Jenner & Block


Mr. Ascher’s current and recent representations include:

  • Defending American Express in a class action arising out of the nonrenewal of its co-branding relationship with Costco.  The complaint was dismissed on motion, and the dismissal was affirmed on appeal.
  • Successfully representing a leading cannabis company in several disputes with minority investors and shareholders.
  • Prosecuting a trade secrets claim on behalf of a biotech company against a Fortune 500 pharma company.  Our client proved theft of its trade secrets.
  • Prosecuting claims for Brookfield Asset Management relating to interest rate swaps. Brookfield resolved the claims for a $500 million gain.
  • Representing hedge fund investors and special servicers in numerous disputes relating to CMBS and CDO transactions.
  • Chesapeake Energy in a well-publicized trial against a trustee concerning the timeliness of a redemption of a $1.3 billion bond offering.
  • A hedge fund in a trial against marketers who claimed an interest in the fund. The case settled favorably after Mr. Ascher’s opening statement.
  • A major US bank in several disputes with other financial institutions concerning CDOs. Our client recovered more than $100 million.
  • A foreign institutional investor in claims against banks relating to structured finance investments. Our client has recovered more than $200 million.
  • Several leading real estate firms in matters relating to the origination, sale, securitization, and servicing of commercial and residential mortgages.
Earlier in his career, Mr. Ascher represented institutions in other civil litigation arising out of front-page financial scandals, including:
  • A Big Four accounting firm in two dozen cases alleging malpractice and fraud in connection with tax motivated transactions;
  • Four of the underwriters in the historic WorldCom class action;
  • Various insurance companies in billion-dollar claims involving commodity derivative transactions and credit default swaps relating to Enron and Parmalat;
  • A Japanese trading company defending antitrust claims and, separately, prosecuting fraud claims against several major investment banks; and
  • An Irish bank prosecuting fraud claims against two major US financial institutions.
Mr. Ascher also regularly counsels and defends institutions and individuals in SEC and other enforcement and white-collar criminal defense matters, including:
  • The CEO of a major mutual fund in the first trial of SEC charges alleging fraudulent market timing;
  • Individuals in several recent SEC enforcement actions concerning marketing and structuring of CDOs;
  • Traders, hedge fund executives and others in matters involving insider trading, bribery, tax fraud and otherwise; and
  • An individual in a seven-week trial in federal court concerning a multi-million dollar insurance fraud.