Overview
Jennifer (Jenn) Routh is a trial lawyer who leads high-stakes, complex civil litigation, including matters involving billions of dollars of exposure. She has secured numerous jury verdicts and bench trial wins across a range of disputes, including trade secrets, breach of contract, fraud, breach of fiduciary duty, products liability, negligence, and unfair competition. She won the first jury verdict obtained by any litigant under the Defend Trade Secrets Act, the federal trade secret statute. She is the Partner in Charge of the firm’s Washington, DC, litigation practice.
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.
Results
- Trial counsel in contested bench trial involving sensitive personal rights; won all requested relief (DC Superior Court (2023))
- Trial counsel for the plaintiff, leading provider of de-identified electronic health records (Real World Data), in breach of contract action; won jury verdict for breach of contract and prevailed in post-trial injunction proceeding. (US District Court for the District of Massachusetts (2022))
- Trial counsel for the defendants, a family trust and related business entities, in fraud and breach of contract action; won complete defense verdict following two-week jury trial. (Virginia Circuit Court for Arlington County (2021))
- 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))
Recognitions
- The Best Lawyers: Ones to Watch in America, Commercial Litigation, 2023 to 2024
- Benchmark Litigation 2020 to 2022, “40 and Under Hot List”
- Super Lawyers, Rising Star, 2019 to 2022
- Emerging Women Leaders in Law, 2019
Community
- American Bar Association Section of Litigation, Health Law Litigation and Trial Evidence Committees, former chair
- False Claims Act litigation, and healthcare enforcement matters, frequent speaker
Credentials
Education
University of South Carolina School of Law, JD, magna cum laude, Order of the Coif, 2013
Franciscan University of Steubenville, BA, 2005
Admissions
District of Columbia
North Carolina
South Carolina
Virginia
Courts / Agencies
US District Court for the District of Columbia
US District Court for the Eastern District of Virginia
US District Court for the Western District of Virginia
US District Court for the District of South Carolina
US District Court for the Eastern District of North Carolina
US District Court for the Middle District of North Carolina
US District Court for the Western District of North Carolina
US District Court for the District of Maryland
US Court of Federal Claims
