Jason A. Richardson
University of Utah, B.A., Speech Communication, 2002
University of Houston, C.T. Bauer College of Business, M.B.A., 2006
University of Houston Law Center, J.D., 2006
Jason Richardson has a nationwide practice focused on complex commercial and financial services litigation, including disputes concerning securities and life insurance fraud, energy trading, insurance coverage, employment and non-compete agreements, oil and gas royalties, breach of contract and Title VII discrimination. Jason has extensive experience representing both investors and securities industry members in court and arbitration proceedings before the Financial Industry Regulatory Authority (FINRA) in connection with claims for violations of state and federal securities laws, fraud, breach of contract, violations of industry regulations, unsuitability, churning and negligent supervision. After the severe decline of the real estate markets, Jason assisted his broker/dealer clients in developing innovative litigation strategies to defend influx of lawsuits relating to real estate investment trusts. In addition, Jason has experience in appellate proceedings before state and federal courts across the country.
Prior to joining the firm in 2010, Jason’s practice focused on representing customers and investors in FINRA arbitrations. In law school, Jason served as Chief Recent Developments Editor for the Environmental & Energy Law & Policy Journal, and was a regular political opinion columnist for The Daily Cougar. Before beginning the practice of law, he worked in the land-surveying industry, where he managed survey crews on major land development and oil pipeline projects and established boundary lines for governmental, commercial and residential properties. Apart from the practice of law, Jason enjoys playing and restoring bass guitars, camping and entertaining his two daughters.
Texas Rising Star - 2014, 2015 and 2016
Obtained summary judgment in favor of life insurer on all claims brought beneficiary who waited over ten years to file a death claim. The court found that Texas law does not impose an affirmative duty on life insurers to undertake searches of records such as the Social Security Death Master File to discover the death of its insureds. This ruling is one of the first and few in the country to address this topic, which has recently become the subject of class action litigation. The court dismissed all claims with prejudice on summary judgment, and denied the plaintiff’s subsequent request to set that judgment aside. This judgment was upheld on appeal to the Fourth Court of Appeals, San Antonio, Texas.
Obtained summary judgment in favor of life insurer on all claims brought by beneficiary of lapsed policy. The plaintiff argued that the insurer had a duty to locate the policy owner at his new and undisclosed address so that he could continue receiving billing notices. She further alleged that the insurer wrongfully allowed the policy to lapse by not sending written notice to the new address. All claims were dismissed with prejudice and costs assessed against the plaintiff.
The court granted a Rule 12(b)(6) motion to dismiss in which a variable annuity issuer asserted a statute of limitations defense. The Plaintiff purchased a variable annuity in early 2008 which almost immediately lost value as a result of the severe market downturn later that year. He waited until 2013 to file suit, by which time his claims were time-barred.
Obtained summary judgment in favor of life insurer on all claims brought by a fictitious charitable organization for insurance proceeds on the life of a non-existent person. The court found that the beneficiary of the policies utilized forged documents to misidentify an unclaimed body as that of the insured’s. The policy was rescinded, the insurer was awarded attorneys’ fees and permitted to retain all premiums paid on the policy.
Obtained summary judgment in favor of securities broker/dealer on all claims brought by former registered representative alleging breach of contract, fraud and negligent failure to provide training necessary to make recommendations to customers regarding investments and complex welfare benefit plans. The court found that plaintiff’s claims were time-barred and dismissed them all with prejudice.
Obtained summary judgment in favor of annuity contract issuer on all claims brought by purported purchasers of counterfeit annuity policies allegedly created by the issuer’s former sales agent.
Affirmed trial court’s summary judgment in favor of life insurer in interpleader dispute in which multiple contestants to life insurance policy proceeds asserted claims for violations of the Texas Insurance Code and Deceptive Trade Practices Act for failing to properly pay claims.
Obtained summary judgment in favor of employer on all claims asserted by employee alleging violations of Title VII. The judgment was affirmed on appeal to the U.S. Court of Appeals for the Fifth Circuit (Case No. 13-40686), and the Supreme Court of the United States subsequently denied the plaintiff’s petition for a writ of certiorari (Case No. 14-5267).
Obtained dismissal of all claims asserted by the estate of the annuitant under an annuity contract against the issuer for allegedly participating in a scheme to hasten the death of the annuitant.
Lead counsel representing a securities broker/dealer in FINRA arbitration proceedings initiated by a group of 22 investors asserting claims relating to failed real estate investment trusts. All claims were favorably resolved after multiple days of mediation.
Assisted securities broker/dealers in conducting internal investigations regarding suspected insider trading, violation of industry rules and selling away by registered representatives.
“We Were Never Told That!”: Avoiding Litigation By Disclosure and Explanation of Annuity Taxation to Customers. Presentation, Oct. 3, 2012 at International Claim Association Annual Education Conference, Orlando, Florida.
“Is a Variable Annuity a ‘Security’?: Making Sense of Inconsistent State and Federal Statutes,” PIABA Bar Journal, Vol. 14, No. 4, Winter 2007 (republished in Securities Arbitration 2008: Evolving and Improving 399-419 (PLI Corporate Law and Practice Course, Handbook Series No. B-1686, 2008))
“’We Were Never Told These Things Could Fail’: An Overview of the Auction Rate Securities Market,” PIABA Bar Journal, Vol. 15, No. 1, Spring 2008.
“Increased Scrutiny on Conservation Easement Donations: How a Crackdown on Tax Fraud by the IRS Could Impact Environmental Protection,” Environmental & Energy Law & Policy Journal, No. 1, 2005.