Jason Hicks finds solutions to his clients’ problems. In addition to helping clients navigate day-to-day business disputes, Jason advises clients on antitrust compliance, pricing policies, distribution and franchise law, gaming law, industry specific trade regulations, advertising law, and intellectual property. Jason helps his clients navigate legal issues and avoid pitfalls in all aspects of their business, including research and development, supply chain management, distribution channels, pricing strategy, advertising and promotion, retail sales, and e-commerce.
Jason is also an experienced business litigator. He has successfully litigated cases in state and federal courts across the country, as well as administrative proceedings and arbitrations. In addition to a national litigation practice, Jason frequently appears in state and federal courts in Virginia, including the Eastern District of Virginia’s “rocket docket” and the Western District of Virginia, where Jason served as a law clerk for Chief Judge Samuel Wilson in Roanoke, Virginia. Jason also clerked for Judge Susan Black on the United States Court of Appeals for the Eleventh Circuit in Jacksonville, Florida and Atlanta, Georgia.
Representative Experience
Any result the lawyer or law firm may have achieved on behalf of clients in other matters does not necessarily indicate similar results can be obtained for other clients.
- Represented and advised video game manufacturers in a variety of matters, including: defending copyright and trademark infringement lawsuits, litigating breach of contract lawsuits, enforcing noncompete agreements and confidentiality agreements, constitutional challenges to laws regulating video games, drafting and negotiating distribution agreements, unfair competition cases, and advising clients on the intersection of video games and US gambling laws.
- Obtained summary judgment for manufacturing client on antitrust claims involving allegations of monopolization, bundled discounts, exclusive dealing and sham patent litigation—which ruling was affirmed by the Eighth Circuit Court of Appeals.
- Represent and advise gaming companies with respect to legal compliance, regulations and certifications, as well as litigation involving gaming law.
- Successfully litigated federal case between building product manufacturer and distributor regarding out-of-territory sales and conspiracy to hide transshipment of products through sham purchasers.
- Advise clients and litigate disputes involving dealer protection statutes, such as New Jersey Franchise Practices Act and Wisconsin Fair Dealership Law, as well as common law claims related to dealer terminations.
- Defend manufacturing client against claims of price discrimination under the Robinson-Patman Act.
- Successfully defended developer of mixed-use shopping center in a dispute involving storm water discharge in a week-long trial in Charlottesville, Virginia—which judgment was affirmed by the Supreme Court of Virginia.
- Represented several clients in disputes involving revenue share agreements for telecommunication services, including obtaining a multi-million dollar award against a major telecommunications company after a week-long arbitration proceeding.
- Obtained hundreds of millions of dollars in refunds and future reductions in assessments imposed on a manufacturing client by the USDA in an administrative appeal.
- Represented beer wholesalers in disputes with major brewer related to state franchise laws and potential mergers and acquisitions.
- Represented computer equipment manufacturer in an aftermarket antitrust and patent infringement case which eventually reached United States Supreme Court.
- Obtained multi-million dollar jury verdict in federal court in favor of government contractor for trucking services in Afghanistan—which verdict was affirmed by the Fourth Circuit Court of Appeals.
Professional & Civic Engagement
- Virginia State Bar Association
- North Carolina State Bar Association
- Charlottesville Albemarle Bar Association
- Member, International Masters of Gaming Law
Thought Leadership
- Pretrial Discovery: Defending and Opposing False Testimony, Errata Sheets, Sham Affidavits; Reopening Depositions, STRAFFORD WEBINAR (September 10, 2020).
- Online Sales & Pricing: Avoiding Antitrust Pitfalls, CLE WEBINAR (March 2017).
- To What Extend Can You Use Errata Sheets To Correct Testimony Under Rule 30(E)?, AMERICAN BAR ASSOCIATION TRIAL TECHNIQUES COMMITTEE NEWSLETTER (Fall 2016).
- Various articles published in e-Competition Review 2011-2014.
- Antitrust and Competition Review 2013, FINANCIER WORLDWIDE (July 2013).
- Antitrust Risks in E-Commerce Distribution, STRAFFORD (November 2012).
- US Antitrust Policy Enters A New Phase, FINANCIER WORLDWIDE (November 2009) (Co-Author).
- Judicial Empathy, Daily Progress (May 26, 2009).
- Maryland Law Counters High Court’s ’07 Price Ruling, MARYLAND’S DAILY RECORD (June 18, 2009) (Co-Author).
