Emily Kowey Roth

Associate

  • Emily Kowey Roth
  • Phone: +1 215 979 1881
    Fax: +1 215 827 5479

    Import to Address Book

  • Duane Morris LLP
    30 South 17th Street
    Philadelphia, PA 19103-4196
    USA

Emily Kowey Roth is a trial attorney who represents clients nationally in complex commercial disputes in a variety of matters, including contract disputes and business torts—with an emphasis on non-compete and trade secret litigation.

Ms. Roth also defends clients against class actions, particularly those premised on alleged violations of state and federal consumer protection laws, and counsels clients on an array of related pre-litigation and regulatory compliance matters.

Ms. Roth is a member of the Duane Morris Non-Compete and Trade Secrets Practice and the firm's Commercial and Antitrust and Consumer Products/Services Groups.

Prior to joining Duane Morris, Ms. Roth was an associate at an AmLaw100 firm. Ms. Roth also interned with a Judge of the Court of Common Pleas of Montgomery County. Ms. Roth is a 2015 cum laude graduate of Temple University Beasley School of Law, where she was executive editor of the Temple Political & Civil Rights Law Review, and is a graduate, with distinction, of Pennsylvania State University, Schreyer Honors College.

Areas of Practice

  • Injunctions (prosecution and defense)
    • Temporary restraining orders
    • Preliminary injunctions
    • Permanent injunctions
  • Restrictive covenants
  • Non-competition agreements
  • Non-solicitation agreements
  • Confidentiality and non-disclosure agreements
  • Business tort and statutory claims such as:
    • Trade secrets, Uniform Trade Secrets Act, and Defend Trade Secrets Act
    • Unfair competition Tortious interference
    • Breach of fiduciary duty
    • Duty of loyalty
    • Fraud
  • Complex commercial and business disputes
  • Employment-related disputes
  • Declaratory judgment actions
  • Product supply agreements
  • Insurance coverage disputes and related regulatory compliance issues
  • Class actions, particularly consumer fraud actions and/or violations of state or federal consumer protection statutes

Representative Matters

    Non-Compete and Trade Secret Matters

  • Represent leading food services provider in connection with federal trade secret and non-compete litigation.
  • Represented global distributor of food ingredients in emergency injunction proceedings involving non-compete and confidentiality agreements; obtained stipulated order granting full relief requested.

  • Represented human resources services provider in preliminary injunction proceedings involving non-solicitation and confidentiality agreements; obtained judgment granting preliminary injunctive relief.
  • Advise client in healthcare services industry on pre-litigation matters involving trade secret and non-compete issues.
  • Represented retail-design client in trade secret litigation; obtained ruling granting client full relief requested and all attorneys’ fees for claims brought under the Pennsylvania Uniform Trade Secrets Act.
  • Class Actions and Regulatory Compliance Matters

  • Represented juice company in purported class action alleging violations of various California consumer protection laws; obtained dismissal of purported class action with prejudice.
  • Represented a seller of dietary-supplements with respect to purported violations of New York consumer protection laws; resolved matter on terms client found favorable.
  • Advise a leading manufacturer on federal regulatory compliance issues related to beverage labeling.
  • Advise a seller of dietary supplements on federal regulatory compliance issues related to labeling.

  • Commercial and Insurance Litigation

  • Represent product supplier in federal litigation involving breach of contract and fraud claims.
  • Represent client in matter involving breach of real estate lease; obtained injunctive relief on client’s behalf.
  • Represented insurer in a variety of declaratory judgment actions across the country involving bad faith/duty to defend claims in state and federal courts across the country; obtained dismissals with prejudice on behalf of client.
  • Advised client in insurance industry on compliance issues affecting thousands of policies relating to statutory requirements for mandatory coverage.

Admissions

  • Pennsylvania
  • New Jersey
  • U.S. District Court for the Eastern District of Pennsylvania
  • U.S. District Court for the Western District of Pennsylvania
  • U.S. District Court for the District of New Jersey

Education

  • Temple University Beasley School of Law, J.D., cum laude, 2015
    - Executive Editor, Temple Political & Civil Rights Law Review
    - Certificate in Trial Advocacy
    - Fellow, Rubin Public Interest Honor Society
    - Teacher’s Assistant, Legal Research & Writing Program
  • The Pennsylvania State University, Schreyer Honors College, B.A., with distinction, 2012
    -Phi Beta Kappa

Experience

  • Duane Morris LLP
    - Associate, 2019-present

  • Fox Rothschild LLP
    - Associate, 2015-2019

Honors and Awards

  • Named to Best Lawyers "Ones to Watch," 2021 and 2022

Board Memberships

  • Pennsylvania State University Schreyer Scholar Alumni Society
    - Board of Directors, 2018 – 2024
    - Executive Committee, Alumni and Student Engagement Chair, 2019 – 2021

Selected Publications

Selected Speaking Engagements

  • CLE Presenter, "Arbitration and Class Action Waiver Clauses in Consumer Contracts," Trial Practice Group CLE Program, September 20, 2019
  • CLE Presenter, Evolving Ethical Considerations in E-Discovery, April 2019

  • Panelist, Schreyer Honors College CONNECT Seminar, March 2019, 2020, 2021