KENNETH A. JACOBSEN is admitted to practice before the Supreme Court of Pennsylvania, the United States Supreme Court, the United States Court of Appeals for the Second Circuit, the United States Court of Appeals for the Third Circuit, the United States Court of Appeals for the Fifth Circuit, the United States Court of Appeals for the Seventh Circuit, the United States Court of Appeals for the Ninth Circuit, the United States Court of Appeals for the Eleventh Circuit, the United States District Court for the Eastern District of Pennsylvania, the United States District Court for the Northern District of California and the United States District Court for the District of Arizona. Mr. Jacobsen is a 1979 cum laude graduate of the Villanova University School of Law, where he was the Managing Editor of the Villanova Law Review and was elected to the Order of the Coif. From 1979 to 1980, he served as the Law Clerk for a Judge of the United States District Court for the District of New Jersey. Following his clerkship, Mr. Jacobsen was an associate at a major Philadelphia law firm for three years, where he participated actively in the handling of complex commercial litigation matters, including claims arising out of the bankruptcy of O.P.M. Leasing Services, Inc. From 1984 to 1998, he was an associate, partner and then name partner in a national litigation firm with offices in Pennsylvania, Delaware, California and Florida concentrating in complex commercial and business litigation, particularly securities, antitrust, environmental, consumer and insurance cases.
In the consumer area, Mr. Jacobsen has represented the interests of policy owners of insurance companies and was successful in enjoining the proposed conversion of Provident Mutual Life Insurance Company to a mutual holding company which resulted in the distribution of $1.3 billion in stock to policy holders. Mr. Jacobsen served as lead class counsel in O’Keefe v. Mercedes Benz USA, 214 F.R.D. 266 (E.D.Pa. 2003), a national consumer class action in which $33 million in extended warranties and other benefits were obtained for owners of Mercedes vehicles. In his most recent jury trial, Mr. Jacobsen won a unanimous $4 Million verdict on behalf of automobile dealerships against their lender in Mente v. GMAC (E.D. Pa.)
Recently, Mr. Jacobsen was lead counsel in a class action against medical insurers in which settlement benefits of $75 million were obtained for 7,000 doctors in Central Pennsylvania in Grider v. Keystone Health Plan Central, Inc., Civil Action No. 01-5641 (E.D. Pa.)
Mr. Jacobsen also has been active in prosecuting suits in the antitrust field, including such cases as the Brand Name Prescription Drug Antitrust Litigation, MDL No. 997 (N.D. Ill.) in which settlements totaling more than $700 million were obtained on behalf of small, independent retail pharmacies, and the Infant Formula Antitrust Litigation (N.D. Ill.), in which tens of millions of dollars in settlements were obtained for distributors of infant formula products.
In the environmental field, Mr. Jacobsen has served as Plaintiffs’ Counsel in such cases as Cook v. Rockwell, et al., No. 90-K-181 (D. Colo.), a class action on behalf of Colorado citizens residing in the vicinity of the Rocky Flats nuclear weapons facility, whose property values were diminished as a result of releases of radioactive plutonium and other environmental contaminants from the plant, and which resulted in a $554 million jury verdict.
In the area of securities litigation, Mr. Jacobsen has played a leadership role in the prosecution of the Petro-Lewis Securities Litigation, Civil Action No. 84-C-326 (D. Colo.), in which a settlement valued in excess of $137 million was recovered on behalf of shareholders and limited partners; in the Baldwin United SPDA Litigation, MDL No. 581 (S.D.N.Y.), in which a settlement of more than $170 million in cash and other benefits was obtained on behalf of purchasers of annuities; and in several other substantial securities class actions and derivative litigation, including In re Coleco Securities Litigation, Master File No. 83 Civ. 9199 (LBS) (S.D.N.Y.) (Derivative Counsel--global settlement of $16 million obtained on behalf of security holders and corporation); and In re Petro-Lewis Broker-Dealer Litigation, Consolidated Civil Action File No. 1:85-cv-172-RLV (N.D. Ga.) (Lead Counsel--global settlement of $17 million obtained from six broker-dealers on behalf of investors in oil and gas partnerships). Drawing on his extensive experience in bank litigation, Mr. Jacobsen has served as Lead Counsel in a massive securities fraud case involving First RepublicBank, a Texas bank holding company, in which settlements totaling more than $75 million were obtained on behalf of stock and bond purchasers.
Mr. Jacobsen also was lead counsel in other national litigation matters arising out of the federal bailout of the thrift and savings and loans industry in the late 1980s and related transactions involving such financial institutions as MCorp in Texas, Security Pacific in California, Goldome and Dime Savings in New York, Trustcorp in Colorado, UJB Financial Corp. in New Jersey and other banks and lenders. Mr. Jacobsen also served as lead counsel in various state courts throughout the country, particularly Delaware Chancery Court, representing the interests of institutional and individual shareholders in both hostile and negotiated merger and acquisition transactions.
Mr. Jacobsen also has been responsible for establishing appellate precedents in the business litigation and class action areas, most notably Pinney v. Nokia, Inc., 402 F.3d 430 (4th Cir.), cert. denied sub noms Nokia, Inc. v. Naquin, 126 S.Ct. 551, Cello Partnership v. Pinney, 126 S. Ct. 552 (2005); Hayes v. Gross, 982 F.2d 104 (3d Cir. 1992); Shapiro v. UJB Financial Corp., 964 F.2d 272 (3d Cir.), cert. denied, 113 S. Ct. 365 (1992); Kirkpatrick v. J. C. Bradford & Co., 827 F.2d 718 (11th Cir. 1987), cert. denied, 485 U.S. 959 (1988); and Drain v. Covenant Life Insurance Co., 712 A.2d 273 (Pa. 1998).
Mr. Jacobsen has lectured at numerous seminars on topics involving business and class action litigation and other subjects, and is an Adjunct Professor of Law at the Temple University Beasley School of Law in Advanced Civil Procedure as part of the Law School’s Trial Advocacy Program. Mr. Jacobsen was a member of the faculty for the National Institute for Trial Advocacy (NITA) program on “Building Trial Skills” for the Mid-Atlantic Region, held in Philadelphia on November 8-13, 2010. Mr. Jacobsen was a featured Panelist at the 6th Annual Conference on Class Actions in Chicago in June 2010 presented by CLE International; the Berks County Bar Association annual retreat in Las Vegas in 2003 and continuing legal education program in Reading, PA on class action litigation; the May 2001 Mealey’s “Emerging Drug Litigation Conference” in New Orleans; the February 1998 Villanova Law School Sports and Entertainment Law Journal Fifth Annual Symposium on “Franchise Relocation;” the May 1996 ALI-ABA Course Seminar in Washington, D.C. on the "Trial of a Securities Case;" the February 1993 Practicing Law Institute Program in New York on "False Advertising and Commercial Speech--Private Consumer Actions and Remedies;" the March 1992 North American Securities Administrators Association Program in Washington, D.C. on "A Small Investor Platform for 1992: An Agenda for Congress and the White House;" and the April 1991 American Bar Association, Committee on Partnerships and Unincorporated Business Organizations, Program in Williamsburg, Virginia on "Troubled Partnerships--Some Litigation Issues." Mr. Jacobsen’s perspective and analysis, “Tort Remedies and Statutes of Limitation Under the Federal Superfund Law”, appeared in the November 11, 1998 edition of the Toxics Law Reporter, Volume 13, No. 24, pages 763-65. On March 2, 2000, Mr. Jacobsen testified before the Democratic Policy Committee of the Pennsylvania House of Representatives on the subject of insurance company demutualization. On October 23, 2000, Mr. Jacobsen participated in a discussion group with the Third Circuit Council Bench-Bar Relations Committee on practice in the Eastern District of Pennsylvania.