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 a national litigation practice representing clients in complex commercial disputes. Prior to joining the firm, Jack was a partner in the Washington, D.C., office of Boies Schiller Flexner and a Corporate Counsel at DuPont.

Jack has significant experience representing clients in the ag-biotech and solar industries, manufacturing and distribution, and financial services. He spent eight years practicing complex commercial and antitrust litigation at Boies Schiller and was promoted to partner in 2008. While at BSF, Jack led the trial team that delivered to DuPont/Pioneer its first trial victory against Monsanto in a multi-hundred-million-dollar arbitration. He spent three years as a Corporate Counsel at DuPont, supporting the company’s ag-biotech and electronics businesses in commercial and intellectual property disputes involving competitors, key products, and technologies. Jack’s experience as an external and internal counsel give him a unique perspective when working with clients to develop creative and business focused solutions to challenging issues.

Jack graduated from Haverford College and The Northwestern University School of Law. Prior to law school, Jack was an Admission Officer, teacher and coach at an independent school, where he also started the boys’ lacrosse program. Jack moved to Austin in July 2015 with his wife and their three children.

  • Defend largest privately held seed company in the United States in complex civil litigation, including RICO, fraud and racial discrimination claims.
  • Represent landowners in litigation against multiple mining and electric utility companies concerning breaches of agreements, negligence and other claims.
  • Lead trial counsel for DuPont and Pioneer in AAA arbitration defending multi-hundred-million-dollar claims brought by Monsanto for breach of license and tortious interference. Obtained complete defense award denying all claims for damages and injunctive relief.
  • Advise large privately held company in connection with its key licensing and collaboration agreements with various Fortune 500 businesses.
  • Defended largest privately held seed company in the United States in litigation brought by former general counsel.  
  • Defended DuPont and Pioneer affiliates against claims brought by Monsanto for breach of technology license agreements; prosecution of antitrust counterclaims.
  • Part of team that represented American Express in antitrust litigation against Visa, MasterCard and several banks, in which American Express obtained a record-breaking settlement in excess of over $4 billion.
  • Represented DuPont in breach of contract action against supplier of nylon intermediates.
  • Defended major U.S. corporation against claims it violated the Robinson-Patman Act and Section 2 of the Sherman Act where damages sought were in excess of $250 million. After being enjoined by trial court, obtained summary judgment for client, later affirmed on appeal.
  • Defended major U.S. corporation against claims it violated Section 2 of the Sherman Act. Obtained judgment on the pleadings; appeal dismissed.
  • Lead negotiator of litigation settlement agreement resolving years of multiple commercial, antitrust and intellectual property litigation with chief industry competitor.
  • Co-lead global team providing legal oversight of disputes and other strategic issues concerning competitors, suppliers and customers.
  • Co-lead global team in disputes with competitor regarding technology used in solar cells and devices.

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