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Joseph J. Porcello

Associate
+1.412.355.6419
Fax +1.412.355.6501

Mr. Porcello is an experienced litigator who concentrates his practice in complex commercial litigation and insurance coverage litigation, including strategic advice to assist corporate clients in addressing the implications of litigation challenges across their businesses. He also defends corporate clients facing government investigations of alleged criminal conduct and counsels clients responding to grand jury subpoenas. As part of his practice, Mr. Porcello regularly advises clients regarding cost-effective solutions to complicated e-discovery issues.

Commercial Litigation
Mr. Porcello has significant experience in major litigation defending claims asserted under the Lanham Act, antitrust statutes, and state law relating to the marketing and sale of high technology products and mass-market consumer products. He has advised clients in the United States and abroad regarding the marketing of products and services in compliance with U.S. state and federal law. Mr. Porcello also has experience in high-stakes intellectual property litigation, including as a core member of the team that obtained a $1.17 billion verdict for a client in 2012 in a patent infringement case, which ultimately settled for $750 million. In addition, he has broad experience with contract disputes and products liability.

Mr. Porcello has developed a particular expertise in international discovery, including taking and defending depositions in Canada and Europe in compliance with relevant international treaties and related requirements imposed by local governments.

Insurance Coverage
Mr. Porcello represents corporate policyholders, both in the United States and abroad, seeking coverage for significant products liability, property damage, and business interruption losses. He also provides strategic advice regarding the management of underlying products liability claims to maximize insurance recovery.

Government Enforcement
Mr. Porcello has experience defending corporate clients against government investigations in the financial services sector, focusing on Bank Secrecy Act and AML issues. He also advises clients regarding how to appropriately and cost-effectively respond to grand jury subpoenas. In addition, Mr. Porcello has experience defending parallel commercial litigation and shareholder derivative actions in state and federal court relating to government investigations of alleged FCPA violations.

Professional Background

Prior to joining K&L Gates, Mr. Porcello served as a judicial extern for U.S. District Court Judge Alan N. Bloch of the United States District Court for the Western District of Pennsylvania.

Professional/Civic Activities

  • Past Co-President and Vice President of the Board of Directors of Chatham Baroque, an internationally recognized and critically acclaimed early music ensemble
  • Represented nuclear industry supplier in litigation involving antitrust, false advertising, and unfair competition claims relating to the sale of ultrasonic flow meters installed in nuclear power plants
  • Represents pet food manufacturer in defense of false advertising claims relating to packaging
  • Advised science education company regarding compliance with federal and state law relating to the use of product endorsements in sales and marketing
  • Provides strategic advice to a building products manufacturer facing numerous product/construction defect cases pending in New Zealand
  • Represents an industrial products manufacturer in an asbestos-related insurance coverage action pending in state court in Ohio
  • Negotiated non-litigated settlement of property/business interruption insurance coverage dispute for full value of claim plus attorney’s fees and costs
  • Represented major research university plaintiff in patent litigation involving noise predictive detection technology used in processing data stored on a hard-disk drive
  • Represented a market innovator in patent litigation involving a computer-mediated method of conducting an online auction of financial or legal instruments
  • Defends major financial institution against federal criminal investigations of Bank Secrecy Act and related AML violations
  • Represented directors of a global aluminum manufacturer in parallel state and federal court shareholder derivative litigation relating to the alleged bribery of foreign government officials in violation of the FCPA