Jennifer L. White
Jennifer's approach to practicing law is to partner with her clients and deliver high quality work under tight deadlines while being sensitive to costs and keeping the clients' business interests at the fore. She has more than 14 years experience counseling and representing clients and 12 years experience teaching law and mentoring young lawyers. As a complex commercial litigator, she solves problems, leads teams, wins cases, and handles all aspects of client representation, including advising clients about litigation prevention, litigating in state and federal courts, and negotiating on her clients’ behalf.
Jennifer has substantial experience advising clients about their contracts and commercial agreements, from relatively common provisions like "best efforts", non-compete and termination terms, to more complex option, healthcare, intellectual property terms and agreements, as well as regulatory filings and internal company protocol and procedures. Her practice has deliberately spanned many substantive areas and industries, including real estate, board and shareholder matters, labor and employment, antitrust and regulatory, intellectual property, environmental, healthcare and pharmaceuticals, sports, securities, bankruptcy, white collar and general commercial matters.
In addition to her litigation skills, Jennifer is a certified Anti-Money Laundering Specialist (CAMS) with substantive knowledge and experience in compliance matters, including work in connection with a New York Department of Financial Services monitorship to review, analyze and evaluate a bank’s anti-money laundering program. E-discovery and technology-assisted document management and review is also one of her areas of focus, and she has utilized cutting edge predictive coding technology to participate in document discovery in a more accurate, efficient and cost-effective way.
Jennifer fully participates in, and gives back to, her community in various roles. Among other things, she: spent 8 years on the Arent Fox LLP Pro Bono Committee and has represented many needy clients on a pro bono basis; directed the Arent Fox LLP legal writing program for summer associates; raised funds on behalf of the New York Road Runners youth services as a marathon runner and Team for Kids member; and has served in multiple leadership and volunteer roles for Butler University, including as Greater New York Alumni Chapter President, Secretary to the Alumni Association Board of Directors, and Atlantic-10 Conference Tournament Host Committee Member and Sub-Committee Chair.
Jennifer has assisted clients with a wide range of matters in state and federal courts, and in matters decided in arbitration and resolved via other means of alternative dispute resolution. She also frequently advises clients on their rights and liabilities before litigation arises. Representative matters include:
- Representing Quanta Resources, Inc. in multiple CERCLA, RCRA and bankruptcy matters before the U.S. District Court for the Eastern District of New York, the U.S. Bankruptcy Court for the Southern District of New York, and the U.S. Court of Appeals for the Second Circuit. Notable victories on behalf of the client include: defeating motions for summary judgment based upon CERCLA §§ 107 and 113; successfully opposing a motion to re-open bankruptcy proceedings and separately defeating a motion for summary judgment on bankruptcy-related grounds; defeating a motion for preliminary injunction; and securing an order granting the client’s motion to dismiss the appeal before the Second Circuit.
- On behalf of Luitpold Pharmaceuticals, Inc., obtained favorable summary judgment and evidentiary rulings from the U.S. District Court for the Southern District of New York, ultimately leading to the favorable settlement of a $250 million claim for improper termination of a pharmaceutical manufacturer-distribution agreement.
- In connection with a New York State Department of Financial Services monitorship, worked with the independent monitor to review, analyze and evaluate a bank’s anti-money laundering and sanctions compliance program, and assisted in drafting the report and recommendations.
- Represented a national dialysis services company in a putative class action seeking to enjoin a $115 million acquisition and follow-on merger. The team’s early motion to dismiss and vigorous opposition to discovery ensured the timely and successful completion of the acquisition and merger with no settlement or payment to the plaintiffs.
- Applied specialized e-discovery skills to spearhead an efficient document review and production in the firm’s representation of BOKF, N.A., in connection with the Caesars Entertainment Operating Company, Inc. bankruptcy proceedings in the U.S. Bankruptcy Court for the Northern District of Illinois.
- Represented Fundamental Long Term Care Holdings, LLC and various subsidiaries in multiple state court litigation matters, including a shareholder derivative action, a dispute involving the interpretation of language in an option agreement, a Yellowstone injunction, and other real estate disputes, including claims that certain facilities were in default of their insurance coverage obligations under their leases.
- Prepared and presented antitrust law submissions on behalf of firm clients, including: making a confidential presentation to the Department of Justice, Antitrust Division; submitting pre-merger notification papers pursuant to the Hart-Scott-Rodino Act; and briefing antitrust arguments in multiple jurisdictions on behalf of firm clients.
- Represented clients in real estate litigation. For example: (1) on behalf of an investor in various entities who manage ground-up condominium developments in New York, secured favorable settlements in disputes regarding repayment of a $1 million loan, and investor access to books and records; (2) obtained a warrant of eviction on behalf of commercial landlord client; (3) on behalf of another commercial landlord client, managed a litigation in which the client was named as a defendant, ultimately securing a settlement in which the plaintiff paid the defendant to resolve the dispute; and (4) obtained a complete, with-prejudice and pre-discovery dismissal of all claims asserted by a tenant after persuading the court that the landlord client’s acceptance of rent post-termination notice did not nullify that notice.
- Participated on the team that secured two major victories for Sompo Japan Insurance Inc.: (1) an arbitration award reported by the Wall Street Journal on December 23, 2003, as $1.12 billion in damages following its claim that Fortress Re Inc. defrauded it in a scheme involving deceptive accounting; and (2) a confidential settlement with Deloitte & Touche LLP, which the Wall Street Journal on September 21, 2005 reported as “one of the largest ever paid by an accounting firm over its audit work.”
Jennifer has obtained favorable outcomes on behalf of clients in the labor & employment arena. For example:
- Jennifer won two separate pre-discovery dismissals – one in the United States District Court for the Southern District of New York, and another in the New York County Supreme Court – of employment discrimination actions filed against the clients, a professional association and several individually-named defendants;
- In a New Jersey state litigation, Jennifer represented the employer-defendant, obtaining a favorable pre-answer, pre-discovery settlement on behalf of her client;
- In a New York employment discrimination action, Jennifer obtained a settlement for her client, the plaintiff-employee, that exceeded the client’s initial demand by 25%;
- In a case featured as the leading commercial case in the March 31, 2009 edition of the New York Law Journal, Jennifer participated on the team that secured the dismissal of all claims, including those by the former CEO seeking past compensation, against Arent Fox clients Moses Marx, the chairman of the board of directors of GF Health Products, Inc. and the corporation.
Jennifer also has substantial federal and state appellate experience, including prevailing at United States Court of Appeals for the Second Circuit by obtaining an order vacating the district court’s summary judgment ruling. Jennifer’s appellate experience also includes arguing a criminal appeal before the New York Appellate Division, First Department; appearing on behalf of the New York State Bar Association (NYSBA) before the Second Circuit in Alexander v. Cahill, in which the Second Circuit cited with approval the amicus brief submitted by Arent Fox; and briefing and appearing before the Appellate Division, First Department and the New York Court of Appeals on various civil litigation matters.
Publications, Presentations & Recognitions
Jennifer is a member of the adjunct faculty at the Fordham University School of Law, where she teaches alternative dispute resolution and fundamental lawyering skills, a course designed to teach students the skills essential to the practice of law through a combination of lecture and experiential learning. Jennifer is also a member of the adjunct faculty of Butler University and the New York Learning Semester, for which she designed and is teaching a course on culture and immigration.
Jennifer has given numerous lectures and presentations, including:
- Presenting as a panelist for The Knowledge Group's webinar "Anti-Money Laundering Due Diligence & Compliance: What you Should Know In 2018 & Beyond";
- Presenting a continuing legal education seminar on civil litigation drafting at the Fordham Law School, Bridge The Gap Continuing Legal Education Program;
- Lecturing on the topic of international arbitration at the annual Center for International Legal Studies conference in Steamboat Springs, Colorado;
- Speaking on the topic of experiential learning/teaching at the American Bar Association Section of Dispute Resolution, Legal Educators’ Colloquium in Washington, D.C.; and
- Guest lecturing on the topic of alternative dispute resolution at the University College Dublin, Ireland.
Her pro bono recognitions include being named to MFY Legal Services, Inc.’s “Pro Bono Honor Roll” for outstanding commitment to providing pro bono legal services to those in need, and receiving “Empire State Counsel” recognition by the New York State Bar Association for commitment to providing outstanding pro bono legal services to low income individuals, vulnerable persons and the non-profit organizations that provide an array of legal services to these groups. Jennifer has also been the recipient of the Fordham Law Dispute Resolution Society “Distinguished Alumni Award” and the Butler University Ovid Butler Society Foundation Award.
While in law school, Jennifer spent a year as an Associate in the New York County District Attorney’s Office, collaborating with law enforcement and prosecutors. Before joining Arent Fox, Jennifer spent four years as a litigation associate at a prominent international law firm, primarily handling large, complex reinsurance litigation and arbitration disputes.
Life Beyond the Law
Jennifer is an avid marathoner, road racer and running coach. Jennifer is also a lifelong musician, having studied at the Interlochen Arts Camp, earning her B.A. in music performance (violin), performing with the New York City Bar Association Lawyers’ Orchestra, marching and playing the piccolo in the Tournament of Roses Parade, and singing at Carnegie Hall under the direction of composer/conductor John Rutter. When not in the office, Jennifer can be found spending time with her husband and their two beloved senior rescue dogs.
Bar & Court Admissions
- District of Columbia Bar
- New Jersey Bar
- New York Bar
- Supreme Court of the United States
- US Court of Appeals, 9th Circuit
- US Court of Appeals, 2nd Circuit
- US District Court, District of Columbia
- US District Court, District of New Jersey
- US District Court, Eastern District of New York
- US District Court, Southern District of New York
Fordham University School of LawJDRecipient, Joseph R. Crowley Award for Community Service; Recipient John D. Feerick Award for Alternative Dispute Resolution; National Champion, ABA Representation in Mediation CompetitionButler UniversityBAmagna cum laude, music and english