Jennifer Routh focuses her practice on complex civil litigation. She has achieved notable successes for her clients including significant summary dispositions and through trial to final judgment. She recently tried three cases in the span of twelve months, all of which resulted in victories for her clients. One of those cases resulted in the first jury verdict under the federal Defend Trade Secrets Act of 2016. In addition to her trial victories, Jennifer has achieved complete dismissal of cases based on motions to dismiss and motions for summary judgment. Jennifer has also briefed, argued, and won significant evidentiary motions.
She has experience in a broad range of litigation matters in state and federal courts around the country, including:
Trade secret misappropriation, trademark infringement and counterfeiting
Sports-related concussion litigation
Challenges to government action related to the Affordable Care Act, Medicare reimbursement, American Recovery and Reinvestment Act of 2009, and other areas
False Claims Act litigation
Law firm defense
Employment discrimination litigation under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act
Jennifer has significant experience with government enforcement matters involving the US Securities and Exchange Commission, the US Department of Health and Human Services, and the Federal Election Commission. She also maintains an active pro bono practice litigating cases under the Hague Convention on the Civil Aspects of International Child Abduction and focusing on enforcement of children’s rights under the Individuals with Disabilities Education Act.
Jennifer is the co-editor of the book Daubert v. Frye: Admissibility of Expert Testimony
, published by the American Bar Association’s First Chair Press. Previously, Jennifer served as a law clerk to the Honorable Thomas F. Hogan of the US District Court for the District of Columbia. During law school, Jennifer was the Fourth Circuit Editor for the South Carolina Law Review. She also served as a Legal Writing fellow, teaching in the school’s Legal Research and Writing Program.
Jennifer is involved in the American Bar Association Section of Litigation and was selected for the Section of Litigation’s 2017-2019 Young Lawyer Leadership Program (YLLP) as one of only four lawyers from a national pool for this competitive and prestigious honor.
Trial counsel for the plaintiff, the U.S. Conference of Mayors, in a breach of contract action; obtained a multi-million dollar verdict for the plaintiff. Jennifer examined several key witnesses at trial including the plaintiff’s expert witness and cross-examination of one of Defendant’s executives. (US District Court for the District of Columbia (2018))
Trial counsel for the defendant, the leading maker of office headsets, in a Sherman 1, Sherman 2, and Clayton Act antitrust action between direct competitors; McDermott was brought in to try the case shortly before trial and, despite an adverse inference instruction on spoliation that was ordered prior to the Firm’s involvement, the jury deliberated for an hour before returning a complete defense verdict (US District Court for the District of Delaware (2017))
Trial counsel for the plaintiff, the market leader in specialty fig jam products, in a trade secret misappropriation, trademark infringement, counterfeiting, and conversion action; obtained a multi-million dollar verdict for the plaintiff. This was the first jury verdict under the federal Defend Trade Secrets Act of 2016. Jennifer led the damages case, examining the damages expert at trial. (US District Court for the Eastern District of Pennsylvania (2017))
Trial counsel for the plaintiff, following the first day of a bench trial, obtained a settlement on very favorable terms (US District Court for the Eastern District of Virginia (2016))
Trial counsel for the defendant, a leading pharmaceutical company, obtained a complete defense verdict in failure-to-warn case (US District Court for the Eastern District of North Carolina (2014))
Courts / Agencies
US District Court for the District of Columbia
US District Court for the District of South Carolina
US District Court for the Eastern District of North Carolina
US Court of Federal Claims
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