Kenneth Racowski focuses his practice on the resolution of complex business disputes. He has litigated and advised clients in a diverse range of cases in federal and state courts and alternative dispute forums. Ken has handled all aspects of contract, business fraud, class action, intellectual property, mergers and acquisitions, competition, securities and banking, insurance, pharmaceutical and medical device and product liability litigation from inception through resolution, including significant first- and second-chair trial experience and post-trial appeals.
While Ken has worked across a broad range of industries, much of his practice has focused on businesses in the life sciences, technology and financial services industries. Prior to joining Buchanan, Ken spent nearly nine years at an Am Law top 15 global law firm handling bet-the-company litigation for Fortune 500 clients.
Drawing on that experience, Ken aims to provide clients with outstanding legal representation and achieve the best possible business result in an efficient and cost-effective way. He is committed to the highest level of client service and responsiveness. Clients appreciate his aggressive style, meticulous preparation and practical approach to resolving disputes of all sizes.
Ken is a pragmatic litigator with a well-established record of representing clients in the courtroom. He is adept at handling delicate negotiations among firmly entrenched parties. He provides innovative and timely strategic counsel to help his clients make informed decisions, resolve complex legal challenges and achieve specific business goals.
His class action practice has included the representation of pharmaceutical, financial services and consumer product companies in class actions throughout the nation. He has defended class action claims by obtaining dismissal, defeating class certification and obtaining favorable pre-trial settlement.
Ken also has experience representing manufacturers of pharmaceuticals and medical devices in a broad range of actions. He has served as national coordinating counsel for litigation and regulatory issues concerning a major medical device manufacturer’s excimer laser system for LASIK eye surgery. He has also handled several cases involving various issues stemming from disputes between brand and generic drug manufacturers, and he advises clients regarding regulatory and compliance matters.
Involved in numerous cases in the financial services industry, Ken has represented investment banks, mortgage lenders, broker-dealers, insurance companies, exchanges, clearing firms and other industry professionals in federal and state courts and various arbitration venues.
Ken also has experience in patent litigation. He has handled cases involving issues of infringement, invalidity, inequitable conduct and inventor-ship. He has also litigated intellectual property matters involving copyright, trademark, trade dress and trade secrets.
Additionally, Ken has litigated numerous e-discovery issues, including spoliation and sanctions motions as well as the discoverability of metadata and deleted electronically stored information (ESI). He also counsels clients on the retention and production of ESI, including drafting legal holds, designing retention policies and crafting defensible, yet cost-effective, preservation and collection strategies.
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