Jack A. Simms, Jr.

Education

  • Northwestern University School of Law (J.D., 2000)
  • Haverford College (B.A., Political Science, 1995)

Bar & Court Admissions

  • Supreme Court of Illinois, 2000 (voluntarily inactive)
  • United States District Court, Northern District of Illinois, 2001
  • District of Columbia, 2006
  • Delaware (Rule 55.1 in-house counsel admission), 2012-2015
  • Texas, 2016
  • United States District Court, Western District of Texas, 2016

Professional Activities

  • Austin Bar Association
  • Barrister, Lloyd Lochridge Inn of Court (2016-2018)
  • Member, Software and Information Industry Association

Jack A. Simms, Jr.

partner
512.960.4777  /  jack@wittliffcutter.com  /  vCard  / 

Jack has nearly 25 years of experience representing clients in complex commercial litigation and arbitration disputes. Jack brings to each engagement his experience and perspective as a litigation partner in the DC office of Boies, Schiller & Flexner and senior-inhouse litigation counsel at DuPont. Clients benefit from his dual perspective as a trial counsel and senior business advisor.

Jack represents publicly traded and privately held companies of all sizes as well as family businesses and high-net-worth individuals in a wide range of civil disputes including fraud, other business torts, breach of contract, civil RICO claims, shareholder disputes, trade secrets, intellectual property claims, non-competition/non-solicitation agreements, and environmental contamination claims.  Jack has represented WC clients in federal and state courts in Texas, New York, Tennessee, California, Iowa, and Mississippi, partnering with locally licensed counsel. Jack and fellow WC partner Slade Cutter serve as long-standing counsel to the Board of Directors for a global trade association representing platforms, publishers, financial information providers, and other firms in the information industries.

While a Boies Schiller partner, Jack led the DuPont/Pioneer trial team that delivered the company’s first trial victory against Monsanto in a multi-hundred million-dollar arbitration. He was also a key part of the team that delivered successful results for American Express in its record $4 billion antitrust settlement. Jack was also a key member of the team that obtained complete summary judgment for a Fortune 50 manufacturer defeating claims that its market-share based incentive pricing program violated the Sherman and Robinson-Patman Acts.  Jack was also part of the team that represented a businessman in litigation with his former business partner, Donald J. Trump. Jack previously practiced as an associate in the Chicago office of Baker & McKenzie, where his practice focused on complex commercial litigation, creditors’ rights in bankruptcy, and professional liability matters. 

Jack spent three years as a Corporate Counsel at DuPont, managing and resolving high-stakes litigation against competitors in the ag-biotech and electronics industries.  He led the negotiations of a broad and complicated settlement that resolved a series of commercial disputes and multiple ongoing commercial, patent, and antitrust litigation matters with a key competitor. Jack also co-led a multi-year negotiation with a competitor to resolve a patent dispute involving over twenty asserted patents in enabling technologies.  Jack also co-led a global team that protected DuPont’s intellectual property rights in its patented silver photovoltaic paste.  This included managing legal and business disputes and face-to-face negotiations in Asia. He recently spent six months seconded as in-house litigation counsel for a large publicly traded solar technology company, managing a nationwide docket of consumer-facing disputes, commercial and contract claims, and wrongful death cases.

Jack earned his law degree at the Northwestern University School of Law. He also attended Haverford College, where he was a captain of the men’s lacrosse team, a two-time all-conference honoree, and a member of the Haverford Men’s Lacrosse 25th and 50th Anniversary all-star teams. Prior to law school, Jack was an Admission Officer, history teacher, and lacrosse coach at an independent school in Westchester County, New York.

  • Wittliff Cutter, PLLC, Partner, 2016-present
  • Defend world’s largest privately held independent seed company in ongoing federal and state litigation.
    • Case initially filed in the U.S. District Court for the Western District of Tennessee and later transferred to the U.S. District Court for the Northern District of Mississippi. Obtained Rule 12(b)(b) dismissal with prejudice of civil RICO and racial discrimination claims brought by African American farmers.
    • One plaintiff subsequently refiled fraud and breach of contract claims in the Western District of Tennessee. That case settled with no payment to plaintiff.
    • Currently defending fraud and breach of contract claims brought by four plaintiffs in the Circuit Court of Shelby County, Tennessee: simultaneously prosecuting claims for breach of contract, fraud, tortious interference, and claims for fraudulent financial transactions.
  • Represented Spanish renewable energy company in complex commercial litigation matter with parallel proceedings before state courts in Cameron County, Texas, and New York, York. Case successfully resolved.
  • Represent large publicly traded solar manufacturer and installer in breach of contract and fraud claims against supplier in the Northern District of California.
  • Represent large commercial rancher/landowner as defendant/counter-plaintiff in litigation against multiple large mining and electric utility companies. Defended client from breach of contract claims and prosecuted claims for breach of lease, trespass, and negligence. The dispute involved coal ash contamination from a lignite mine and involved dozens of witnesses across the multiple parties and approximately 20 testifying experts across the parties. The case was successfully resolved after multiple years of litigation.
  • Defended largest privately held seed company in the United States in litigation brought in Iowa state court by former general counsel seeking damages of more than $40 million. Case successfully resolved.
  • Defended California-based semiconductor supplier in trade secret litigation filed in Texas federal court.
  • Represent large privately held company as Claimant in FINRA arbitration proceedings, concluding with one-week Zoom trial.
  • Defend Tennessee company in litigation arising from a disputed sale of a business. Case filed in Texas state court and successfully resolved.
  • Defend Austin software company against claims for injunctive relief filed in the U.S. District Court for the Eastern District of Pennsylvania. Case successfully resolved.
  • Defend national exercise equipment manufacturer in commercial dispute in U.S. District Court for the Western District of Texas and achieved dismissal of claims through motion practice.
  • Defend Austin commercial real estate company in breach of partnership agreements and fraud claims brought by investor.
  • Represented Fortune 500 company in prosecuting theft of trade secrets case against former employee who left company and started competing business. Case filed in Texas state court and successfully resolved.
  • Represented software company in breach of contract claims against licensee. Case filed in the U. S. District Court for the Southern District of New York successfully resolved with new business agreement.
  • Defended Austin software company against TRO proceeding brought by customer in New York State court. Case successfully resolved.
  • Represent Austin software company in breach of contract and fraud claim against former company executive. Case successfully resolved.
  • Represent litigation expert in breach of contract claim against law firm. Case successfully resolved.
  • Represent technology company in arbitration proceedings against software licensor. Case successfully resolved.
  • Boies Schiller & Flexner, LLP, DC office, Partner 2008-2012, Associate 2004-2005 and 2006-2007. Complex Commercial and Antitrust Litigation.
    • Lead trial counsel for DuPont/Pioneer defending claims brought by Monsanto relating to distribution agreements and co-branding. After a two-week hearing secured complete defense victory and defeated claims for injunctive relief and over $800 million in damages.
    • Key member of BSF team that represented American Express in antitrust litigation against Visa, MasterCard, and several banks, in which American Express obtained a record-breaking settlement over $4 billion.
    • Key member of BSF team representing Fortune 50 manufacturer against claims it violated the Robinson-Patman Act and Section 2 of the Sherman Act where damages sought were over $250 million. After being enjoined by trial court, obtained summary judgment for client, which was later affirmed on appeal.
    • Key member of BSF team representing DuPont in breach of contract claim and against key competitor and supplier of nylon intermediates.
    • Key member of BSF team representing former business partner of Donald J. Trump in litigation concerning Florida casino development.
    • Represented hedge funds in breach of contract case against issuer. Secured pre-discovery summary judgment on liability.
  • E.I. du Pont de Nemours and Company (“DuPont”), Corporate Counsel, Complex Commercial and Intellectual Property Litigation. 2012-2015.
    • Represented company in disputes with competitors of DuPont’s multi-billion-dollar corn and soybean businesses and in ex-US disputes with competitors of DuPont’s photovoltaic solar paste business.
    • Manage shareholder litigation, advise C-Suite executives and Business Presidents and Business Leaders.
    • Managed annual litigation budget in excess of $15m. Managed multiple large law firms representing the company in large, complex matters across the U.S.
    • Lead negotiator of litigation settlement agreement resolving years of multiple commercial, antitrust and intellectual property litigation with chief industry competitor.
    • Co-led cross functional team in years-long mediation to resolve patent litigation involving over 20 asserted patents related to enabling technologies.
    • Represented company in ex-US disputes with competitors of DuPont’s photovoltaic solar paste business.
  • Perry & Haas, Associate and Partner, 2005.
    • Represented catastrophically injured plaintiffs in the Texas City refinery explosion.
  • Baker & McKenzie, Chicago, Associate, Complex Commercial Litigation, Creditors’ Rights in Bankruptcy, Professional Liability and White-Collar Criminal Defense. 2000-2004.
    • Represented clients in complex commercial litigation matters including business torts, breach of contract disputes and civil RICO claims.
    • Represented creditors in large bankruptcy proceedings and defended numerous claims for preferential transfers.
      Represented individuals and firms in professional liability matters and government investigations.

Education

  • Northwestern University School of Law (J.D., 2000)
  • Haverford College (B.A., Political Science, 1995)

Bar & Court Admissions

  • Supreme Court of Illinois, 2000 (voluntarily inactive)
  • United States District Court, Northern District of Illinois, 2001
  • District of Columbia, 2006
  • Delaware (Rule 55.1 in-house counsel admission), 2012-2015
  • Texas, 2016
  • United States District Court, Western District of Texas, 2016

Professional Activities

  • Austin Bar Association
  • Barrister, Lloyd Lochridge Inn of Court (2016-2018)
  • Member, Software and Information Industry Association