Overview
Jennifer B. Routh focuses her practice on trials and complex civil litigation. She has won numerous jury verdicts and bench trials involving breach of contract, trade secret misappropriation, fraud, breach of fiduciary duty, products liability, and unfair competition. Jennifer won the first jury verdict obtained by any litigant under the Defend Trade Secrets Act, the federal trade secret statute.
Jennifer litigates matters in state and federal courts around the country and has particular experience in False Claims Act litigation and other disputes for clients in the healthcare industry. She serves as Chair of the American Bar Association Section of Litigation Health Law Litigation Committee.
She also maintains an active pro bono practice litigating cases under the Hague Convention on the Civil Aspects of International Child Abduction and serving as a Guardian ad litem for children involved in litigation in the District of Columbia.
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.
Results
- 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 Committee Chair
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 District of South Carolina
US District Court for the Eastern, Middle, and Western Districts of North Carolina
US Court of Federal Claims
