Rebekah ByersKcehowski (Becky)

Partner-in-Charge Pittsburgh

Pittsburgh + 1.412.394.7935

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Becky Kcehowski litigates complex commercial matters in U.S. courts and international tribunals and has 17 years of experience as trial counsel in class actions, multidistrict litigation, and cross-jurisdiction coordinated proceedings. She has defeated class certification in cases seeking hundreds of millions of dollars and successfully defended consumer, antitrust, mass tort, and economic fraud class actions, including class actions alleging violations of the Lanham Act, Fair Credit Reporting Act, Sherman Act, state and federal securities laws and consumer statutes, as well as common law products liability, toxic exposure, and contract claims. Becky has defended financial institutions in matters involving sophisticated financial instruments and worked for clients in the energy, manufacturing, technology, and health care industries. She leads all aspects of strategy and record development in opposition to class certification, from fact and expert discovery to briefing, damages, hearings, and trial, and has obtained court approval of complex class settlements.

Becky also has developed a national reputation representing policyholders in insurance recovery matters, with high-profile victories in disputes involving novel issues of law and hundreds of millions in recoveries. She has represented clients in all phases of insurance recovery, negotiating for coverage, drafting policy and transaction language, and seeking coverage in litigation.

Becky is Partner-in-Charge and head of litigation for the Pittsburgh Office. She is active in the community and coordinates the Pro Se Pro Bono ADR program for the Western District of Pennsylvania and has been honored by the court for her service. In addition, she serves on the boards of the Pittsburgh Public Theater, the United Way of Southwestern Pennsylvania, the Allegheny Conference on Community Development, and Junior Achievement.

Experience

  • UPMC obtains federal officer removal in putative digital data privacy class actionOn behalf of a University of Pittsburgh Medical Center (UPMC), Jones Day removed a digital privacy case to federal court, asserting two separate bases for federal jurisdiction.
  • Wells Fargo obtains denial of class certification in RMBS trustee litigation alleging hundreds of millions of dollars in lossesJones Day represents Wells Fargo Bank, N.A., in a putative class action alleging hundreds of millions of dollars in classwide losses to investors on notes issued by two residential mortgage backed securities (RMBS) trusts for which Wells Fargo serves as trustee.
  • Bottler defeats class certification in Lanham Act lawsuit alleging false labeling and disparagement by indirect competitorJones Day has obtained denial of class certification in a first-of-its-kind Lanham Act indirect competitor putative class action lawsuit brought against a bottler.
  • Platform compels arbitration in business-to-business putative class action alleging breach of contract and fraudJones Day obtained an order compelling arbitration in a business-to-business putative class action lawsuit brought against a services platform by its business partners, alleging the platform improperly breached its contracts and violated the Illinois consumer fraud statute.
  • Experian resolves putative class action alleging violations of Fair Credit Reporting ActJones Day successfully represented Experian Information Solutions, Inc. in a putative class action brought by a consumer in the Eastern District of New York alleging that Experian and other credit reporting agencies generated false credit reports regarding charged-off accounts.
  • UPMC resolves consumer class action alleging conspiracy to foreclose competitionJones Day defended the University of Pittsburgh Medical Center (UPMC) against an antitrust consumer class action in which plaintiffs assert that UPMC and Highmark Inc. conspired to foreclose competition.
  • Midwest Generation obtains dismissal of two class action suits alleging damages from two Illinois coal-fired electrical generation facilitiesOn May 25, 2011, two groups of putative class plaintiffs filed separate lawsuits against Jones Day client Midwest Generation, LLC on behalf of themselves and others similarly situated alleging that client's operation, maintenance, and control of two of its Illinois coal-fired electrical generation facilities caused property and other damages.
  • Zimmer wins judgment on pleadings dismissing untimely unfair competition claimsOn January 20, 2011, Judge Stanton Wettick of the Commerce and Complex Litigation Center of the Allegheny County Court of Common Pleas granted a motion for judgment on the pleadings dismissing the final claims pending against Jones Day clients Zimmer and Zimmer-Randall Associates ("Zimmer"), along with all other defendants, in litigation asserting improper and unfair competition.
  • UPMC obtains dismissal of federal court class action on behalf of uninsured patientsJones Day successfully defended the University of Pittsburgh Medical Center (UPMC) and five of its affiliated hospitals in obtaining dismissal of a federal court class action on behalf of uninsured patients who were allegedly overcharged for medical care and then allegedly subjected to abusive collection tactics.
  • UPMC unfair billing class action dismissedJones Day successfully defended the University of Pittsburgh Medical Center (UPMC) and five of its affiliated hospitals in obtaining dismissal of a state court class action brought on behalf of uninsured patients who claimed that UPMC was unfairly over-billing uninsured patients and then allegedly using abusive collection tactics to collect its bills.
  • UPMC awarded summary judgment against Highmark in claims concerning federal sequestration cutsJones Day client University of Pennsylvania Medical Center (UPMC) prevailed on claims that health insurer Highmark Inc. breached contracts with UPMC for the provision of health care services to subscribers of Highmark's Medicare Advantage plans.
  • Schnitzer Steel and MMGL win full affirmance by 9th Circuit of $14.8 million judgment for legal and equitable reliefTwo years after winning a jury verdict and an equitable award for broad declaratory relief, the Jones Day team on behalf of Schnitzer Steel Industries, Inc. and MMGL won a full affirmance by the United States Court of Appeals for the Ninth Circuit in two consolidated appeals dealing with defense cost reimbursements arising out of the Portland Harbor Superfund Site.
  • UPMC successfully navigates high-profile disputes with HighmarkJones Day has represented UPMC (University of Pittsburgh Medical Center) in several multi-disciplinary, multi-jurisdictional engagements involving UPMC's decision to not renew its in-network contracts with Highmark Inc. ("Highmark"), the Blue Cross/Blue Shield Association's licensee in Western Pennsylvania.
  • UPMC arbitrates rate increase and resolves dispute over continuity of care servicesJones Day represented the University of Pittsburgh Medical Center (UPMC) in two last-best-offer, baseball-style arbitrations with Blue Cross Blue Shield health insurer Highmark Inc.
  • UPMC defends lawsuit seeking to recoup $300 million in oncology reimbursement paymentsJones Day is defending the University of Pittsburgh Medical Center (UPMC) against a lawsuit filed by Blue Cross Blue Shield insurer Highmark Inc. in September 2014 against UPMC and its subsidiary hospitals seeking to recoup $300 million in past oncology reimbursements.
  • UPMC awarded over $188 million in arbitration with Highmark over rates for outpatient oncology servicesJones Day client University of Pittsburgh Medical Center ("UPMC") won over $188 million in arbitration against health insurer Highmark Inc.
  • Schnitzer Steel Industries and MMGL awarded $3.4 million in attorneys' fees and costs for successful claims against Continental Casualty Company and Transportation Insurance CompanyOn December 11, 2014, the United States District Court for the District of Oregon awarded Jones Day clients Schnitzer Steel Industries, Inc. and MMGL Corp. (formerly known as Schnitzer Investment Corp.) more than $3.4 million in attorneys' fees and costs in litigation lasting four years and culminating in a unanimous jury verdict and equitable award for Schnitzer Steel Industries and MMGL.
  • UPMC prevails before the Pennsylvania Supreme CourtFollowing a decision from the Pennsylvania Commonwealth Court, Jones Day led an expedited appeal to the Pennsylvania Supreme Court that resulted in a complete victory for the University of Pittsburgh Medical Center ("UPMC"), one of the nation's preeminent integrated healthcare systems.
  • Schnitzer Steel Industries and MMGL win unanimous federal jury verdict against Continental Casualty Company and Transportation Insurance CompanyJones Day won a unanimous jury verdict and equitable award for Schnitzer Steel Industries, Inc. and MMGL Corp. (formerly known as Schnitzer Investment Corp.), in a two-week jury trial held in the United States District Court for the District of Oregon (Portland).
  • UPMC resolves two antitrust lawsuitsJones Day client the University of Pittsburgh Medical Center (UPMC) resolved two antitrust lawsuits after it moved to enforce a 2012 global settlement agreement that had been negotiated by Pennsylvania Governor Tom Corbett.
  • UPMC files lawsuit against Highmark alleging violation of section 43(a) of Lanham ActOn August 5, 2013, Jones Day filed a lawsuit in the United States District Court for the Western District of Pennsylvania on behalf of the University of Pittsburgh Medical Center (UPMC) against Highmark Inc. alleging claims for false advertising in violation of section 43(a) of the Lanham Act and unfair competition under Pennsylvania law.
  • National emergency medical services company seeks insurance coverage against negligent retention claimsJones Day represented a national emergency medical services company and its wholly owned regional subsidiary as plaintiffs seeking insurance coverage for claims against the companies, including negligent retention and supervision, based on allegations that a paramedic assaulted female passengers during emergency transport.
  • UPMC obtains dismissal of Lanham Act claimsJones Day represented the University of Pittsburgh Medical Center ("UPMC") and eight of its subsidiary hospitals against allegations of false advertising, breach of contract, and tortious interference with contractual relations brought by insurer Highmark Inc. in connection with UPMC's "Keep Your Doctor" advertising campaign.
  • Pro se litigants receive pro bono assistance in mandatory federal ADR proceedings and Jones Day volunteers are honored for managing the programOn November 21, 2011, Jones Day's Pittsburgh Office hosted a luncheon to thank all the volunteers from Jones Day and other local law firms that have participated in the Pro Se Pro Bono ADR Program in the United States District Court for the Western District of Pennsylvania.
  • Default judgment successfully liquidatedOn September 28, 2011, Pittsburgh associates Rebekah B. Kcehowski and Ira M. Karoll successfully represented pro bono client Jon Brent Smith in a default judgment liquidation hearing, presenting testimony from Mr. Smith and a series of exhibits, and obtaining the requested liquidated default judgment of $290,000.00 against three defendants.
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    January 2021 Reprints

    Additional Options for Removal to Federal Court: Tips for Practitioners, ACBA Lawyers Journal Article (Focus on Federal Courts)

    November 18, 2020 Webinars

    Jones Day's 2020 Speaker Series: Recent Trends in Consumer and Economic Fraud Class Action Litigation: Arbitration and Settlements

    October 31, 2019 Reprints

    Consumer Contracts Q&A: US, Practical Lawyer Country Q&A

    June 11, 2019 Webinars

    Webinar CLE: Recent Trends in Class Actions

    March 2019 Jones Day Publications

    Department of Justice Increasingly Challenges Class Settlements

    March 2019 Commentaries

    Increased Scrutiny Means Increased Costs: Amended Rule 23 and Class Settlement Approval

    March 2019 Alerts

    Supreme Court Forecloses Equitable Tolling Of Deadline For Class Certification Appeals

    January - March 2019 External Publications

    Defending Class Actions, Corporate Disputes Magazine

    November 2018 Reprints

    Consumer Contracts Q&A: US, Practical Lawyer Country Q&A

    July 2018 Commentaries

    Germany Introduces Class Actions for Consumer Claims
    View All

    Additional Publications

    • April - June 2019
      Mass Tort Defence, Mini-Roundtable, Corporate Disputes Magazine
    • April 2016
      Commentary: Class Actions Worldview: Class Action Risks Are Growing Worldwide
    • November 14, 2014
      ACBA Federal Courts Section CLE, Rule 23 Class Actions and FLSA Collective Actions: Overview, Differences, and Third Circuit Developments
    • November 2007
      Bar License Requirements for In-House Counsel, coauthor, 27 Corporate Counsel Review 257

    Speaking Engagements

    • November 18, 2020
      Jones Day’s 2020 Speaker Series: Recent Trends in Consumer and Economic Fraud Class Action Litigation: Arbitration and Settlements
    • June 10, 2020
      Rule 23(b)(2) Injunctive Relief Class Actions: Recent Decisions, Approaches for Plaintiffs and Defendants
    • June 25, 2019
      Jones Day and Duff & Phelps Class Actions - Collective Redress Webinar
    • June 11, 2019
      Recent Trends in Consumer Fraud Class Actions
    • February 5, 2018
      Emerging Trends in Consumer Fraud Class Action Arbitration
    • April 4, 2017
      Emerging Trends in Consumer Fraud Class Action Litigation
    • November 17, 2016
      Class Actions Worldview: Emerging Issues Across the Globe, Association of Corporate Counsel
    • September 2, 2016
      Interpreting Spokeo: What is "Real Injury"? GA ICLE Class Actions Seminar
    • February 9, 2016
      Class Actions Worldview: Emerging Trends Across the Globe and Key U.S. Issues, New England Legal Foundation
    • November 12, 2015
      The Class Act: Practical Tips and Trends in Third Circuit Class and FLSA Collective Actions, Pennsylvania Bar Institute Employment Law West
    • November 14, 2014
      Class and FLSA Collective Actions: Overview, Differences, and Third Circuit Developments, Allegheny County Bar Association Federal Courts Section
    • November 4, 2014
      Electronic Discovery and Investigation in Noncompete Litigation, Association of Corporate Counsel CLE Panel
    • October 9, 2014
      Tightening Trends in Class Certification or Business as Usual? --- A Mock Hearing, Western District of Pennsylvania Chapter of the Federal Bar Association
    • August 21, 2014
      2014 Speaker Series: Pirates, Steelers, and Other Branding Concerns
    • November 2011
      Effective Legal Research
    • June 2010
      2010 Speaker Series: Critical Issues in Placing and Accessing D&O Coverage
    • May 14, 2010
      The Impact of Your Words, Pennsylvania Bar Association, Minority Law Day Outreach Program, John A. Brashear High School
    • July 2009
      Efficient Legal Research: Saving Clients and the Firm Time and Money
    • November 2007
      Depositions: Goals, Functions, Strategy
    • January 2006
      Eminent Domain after Kelo
    • April 2005
      Courtroom Technology: Pennsylvania State Courts
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