Holland & Knight LLPAttorney

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About Kenneth L. Racowski

Kenneth L. Racowski is a lawyer practicing life sciences & biotechnology, antitrust & trade law, commercial & business litigation and 8 other areas of law. Kenneth received a B.A. degree from Villanova University in 1999, and has been licensed for 24 years. Kenneth practices at Holland & Knight LLP in Philadelphia, PA.

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Services

Areas of Law

  • Intellectual Property
  • Alternative Dispute Resolution
  • Other 9
    • Life Sciences & Biotechnology
    • Antitrust & Trade Law
    • Commercial & Business Litigation
    • Class Action Defense
    • Pharmaceuticals & Medical Devices
    • Financial Institutions
    • Product Liability
    • e-Discovery
    • Appellate

Practice Details

  • Firm Information
    Position
    Attorney
    Firm Name
    Holland & Knight LLP
  • Representative Cases & Transactions
    Cases
    Representative Matters: Commercial Litigation: Represented Japanese manufacturer of clothing fasteners in multidistrict litigation action alleging a worldwide conspiracy among fastener manufacturers to violate the antitrust laws by fixing prices
    allocating customers
    markets for fasteners.
    Represented peer-to-peer security software company in legal malpractice action against former law firm for missing international patent filing deadlines
    defended against counterclaims challenging validity of domestic patents.
    Successfully represented German transdermal pharmaceutical manufacturer against business fraud action alleging breach of product development
    supply agreements, misappropriation of trade secrets
    unfair competition.
    Obtained international arbitration award (ICDR) for artificial turf company against a Canadian former business partner turned competitor following three-day arbitration hearing.
    Class Action Defense: Represented Fortune 25 computer manufacturer in putative class actions asserting warranty, deceptive trade practices
    other claims, including successful defense of a claim involving floppy disk controllers with a dem
    of $2.4 billion
    successful defense of claim involving laser printer cartridges.
    Obtained dismissal for trustee of residential mortgage-backed securitization (RMBS) trusts of putative class action involving disputed mortgage foreclosure fees
    costs.
    Represented major pharmaceutical company in third-party payor litigation brought by state attorneys general, pension funds
    private insurers, including grant of motion to dismiss putative class action.
    Obtained dismissal for Fortune 200 retail company of putative class action relating to its return policy.
    Pharmaceuticals, Medical Devices & Product Liability: Served as national coordinating counsel for litigation
    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
    permanent injunctive relief,
    more than $150 million in damages for breach of supply
    license agreements involving a heavily regulated drug made from a DEA-controlled substance
    subject to manufacturing quota.
    Represented Fortune 100 pharmaceutical company in a qui tam action involving allegations of False Claims Act violations.
    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).
    Financial Institutions: Obtained dismissal for online discount brokerage of consumer fraud action seeking injunctive
    declaratory relief.
    Successfully defended investment bank in securities fraud litigation
    mediation relating to its prime brokerage services.
    Successfully defended financial software company in an action alleging misappropriation of trade secrets
    seeking a preliminary injunction that threatened to stall development
    launch of global wealth management software.
    Represented international derivatives exchange in action alleging that certain competing exchanges conspired in violation of the Sherman Act to monopolize U.S. Treasury markets.
    Intellectual Property: Represented Korean liquid crystal display (LCD) manufacturer in patent infringement action that resulted in $53.5 million jury verdict, including enhanced damages
    grant of injunction.
    Successfully defended privately held chemical instrumentation company against claim by business competitor that challenged inventor-ship of patents for near-infrared (NIR) chemical imaging system.
    Successfully prosecuted international arbitration (ICDR) claim against Japanese mobile device company that sought royalties for infringement of patents relating to image compression technology.
    Insurance: Represented London Market in dispute in Pennsylvania trial
    appellate courts involving $200 million claim seeking excess insurance coverage for settlement of multidistrict litigation action involving fraud in the managed care industry.
    Successfully represented Fortune 200 cereal
    convenience food company in insurance recovery action where loss was caused by an independent contractor.
    Successfully defended southeastern Pennsylvania's largest health care insurer against action alleging that it used anticompetitive tactics to amass
    secure monopoly
    monopsony power in the sale of health benefits
    in the purchase of hospital services.
    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 that memorialized individuals who had died of AIDS.
    Obtained political asylum for a Colombian congressional aid
    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. Also h
    led several other asylum matters referred by HIAS
    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.

Experience

  • Bar Admission & Memberships
    Admissions
    2002, New Jersey
    2003, Pennsylvania
    U.S. Court of Appeals, Third Circuit
    U.S. District Courts, Eastern and Middle Districts of Pennsylvania
    U.S. District Court, District of New Jersey
    2003, Supreme Court of Pennsylvania
    2002, Supreme Court of New Jersey
    Memberships

    Memberships & Affiliations

    Philadelphia Bar Association, Business Litigation Committee
    American Bar Association, Litigation Section
    Public Interest Law Center of Philadelphia, board of directors

  • Education & Certifications
    Law School
    University of Pennsylvania Law School
    Class of 2002
    J.D.
    2002 University of Pennsylvania Law School Journal of International Economic Law

    University of Pennsylvania Law School
    Class of 2002
    J.D.
    editors
    Other Education
    Villanova University
    Class of 1999
    B.A.
    B.A.H.

    Villanova University
    Class of 1999
    B.A.H.
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