Rosemary McKenna

Biography

Rosemary McKenna concentrates her practice in labor and employment litigation and counseling, as well as commercial litigation. She provides legal counsel to clients on a wide range of business issues arising in employment disputes and complex corporate and commercial litigation in state and federal courts throughout the country, including:

  • litigation on behalf of employers involving discrimination, harassment, retaliation, ADEA, ADA, FMLA, wage claims, and restrictive covenants in federal and state courts, and administrative agencies when applicable
  • disputes involving misappropriation and protection of trade secrets and intellectual property, enforcement and defense of non-competition and non-solicitation agreements, breach of duty of loyalty/fiduciary duty, unfair competition and corporate raiding, including time-sensitive injunction proceedings
  • counseling on employment policies and practices
  • executive employment agreements, restrictive covenants, and protection of corporate assets, including the protection of competitively valuable information, employee work product, and human capital and related investments in employee training and research and development
  • separation agreements
  • commercial business and contract disputes
  • intellectual property, software, and technology

Rosemary also has significant experience in managing electronic discovery and forensic analysis of electronic evidence.

While in law school, Rosemary served as Research Editor of the Temple Law Review and was a Teaching Assistant in the Temple University Beasley School of Law’s Legal Research and Writing Program. She also served as a judicial intern to the Honorable Gene E.K. Pratter, United States District Judge for the Eastern District of Pennsylvania, as well as the Honorable Sandra Mazer Moss of the Court of Common Pleas of Philadelphia County.

Rosemary handles pro bono cases each year on behalf of indigent clients, including cases with the SeniorLAW Center. She was recognized by Blank Rome with its Pro Bono Hero award, and has been named to the First Judicial District of Pennsylvania’s Pro Bono Roll of Honor in 2010, 2011, and 2013–2017 for her work on behalf of indigent clients. The Court of Common Pleas of Philadelphia County awarded Rosemary the First Judicial District’s Distinguished Pro Bono Award for her representation of a World War II veteran who was defrauded by a con man and rendered homeless.

Rosemary serves on the Firm’s Recruitment and Retention Committee and co-chaired the Summer Associate Program in 2013 and 2016.

Outside the Firm

Rosemary is a member of the Raven Society, a group of young supporters of the Free Library of Philadelphia. She is also active in her local community and is a member of the Fishtown Neighborhood Association as well as the Fishtown Beer Runners Club.

Experience

  • Representation of global medical device company in prosecuting multiple matters involving FDA-regulated medical devices, corporate raiding, trade secrets, restrictive covenants, unfair competition, anticompetitive conduct, fraud, false advertising under the Lanham Act, and antitrust, including appellate litigation.
  • Nationwide enforcement of non-compete agreements against former employees of national clients.
  • Successfully defending medical device companies against claims of employee raiding, unfair competition and tortious interference in state and federal courts.
  • Prosecution and defense of claims involving disputes concerning the validity of royalty payments made by pharmaceutical companies in connection with use of patented technology in formulations of pharmaceutical drugs. 
  • Successfully defending manufacturer of prosthetic knee replacements in numerous cases alleging negligent design.
  • Representation of trustee of an Internal Revenue Code §468B Qualified Settlement Funds in a lawsuit involving the allocation of the settlement amounts between the various Multi-District Litigation plaintiffs and their attorneys; successfully obtained indemnification by Pennsylvania federal court for amounts paid as a result of MDL plaintiffs’ attorneys conduct.
  • Defense of professional private practice of physical, occupational, and speech therapists against claims brought by two of its former executives.
  • Successful representation of a Philadelphia apartment complex in connection with claims by the Water Revenue Bureau for unpaid water bills.
  • Defense of provider of specialty medical devices involving claims against former employees for race and national origin discrimination, and defamation/libel.
  • Representation of pediatric healthcare facility and primary care provider in defense of claims for gender discrimination asserted by applicants for employment.  
  • Representation of minority shareholders in technology company for breach of fiduciary duty/minority oppression, breach of contract, fraud, violation of Pennsylvania securities laws, conversion, unjust enrichment, and conspiracy in connection with company reorganization and amendment of operating agreement.
  • Representation of pro bono client and World War II veteran in civil litigation and corresponding criminal case involving claims for fraud, misrepresentation, conspiracy and other tortious conduct by convicted felon and real estate agency.
  • Defeated $170 million software trade secrets lawsuit, and obtained permanent injunction securing client’s intellectual property rights, followed by contempt order for violations of injunction. Action was litigated in three courts, including Pennsylvania state and federal, and California federal court.
  • Secured $50,000 arbitration award for a pro bono client in a real estate dispute involving fraud and other tortious conduct by the real estate agent.

Affiliations

Professional Activities
  • Philadelphia Bar Association
  • Temple University Beasley School of Law Alumni Association
  • University of Pennsylvania Alumni Association

Credentials

Admissions

  • Pennsylvania
  • New Jersey
  • United States Court of Appeals for the Third Circuit
  • U.S. District Court - Eastern District of Pennsylvania
  • U.S. District Court - New Jersey
  • United States Court of International Trade

Education

  • University of Pennsylvania, BA, with honors
  • Temple University Beasley School of Law, JD