Jennifer B. Routh

Jenn represents clients in state and federal courts nationwide, with a particular focus on False Claims Act litigation. Her practice includes qui tam and enforcement actions, including those involving managed care (Medicare Part D and Medicare Advantage), and she represents pharmaceutical companies, payors, and providers in high-stakes healthcare disputes. She also handles disputes for private equity-backed companies, including ownership and control disputes.

Beyond the healthcare space, Jenn represents clients in high-profile, bet-the-company litigation involving novel and highly contested liability issues and significant reputational risk.

Jenn is actively engaged in pro bono representations. She previously clerked for the Honorable Thomas F. Hogan of the US District Court for the District of Columbia.

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• Trial counsel for the defendants, major health system and named fiduciaries, in an ERISA class action; obtained rulings denying all injunctive relief and 97% of damages sought (US District Court for the District of Colorado (2020))
• Trial counsel for the plaintiff, the U.S. Conference of Mayors, in a breach of contract action; prevailed on all claims, obtaining a multi-million dollar verdict for the plaintiff and won award of attorneys’ fees. (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. (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))

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