Gretchen L. Jankowski is a shareholder with Buchanan Ingersoll & Rooney PC and a member of several practice groups including the Commercial Litigation, Trade Secret and Restrictive Covenant, Technology and Franchise and Distribution Groups. Gretchen has served as both lead and associate trial counsel, in jury and bench trials, representing many corporations and partnerships, including employers and franchisors, in state and federal courts across the country. She has litigated cases on behalf of both publicly traded and privately held companies in the metals, energy and natural resources, technology, industrial sales, health care, telecommunications, settlement services and financial institutions industries. In the franchise arena, she has represented a wide variety of franchisors including major food chains, candy retailers, athletic/sporting good retailers, dry cleaners and real estate agencies. Her experience also extends to restrictive covenant, trade secret, trademark infringement and shareholder disputes, as well as commercial arbitrations and mediations. Gretchen's notable engagements include: Successfully negotiating a favorable settlement in a commercial contract lawsuit brought by energy management company against metals manufacturer (federal court - Missouri). Obtaining a consented to extension of an expired covenant not to compete on behalf of a pharmacy benefit management company (federal court - Pennsylvania). Obtaining dismissal of a purported class action against a settlement services company in connection with alleged violations of the Real Estate Settlement Procedures Act (federal court - Alabama). Obtaining dismissal of a purported class action against a settlement services company for the alleged unauthorized practice of law (federal court - South Carolina). Obtaining a preliminary and permanent injunction and consent decree on behalf of an industrial supplier against a former employee who was violating his covenant not to compete (federal court - North Carolina). Successfully taking over the defense and negotiating a favorable settlement on behalf of an Internet service company against whom a preliminary injunction was issued for alleged misappropriation of a competitor's trade secrets (state court - Pennsylvania). Successfully negotiating a favorable settlement in a securities lawsuit brought against a national consolidator of HVAC businesses (federal court - Pennsylvania). Successfully defending a preliminary injunction brought against a major metals manufacturer in an effort to undo a short-form merger (state court - Ohio). Obtaining a preliminary and permanent injunction and consent decree on behalf of an athletic and sporting good franchisor against a terminated franchisee for trademark and copyright infringement and violation of a covenant not to compete (federal court - Wyoming). Obtaining a preliminary injunction on behalf of a coal sales agent seeking to enforce a long-term coal sales agency agreement with a coal mining company (state court - Pennsylvania). Successfully defending a preliminary injunction action brought against a major financial institution's new employee in an effort to prohibit him from working for the new employer under the inevitable disclosure of trade secrets doctrine (federal court - Illinois). Obtaining a jury verdict award of over $2.3 million in a complex six-week trial for a medical device manufacturer alleging misappropriation of plaintiff's trade secrets in connection with its efforts to develop and market the world's first wearable defibrillator. The multimillion-dollar award included punitive damages against both the individual and corporate defendants (state court - Pennsylvania). Doe v. Upper St. Clair School District, 2008 U.S. Dist. LEXIS 90649 (W.D. Pa. Nov. 9, 2008), obtaining dismissal of all constitutional claims against non-profit's employee. Dry Cleaning To-Your-Door, Inc. v. Waltham Limited Liability Co., 2007 WL 4557832 (D. Colo. Dec. 20, 2007), obtaining a preliminary and consented-to permanent injunction on behalf of a franchisor against terminated franchisees that were violating their covenant not to compete. Dry Cleaning To-Your-Door, Inc. v. Waltham Limited Liability Co., 2007 WL 3232599 (D. Colo. Oct. 30, 2007), defeating motion to dismiss to complaint, wherein plaintiff unsuccessfully argued that successor franchisor could not enforce non-compete agreement. Miron v. Sloan, Bus. Franchise Guide (CCH) 13,101 (S.D. Tex. May 13, 2005), obtaining dismissal based on arbitration clauses contained in plaintiffs' franchise agreements. Barnes Group Inc. v. Rinehart, 2001 WL 301433 (S.D. Ind. Feb. 26, 2001), obtaining a preliminary and permanent injunction and consent decree on behalf of an industrial supplier against a former employee and competitor for unlawful competition related to breaches of and tortious interference with a covenant not to compete. Complementing her litigation focus, Gretchen has written several articles in the trade secret, covenant not to compete and technology areas. In 2005, she was named as a Pennsylvania Rising Star by Philadelphia Magazine. She was also selected among the 2006 Pennsylvania "Lawyers on the Fast Track" by American Lawyer Media. Gretchen serves as secretary of the Foundation Board of Wesley Spectrum Services, a non-profit organization that services over 3,000 children and 7,000 family members in its unique school, mental health and family programs across Western Pennsylvania. Publications & Speeches Restrictive Covenants and Trade Secrets in Pennsylvania
faculty, Pennsylvania Bar Institute (Mechanicsburg)
February 6, 2009 Restrictive Covenants and Trade Secrets in Pennsylvania
faculty, Pennsylvania Bar Institute (Pittsburgh)
January 22, 2009 Restrictive Covenants and Trade Secrets in Pennsylvania
co-author, Pennsylvania Bar Institute
2009 Noncompetition Covenants: Protecting the Interests of Franchisees
October 25, 2004 Primer on Pennsylvania Trade Secret Law Following Enactment of the Uniform Trade Secrets Act
October 2004 The Inevitable Disclosure Doctrine in Pennsylvania: Prohibiting Former Employees from Working for a Competitor
November 24, 2003 Assignability of Covenants Not to Compete Under Pennsylvania and Ohio Law
October 29, 2003 Computer Malpractice Actions: Are They the Wave of the Future?
June 2001 Civic & Charitable Leadership Pittsburgh XVIII Wesley Spectrum Services, Foundation Board secretary United Way of Allegheny County, Women's Leadership Council board member (2003-2008) Affiliations Forum on Franchising, American Bar Association Allegheny County Bar Association Pennsylvania Bar Association | 
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