Overview

Kenneth "Ken" Racowski is a litigation attorney in Holland & Knight's Philadelphia office.

Mr. Racowski is a first-chair trial lawyer, well regarded for his success in the defense and trial of commercial disputes throughout the United States. His most recent trials have involved antitrust issues, including a three-week trial in federal court of a competitor action alleging group boycott and information exchange claims, and an eight-week trial against Federal Trade Commission (FTC) allegations of anti-competitive conduct.

Mr. Racowski has two decades of experience representing public and private companies in class actions and other high-stakes commercial litigation. His experience spans a wide range of substantive areas, including antitrust, contract and business tort, government investigation, mergers and acquisitions (M&A), and securities and corporate governance matters.

As a trusted advisor to his clients, Mr. Racowski is regularly called upon to tackle companies' most critical legal challenges. In addition to litigation, he represents clients in response to government investigations by federal agencies and state attorneys general. Clients also seek Mr. Racowski's input on corporate compliance, internal investigations, media strategies, and negotiations with customers and suppliers. His clients include leading companies in the life sciences, technology, healthcare, finance, manufacturing, transportation and consumer products, among other industries.

Representative Experience

  • Lead trial counsel for a distributor of dental supplies and equipment in an eight-week trial against the Federal Trade Commission (FTC) on charges that client conspired with its two primary competitors to boycott so-called "buying groups" and invited another competitor to collude; won judgment on six of seven claims and resolved remaining count post-trial with no monetary penalty or independent monitor
  • Lead trial counsel for a distributor of dental supplies and equipment in a three-week trial of a competitor action alleging group boycott and information exchange claims
  • Lead trial counsel for distributor of dental supplies and equipment in competitor action alleging conspiracy to fix prices and boycott low-margin competitors
  • Lead counsel for a national rail tour operator in competitor action alleging exclusive dealing, price fixing and bid/auction rigging; won motion to dismiss
  • Successfully defended a distributor of dental supplies and equipment in nationwide putative class action, alleging a conspiracy among the leading dental supply distributors to fix prices, boycott manufacturers and others, and to allocate customers and employees via no-poaching agreements
  • Represented a Japanese manufacturer of clothing fasteners in multidistrict litigation action alleging a worldwide conspiracy among fasteners manufacturers to violate the antitrust laws by fixing prices and allocating customers and markets for fasteners
  • Successfully defended southeastern Pennsylvania's largest healthcare insurer against action alleging that it used anti-competitive tactics to amass and secure monopoly and monopsony power in the sale of health benefits and in the purchase of hospital services
  • Successfully defended a 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)

  • Obtained dismissal for a trustee of residential mortgage-backed securitization (RMBS) trusts of putative class action involving disputed mortgage foreclosure fees and costs
  • Successfully defended an automobile manufacturer in putative class action asserting warranty, deceptive trade practices and other claims
  • Represented a computer hardware manufacturer in putative class actions asserting warranty, deceptive trade practices and other claims, including successful defense of a claim involving floppy disk controllers with a demand of $2.4 billion and successful defense of claim involving laser printer cartridges
  • Represented a major pharmaceutical company in third-party payer litigation brought by state attorneys general, pension funds and private insurers, including grant of motion to dismiss putative class action
  • Represented a leading retailer of toys, clothing and baby products and obtained dismissal of putative class action relating to its return policy

  • Successfully defended a specialty pharmaceutical company in an action seeking a temporary restraining order (TRO), preliminary and permanent injunctive relief and more than $150 million in damages for breach of supply and license agreements involving a heavily regulated drug made from a U.S. Drug Enforcement Agency (DEA)-controlled substance and subject to manufacturing quota
  • Successfully represented a German transdermal pharmaceutical manufacturer against business fraud action alleging breach of product development and supply agreements, misappropriation of trade secrets and unfair competition
  • Obtained an international arbitration award from International Centre for Dispute Resolution (ICDR) for an artificial turf company against a Canadian former business partner-turned-competitor following arbitration hearing
  • Served as national coordinating counsel for litigation and regulatory issues concerning a major medical device manufacturer's excimer laser system for eye surgery
  • Represented a Korean liquid crystal display (LCD) manufacturer in patent infringement action that resulted in $53.5 million jury verdict, including enhanced damages and grant of injunction
  • Successfully defended a privately held chemical instrumentation company against claim by a business competitor that challenged inventorship of patents for near-infrared (NIR) chemical imaging system
  • Successfully prosecuted international arbitration claim against a Japanese mobile device company that sought royalties for infringement of patents relating to image compression technology
  • Represented a major pharmaceutical company in a qui tam action involving allegations of False Claims Act (FCA) violations

Credentials

Education
  • University of Pennsylvania Law School, J.D.
  • Villanova University, B.A.
  • Villanova University, B.A.H.
Bar Admissions/Licenses
  • New Jersey
  • Pennsylvania
Court Admissions
  • U.S. Supreme Court
  • U.S. Court of Appeals for the Third Circuit
  • U.S. District Court for the Eastern District of Pennsylvania
  • U.S. District Court for the Middle District of Pennsylvania
  • U.S. District Court for the Western District of Pennsylvania
  • U.S. District Court for the District of New Jersey
Memberships
  • University of Pennsylvania Law School, Alumni Board of Managers, 2013-Present
  • Law360 Competition Editorial Advisory Board, 2021
  • Public Interest Law Center of Philadelphia, Board of Directors, 2014-2020
  • Philadelphia Bar Association, Business Litigation Committee
  • American Bar Association (ABA), Litigation Section; Antitrust Law Section
  • University of Pennsylvania Law School American Inn of Court, 2010-2016
Honors & Awards
  • Chambers USA – America's Leading Business Lawyers guide, Pennsylvania Antitrust, 2021
  • The Legal Intelligencer, Lawyer on the Fast Track, Professional Excellence Awards, 2014
  • Rising Star, Pennsylvania Super Lawyers magazine, 2013-2016

Publications

Speaking Engagements

News