Kenneth L. Racowski

Associate

Complex Commercial Litigation:

• Represented international insurance leader in dispute in Pennsylvania trial and appellate courts involving $200 million claim seeking excess insurance coverage for settlement of multidistrict litigation (MDL) action involving fraud in the managed care industry.
• Obtained international arbitration award for artificial turf company against a Canadian, former business partner turned competitor following three-day arbitration hearing. 
• Obtained dismissal for online discount brokerage of consumer fraud action seeking injunctive and declaratory relief. 
• Obtained dismissal for Fortune 200 retail company of putative class action relating to its return policy. 
• Successfully defended investment bank in securities fraud litigation and mediation relating to its prime brokerage services. 
• Successfully represented Fortune 200 cereal and convenience food company in insurance recovery action where loss was caused by an independent contractor. 
• Represented Japanese manufacturer of clothing fasteners in MDL action alleging a worldwide conspiracy among fastener manufacturers to violate the antitrust laws by fixing prices and allocating customers and markets for fasteners.
• Represented international derivatives exchange in action alleging that certain competing exchanges conspired in violation of the Sherman Act to monopolize U.S. Treasury markets. 
• Successfully defended Southeastern Pennsylvania’s largest healthcare insurer against action alleging that it used anticompetitive tactics to amass and secure monopoly and monopsony power in the sale of health benefits and in the purchase of hospital services.

Pharmaceutical/Medical Device:

• Served as national coordinating counsel for litigation and regulatory issues concerning a major medical device manufacturer’s excimer laser system for LASIK eye surgery.
• Successfully defended specialty pharmaceutical company in an action seeking a temporary restraining order, preliminary and permanent injunctive relief, and more than $150 million in damages for breach of supply and license agreements involving a heavily regulated drug made from a DEA-controlled substance and subject to manufacturing quota. 
• Represented major pharmaceutical company in third-party payor litigation brought by state Attorneys General, pension funds, and private insurers, including grant of motion to dismiss putative class action. 
• Represented Fortune 100 pharmaceutical company in a qui tam action involving allegations of False Claims Act violations. 
• Successfully represented German transdermal pharmaceutical manufacturer against business fraud action alleging breach of product development and supply agreements, misappropriation of trade secrets, and unfair competition. 
• Successfully defended major pharmaceutical company against antitrust counterclaims brought in a patent infringement action pursuant to the Hatch-Waxman Act against filer of Abbreviated New Drug Application (ANDA).

Technology/Software:

• Represented Fortune 25 computer manufacturer in putative class actions asserting warranty, deceptive trade practices, and other claims, including successful defense of claim involving floppy disk controllers with a demand of $2.4 billion and successful defense of claim involving laser printer cartridges.
• Represented Korean liquid crystal display (LCD) manufacturer in patent infringement action that resulted in $53.5 million jury verdict, including enhanced damages and grant of injunction. 
• Successfully defended financial software company in an action alleging misappropriation of trade secrets and seeking a preliminary injunction that threatened to stall development and launch of global wealth management software. 
• Successfully prosecuted international arbitration claim against Japanese mobile device company that sought royalties for infringement of patents relating to image compression technology. 
• Represented peer-to-peer security software company in legal malpractice action against former law firm for missing international patent filing deadlines and defended against counterclaims challenging validity of domestic patents. 
• Successfully defended privately held chemical instrumentation company against claim by business competitor that challenged inventorship of patents for near-infrared (NIR) chemical imaging system.

Pro Bono:

• Successfully represented an artist, referred by Philadelphia Volunteer Lawyers for the Arts, in an action under the Visual Artist Rights Act (VARA), a rarely used section of the U.S. Copyright Law, against a college that had destroyed a sculpture donated by the artist which memorialized individuals that had died of AIDS.
• Obtained political asylum for a Colombian congressional aid and political organizer persecuted by paramilitary group (FARC). Won appeal before the Board of Immigration Appeals granting new trial to Colombian medical doctor persecuted by FARC. Mr. Racowski has also handled several other asylum matters referred by HIAS and Council of Philadelphia. 
• Successfully represented inmate in action, under 42 U.S.C. § 1983, protecting inmate’s First Amendment rights relating to inmate-to-inmate legal assistance within Pennsylvania prisons.