Contact

jsena@rksllp.com212.597.2815

Education

Jarett represents institutional investors, hedge funds, and other investors in connection with business valuation matters, fiduciary duty claims, shareholder rights, securities claims, and other complex commercial disputes.  Jarett has extensive experience litigating all aspects of a business valuation dispute in the Delaware Court of Chancery and other courts around the country -- from inception to trial and on appeal. Jarett also regularly litigates securities claims inside and outside the bankruptcy context, and has pioneered innovative legal strategies for clients seeking to create value through litigation. 

As a frequent contributor of RKS’s Valuation and Shareholder Rights Blog, an online forum providing extensive coverage of issues of shareholder and investor rights,  Jarett is appreciated for his insights on value-enhancing tools available to investors.

Jarett is also committed to pro bono service, including obtaining asylum for children.  Prior to joining the firm, Jarett served as a judicial clerk to the Hon. Allison E. Accurso of the Appellate Division of the Superior Court of New Jersey.

Representative Matters:

  • Litigated numerous business valuation disputes on behalf of institutional investors in Delaware Chancery Court that have resulted in confidential settlements at various stages of the litigation, including early on in discovery and at the eve of trial.  Representative matters include actions against a major healthcare company, a medical transport company, a telecommunications company, and a leading distributor of refrigerated foods.
  • Tried numerous valuation disputes involving discounted cash flow inputs, adjustments to projections, perpetuity growth rate assumptions, and control premiums.
  • Pioneered intervention strategy to preserve timeliness of investors’ claims under the Securities Exchange Act of 1934, and secured first written opinion in the country affirming the strategy. 
  • Protecting and advancing investors’ securities claims in various bankruptcy proceedings against major companies, including PG&E Corporation, Luckin Coffee, Inc., and Mallinckrodt plc. 
  • Representing multiple investors including Janus Henderson Investors, SunAmerica Asset Management, Brahman Capital, MSD Partners, GMO, Discovery Capital Management, and Incline Global Management against Valeant Pharmaceuticals International, Inc. (n/k/a Bausch Health Companies Inc.) and certain of its former executives in a case dubbed the “pharmaceutical Enron.”
  • Successfully defended the rights of shareholders of HRG Group Inc. to be fairly and adequately represented in a recent proposed securities class action settlement.
  • Representing a long-time client Special Situations Funds as co-lead counsel for a class of public investors in the securities of Chembio Diagnostics for misstatements made about its COVID-19 antibody test.

Publications:

Jarett is a contributor to the RKS Valuation Litigation and Shareholder Rights (VLSR) blog, a clearinghouse for news and analysis involving global issues of shareholder and investor rights.

Awards:

Named a member of the Kids in Need of Defense (KIND) 2021 Pro Bono Team of the Year for the Newark Office. KIND is the preeminent U.S.-based nongovernmental organization devoted to the protection of unaccompanied and separated children.  Jarett’s team won asylum for a father and son who were forcibly separated upon entering the United States after fleeing Guatemala under the fear of persecution.