Joshua David Rogaczewski is a partner in the law firm of McDermott Will & Emery LLP and based in McDermott’s Washington, D.C., office. Joshua focuses his practice on complex civil litigation, insurance advice, and Virginia state-court litigation. He has co-authored several articles, including “6th Circ.’s New Approach On Retiree Health Benefits,” Law360 (Jan. 29, 2013), and “Does the policy fit the crime? Recent Bernard Madoff-related coverage disputes place crime insurance in the spotlight and purchasers of crime insurance should consider the coverage afforded by their policies,” Risk & Insurance (Nov. 4, 2009).
Representative Experience
Complex Civil Litigation
Joshua has defended several farm-, construction-, and automotive-equipment manufacturers in class-action litigation by unionized retirees seeking to prevent changes to health-care benefits the retirees allege to be vested.
He has defended a foreign consumer-electronics manufacturer from attempts to exclude their products from the American marketplace for allegedly infringing the intellectual property of domestic patent holders.
Joshua has represented a local civil-rights organization in its attempts to bring a local government program reasonably accessible to persons with disabilities in accordance with title II of the American Disabilities Act of 1990.
Insurance Advice
He has provided advice to a special-purpose captive-insurance company regarding claims handling, insurance coverage, and procurement.
Joshua also provides advice to many of the firm’s corporate clients regarding directors-and-officers insurance issues, including coverage and reporting obligations.
Virginia State-Court Practice
He has defended several clients that have been haled into Virginia state court (an were unable to remove) against claims of breach of contract, fraud, and other statutory unfair-trade-practices violations.
Joshua has also represented clients that have been required to invoke the jurisdiction of Virginia state courts because of contractual provisions or the unavailability of a federal forum.
Joshua is a member of the bars of the District of Columbia and the Commonwealth of Virginia. In addition, he is admitted to practice before the United States Courts of Appeals for the Sixth and Seventh Circuits and the United States District Courts for the District of Columbia, Eastern District of Michigan, Western District of Michigan, Eastern District of Virginia, and Eastern District of Wisconsin. He is an inaugural member of the D.C. Bar Foundation’s Young Lawyers Network.
During law school, Joshua served as a lead articles editor for The Tax Lawyer. In addition to the articles identified above, Joshua’s publications include “Federal Arbitration Act’s protection of arbitral awards from review for ‘manifest disregard of the law’ ” (Mar. 18, 2009). He was also a member of the Appellate Litigation Clinic and a Legal Writing Fellow.
