Overview

Overview

Jason Manekas is a partner at Bernkopf Goodman specializing in complex business and real estate litigation. Jason represents a wide variety of clients ranging from individuals to multi-national corporations. His business background provides him a unique insight into how businesses function and permits him to offer practical advice to enhance their bottom line, including pre-litigation counseling.

Jason understands the broad picture while never losing focus on the details. His ability to analyze complex matters and aggressive case management strategies permit him to achieve timely and cost-effective resolutions for his clients. He has a specialty in title insurance litigation, having successfully established favorable precedent on two occasions before Massachusetts’ highest court, as well as all aspects of loan servicing.  He also has substantial experience in an array of litigation matters including contract disputes, landlord/tenant disputes, shareholder, derivative, and class actions, zoning appeals, and debt collection and fair credit claims.

Jason’s practice also includes appellate work and he has argued before the NH Supreme Court, the MA Supreme Judicial Court, and the U.S. Court of Appeals for the First Circuit.

Matters & Transactions

Representative Matters & Significant Transactions

  • Abrogated the “in for one, in for all” rule in Massachusetts with respect to title insurance
  • Eliminated the duty to defend by title insurers in Massachusetts with respect to lender liability claims even if they seek to void insured mortgages
  • Successfully represented landowner in dispute with tenant and sub-tenants who claimed they had a perpetual lease of the underlying property comprised of nearly seven acres of land located across the street from Nantucket Sound
  • Successfully represented general contractor in dispute with property owners that culminated with an 11-day construction arbitration. The arbitrator dismissed the owners’ claims for $1.8 million against the general contractor and awarded the general contractor 100% of its claim, plus interest
  • Successfully defended lenders and loan servicers in actions by borrowers challenging foreclosure and raising a myriad of claims designed to undo the foreclosure and/or cloud title to the property
  • Represented developer sued by potential purchaser of a luxury condominium in a 5-count complaint claiming, among other things, specific performance. We were able to dissolve the lis pendens and obtain summary judgment on all claims in approximately six weeks from commencement of the lawsuit
  • Obtained award of specific performance for developer seeking to enforce offer to purchase mixed use property
  • Successfully represented a homeowner in challenging and defeating a variance granted to a developer that would have permitted construction of housing approximately ten feet from the homeowner’s property
  • Obtained summary judgment award for our client concerning its exercise of an early termination provision in commercial lease. The Court agreed with our interpretation of the lease language finding it to be the only “rational interpretation” and dismissed all claims against our client. The decision was obtained at an early stage of litigation, thus saving the client substantial litigation costs
  • Successfully defended lenders and creditors against a host of claims under the Fair Debt Collection Practices Act, Fair Credit Reporting Act, Fair Credit Billing Act, and Truth in Lending Act
  • Successfully represented and defended title insurance company and insureds under title insurance policies including, without limitation, claims involving reformation, equitable subrogation, clearing title, coverage, confirming easements, and defalcation
Honors & Recognition

Honors & Recognition

  • Selected for Inclusion in the 2005, 2006, 2007 and 2008 Rising Stars Edition of Massachusetts Super Lawyers
  • AV Rated – Martindale Hubbell Peer Review 2013

News, Events & Publications

SJC Confirms Landlords May Obtain Occupancy Payments During Eviction Proceedings and Outlines the Critical Factors
First Circuit Court of Appeals Withdraws Foreclosure Decision Adverse to Lenders and Certifies Question to MA Supreme Judicial Court
Client Alert: Business E-mail Compromise (BCE)
Suit to enforce non-compete must be heard in California, Massachusetts Lawyers Weekly
SJC OKs Mechanism for Lenders to ‘Cure’ Defective Mortgage Acknowledgments, Massachusetts Lawyers Weekly
Attorneys predict top Massachusetts legal news of 2016 | Massachusetts Lawyers Weekly, Massachusetts Lawyers Weekly
First Circuit To Seek SJC Help On Bankruptcy Trustee “Loophole” To Avoid Mortgages, Banker & Tradesman
Client Alert: First Circuit Court of Appeals Expected to Turn to Supreme Judicial Court for Help in Resolving Bankruptcy Code-Related Mortgage Enforcement Dispute
Study Says Fathers Involved at Home are Happier at Work, Boston Globe
First Circuit Adopts Fraudulent Joinder Doctrine for Removal to Federal Court
Deutsche Bank National Association, trustee, vs. First American Title Insurance Company
Indemnity vs. Acceleration: The Importance of Post-Termination Clauses in Leases
GMAC Mortgage, LLC vs. First American Title Insurance Company
New SJC Decision Eliminates Common Borrower Challenge To Foreclosure
Life After Eaton, Massachusetts Lawyers Weekly
2011 Risk Management Conference
Where Is The Money, New England Real Estate Journal
Court Decisions May Affect Cottage Colony Summer Plans, New England Real Estate Journal