitration proceedings. His representations include:
- representing Bowlero, the world's largest bowling company, in a series of employment related matters;
- defending Raymond Bitar, the former CEO of Full Tilt Poker, who was charged with a variety of crimes relating to online gambling;
- representing Bank of America in a major securities class action in federal court;
- securing a victory for a Canadian oil company in a London arbitration concerning insurance coverage;
- serving as trial counsel for a Russian industrial company involved in a commercial dispute tried in the United States; and
- representing an NBA team in an arbitration against a player.
Jack’s cases frequently involve overlapping civil, criminal and regulatory actions. He has handled cases brought by numerous U.S. regulators, including the Department of Justice, the SEC, various state attorneys general and the Manhattan District Attorney. Many of Jack’s matters are international; he spends a significant amount of time in the United Kingdom and Europe. In addition to dealing with U.S. regulators, he has advised clients in proceedings in the U.K., Europe and Hong Kong and has appeared in court in Guernsey, Italy and Norway. Also, he has served as an expert on U.S. law in a case in the High Court of Justice in London and a case in the Civil Court of Milan (Italy). In both cases, the courts relied on Jack’s analysis in reported decisions.
Jack has been named a “Litigator of the Week” by The American Lawyer; has been recognized by Benchmark Litigation; and was named one of the top 500 Lawyers in America by Lawdragon magazine from 2012 to 2018. He is an honorary member of COMBAR, the London commercial barristers’ organization.
Prior to becoming a lawyer, Jack was a conservation biologist in California and Nevada, where he studied endangered butterflies.