How Jack Helps Clients
Jack brings decades of litigation and counseling experience to complex business and regulatory matters before the courts, administrative agencies and arbitration panels. He concentrates his practice in: (1) business litigation involving commercial, insurance, professional, educational and nonprofit entities and (2) state regulation of insurance, businesses and nonprofits.
Jack has represented insurance companies, business and nonprofit corporations, banking and trust entities, educational institutions, pharmaceutical companies, health care providers, communications and media companies, government entities, and professional firms and individuals. He has represented clients in a broad range of issues involving, among others:
- Business disputes and litigation
- Commercial transactions and contract disputes
- Insurance regulation and trade regulation
- Nonprofit organization and operation
- Regulatory compliance
- Restrictive covenants
- Contests for control
- Corporate and partnership organizational issues
His recent practice for insurers with an emphasis on health insurance has included such matters as the following:
- Change of control regulation, compliance, challenges
- Consolidations, mergers, affiliations, joint operating arrangements
- Licensure, certificates of authority
- Market conduct
- Health insurance and Health Plan Corporations Act matters
- Compliance with Affordable Care Act provisions
- Blue Cross Blue Shield issues
- Nonprofit health plan issues
- Integrated delivery system issues
- Entities operating as HMO's, PPO's
- Surplus issues
- Executive compensation
Jack is admitted to practice and has appeared before all levels of courts of the Commonwealth of Pennsylvania, the United States District Courts for the Middle and Eastern Districts of Pennsylvania, the United States Courts of Appeals for the Third and Federal Circuits, the United States Claims Court and the United States Supreme Court.
He is also consulted frequently on matters filed in or undertaken by courts and administrative agencies with specialized jurisdictions including the Commonwealth Court of Pennsylvania, the Pennsylvania Insurance Department and the Pennsylvania Office of Attorney General.
Experienced in alternative dispute resolution, Jack is a certified member of the Mediation Panel of the United States District Court for the Middle District of Pennsylvania and previously served as a member of the Construction Industry and Commercial Panels of Arbitrators of the American Arbitration Association. He has represented clients in significant mediations and arbitrations and has served in the role of both mediator and arbitrator.
Jack’s more recent successfully concluded litigation experience includes:
- Representation of a major insurer in proposed class action claims under the Pennsylvania Nonprofit Corporation Law relating to the insurer's surplus.
- Representation of a major pharmaceutical company in an appeal arising from an action challenging the pricing of pharmaceutical products.
- Representation of a trustee of a major charitable trust in an action regarding the tax status of charitable trusts.
- Representation of current and former Board members of the Trustee of a charitable trust in an investigation by the Office of Attorney General.
- Representation of the governing board of a law school in its relationship with a major university.
- Representation of a major health insurer in an action challenging the use of the surplus of the nonprofit insurer for contributions to charitable entities.
- Securing regulatory approval of a change in control of Pennsylvania's largest health insurer to permit the development of a major integrated healthcare financing and delivery system.
- Securing regulatory approval of a change in control of a nonprofit health insurer to permit a merger of two nonprofit health insurers.
- Securing regulatory approval of protections for competitively sensitive information in an integrated financing and delivery system.
Jack's recent practice has also included engagements involving litigation and/or counseling in such subject matter areas as:
- Municipality authority issues
- Business organization and governance
- Professional malpractice
He served two terms as a member of the Pennsylvania Supreme Court's Civil Procedure Rules Committee, including the position of vice-chair of the Committee, by appointment of the Court.
Active in professional education, he previously served as an adjunct instructor at Penn State Dickinson School of Law in its trial advocacy program and as a lecturer at Widener Law School. Jack is also active in the community, having served in numerous civic capacities, including the governing boards of Dickinson College, the Cumberland Valley School District, WITF, Inc., the Cultural Alliance of York County, Hospice of Central Pennsylvania, and Whitaker Center for Science and the Arts, which board he chaired.
Jack served for more than 13 years as the Chair or Co-Chair of Buchanan's Litigation Section and served two terms as a member of the firm's Board of Directors. He was named as a national "Litigation Trailblazer" in 2015 by the National Law Journal. Since 2006, he has also been consistently named among Best Lawyers in America in the Commercial Litigation category and was named as a Lawyer of the Year in 2009 for "Bet the Company Litigation" and has been repeatedly selected for inclusion in Pennsylvania Super Lawyers and Corporate Counsel Super Lawyers lists. He has appeared multiple times in Philadelphia Magazine and Harrisburg Magazine in "best lawyers" compilations.
University of Virginia School of Law, J.D.
Dickinson College, A.B., magna cum laude
- U.S. District Court for the Middle District of Pennsylvania
- U.S. District Court for the Eastern District of Pennsylvania
- U.S. Court of Appeals for the Third Circuit
- U.S. Court of Appeals for the Federal Circuit
- United States Court of Federal Claims
- Supreme Court of the United States (SCOTUS)