Joshua D. Rogaczewski is a partner in the law firm of McDermott Will & Emery and is based in the Firm’s Washington, D.C., office.

Joshua’s extensive civil litigation experience includes:

• Defending an international farm and construction equipment manufacturer from class actions by unionized retirees seeking vested, lifetime, fully-paid retiree health care benefits.  In addition to developing substantive experience with federal labor law and its connection with federal benefits law, Joshua played a leading role in the discovery process (including expert discovery), preparation of dispositive motions, trial and successful appellate submissions.
• Nationwide enforcement of the trademarks of a national membership organization.  Joshua has negotiated resolutions with infringers and litigated against them when necessary.
• Defending an eye care company against non-competitor’s claim of “false patent marking.”  In addition to developing substantive experience with the false patent marking statute and the use of it by non-competitors, Joshua played a leading role in discovery and assisted in the non-jury trial, which resulted in judgment for the client.
• Multiple arbitrations (domestic and international), third-party discovery representations and other commercial disputes.

Joshua also has significant experience advising insurance company clients (including captive insurers) on insurance coverage matters, regulatory issues and other strategic matters.

In addition, Joshua has experience assisting clients with conducting internal investigations and responding to congressional and administrative investigations.

Joshua is a member of the Firm’s Professional Responsibility and Associate Development Committees.

While in law school, Joshua was a lead articles editor for the Tax Lawyer, a member of the moot court team and a legal writing fellow in the first-year legal research and writing program.  During his third year at Georgetown, he participated in the Appellate Litigation Clinic.  Throughout the year, he represented a federal prisoner seeking relief under 28 U.S.C. § 2255 (2000).  His representation involved the production of merits briefs and presentation of oral argument before the U.S. Court of Appeals for the Fourth Circuit.  See United States v. Pleasants, 71 F. App’x 182, 186 (4th Cir. 2003) (granting federal prisoner certificate of appealability but affirming district court’s denial of relief under section 2255).

Joshua is admitted to practice in Virginia and the District of Columbia, as well as the U.S. District Courts for the District of Columbia, Eastern District of Michigan, Western District of Michigan, Eastern District of Virginia and Eastern District of Wisconsin.

Practices & Industries

• Appellate
• Class Action
• Insurance Disputes
• Professional Responsibility
• Trial

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