DMD reed smith bio september 2016

T
F
Pittsburgh
+1 412 288 7274
+1 412 288 3063
Practice Areas
Appellate
Energy & Natural
Resources
Nuclear
Litigation & Dispute
Resolution
Insurance Recovery
Long-Tail Claims Insurance
Coverage
Education
University of Chicago Law
School, 1992, J.D., with
honors, Recipient of the
John M. Olin Award as the
Outstanding Graduate in
Law and Economics;
Recipient of the John M.
Olin Fellowship in Law &
Economics (1990 and
1991); Executive Editor of
the University of Chicago
Law Review
University of Notre Dame,
1986, B.A., with high
honors, Finance
Professional
Admissions /
Qualifications
Pennsylvania
Illinois
Court Admissions
U.S. Supreme Court
U.S. Court of Federal
Claims
U.S. Court of Appeals -
Federal Circuit
District of Columbia Circuit
Second Circuit
Donna M. Doblick
Counsel
ddoblick@reedsmith.com
Overview
Donna, a member of the firm’s Appellate Group, is a former clerk to
Judge Frank H. Easterbrook of the U.S. Court of Appeals for the
Seventh Circuit. She has extensive experience with complex, high-
stakes commercial litigation, both at the trial and appellate levels.
Donna works closely with clients to tailor fee arrangements and
litigation strategies to the clients’ business objectives, cost
parameters, and definitions of success.
Her appellate practice, while varied, focuses largely on business
torts, competition issues, disputes in the financial services industry,
class action defense, arbitration issues, and questions of foreign
law. Donna also works on petitions for writs of certiorari and
allocatur to the highest courts, and prepares amicus curiae briefs.
In addition to briefing and arguing appeals, Donna works regularly
with trial counsel on key briefs and on strategies for positioning
cases for appeal, and frequently assists with post-trial motions,
interlocutory appeals. Before joining the Appellate Group, Donna
gained substantial trial experience, which includes: successfully
defending a Sherman Act § 1 case; successfully defending
allegations of tortious interference with contract and other business
torts arising out of a Fortune 500 company’s termination of a
distributor; successfully defending claims of massive fraud and
violations of a non-compete agreement arising out of the sale of a
closely held business; and defeating an action to enforce a
restrictive covenant in a lease agreement against a shopping mall
developer. She also is an experienced Orphans Court litigator,
where she represents corporate trustees.
She additionally has counseled clients on manufacturer-distributor
relationships, product disparagement and trade libel issues, and
compliance with the antitrust laws.
Donna has lent significant support to the firm’s commitment to pro
bono work. Between 2001 and 2003, she chaired the firm’s Pro
Bono Committee and, since joining Reed Smith in 1996, she has
devoted nearly 3,000 hours to pro bono litigation. Those matters,
which have met with considerable success, have included: a free
exercise of religion case on behalf of a conservative Amish
community that the National Law Journal hailed as one of the
country’s most significant pro bono cases of the year; the
representation of celebrated African-American photographer
Charles “Teenie” Harris in his efforts to reclaim tens of thousands of
photographic prints and negatives; and an establishment clause
case involving a local government’s display of the Ten
Commandments.
Employment History
Page 1 of 9Reed Smith
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Third Circuit
Fourth Circuit
Sixth Circuit
Seventh Circuit
Eighth Circuit
Ninth Circuit
U.S. District Court -
Western District of
Pennsylvania
U.S. District Court -
Northern District of Illinois
State Supreme Court -
Pennsylvania
State Supreme Court -
Illinois
1996 - Reed Smith
1993 - Schopf & Weiss (A boutique litigation firm in Chicago;
worked in the areas of antitrust defense and other commercial
litigation.)
1986 - Peterson & Co. (Before heading to law school, Donna was
a litigation consultant where she worked with a public utility’s
regulatory counsel to identify, model, and calculate the financial
impact and regulatory drivers of cost overruns incurred in the
construction of a nuclear power plant.)
Clerkships
Honorable Frank H. Easterbrook, U.S. Court of Appeals -
Seventh Circuit
Honors & Awards
The Best Lawyers in America: Selected for inclusion in the area
of Appellate Practice (2013-2016)
Benchmark Litigation: Named a 2013 “Appellate Star” in
Pennsylvania for her work in the Third Circuit
Pennsylvania Super Lawyers and Philadelphia Magazine: Named
a Pennsylvania "Rising Star" (2005)
The National Law Journal: Named Donna’s successful
representation of a conservative Amish sect in a religious
freedom case (Commonwealth v. Miller) as one of the country’s
most significant pro bono representations of 2003
Philadelphia Magazine: Named a "Pennsylvania Lawyer on the
Fast Track" (2002)
Professional Affiliations
Third Circuit Bar Association – Member, Board of Governors;
Chair, Membership Committee
Seventh Circuit Bar Association
American Bar Association – Litigation sections
Pennsylvania Bar Association – Civil Litigation Section; Federal
Practice Section; Appellate Advocacy and Practice Committee
Allegheny County Bar Association
Interests
Donna lives in Wexford, Pennsylvania, with her son and two
wheaten terriers.
Experience
ChampionsWorld v. Major League Soccer and the United
States Soccer Federation (7th Cir. 2013): Retained to
represent owners of a company that promoted professional
men’s soccer games in their appeal from several adverse
rulings. Following a protracted Seventh Circuit mediation, the
case settled on successful terms.
PNC v. Prime Lending (W.D. Wash. 2013): Represented PNC
in restrictive covenant litigation involving employee departures
from several residential mortgage branches in the Pacific
Northwest. After taking and defending numerous depositions,
identifying vulnerabilities in the defendants’ position, and
obtaining the reversal of a key legal ruling, a favorable
settlement was consummated prior to trial.

Astra Media Group v. Clear Channel Taxi Media, 414 Fed.
Appx. 334 (2d Cir. 2011 / N.Y. S. Ct. 2013): Defended Clear
Channel in an action wherein a competitor alleged
uncompetitive practices and business torts in the aftermath of
a regulatory change. Obtained the dismissal of nearly every
claim (in federal court, then in state court), then negotiated a
very favorable settlement that enabled the client to avoid the
considerable costs of discovery on the remaining claim and a
second appeal.
Glover v. Wells Fargo Home Mortgage (W.D. Pa. / 3d Cir.
2013): In this putative class action between a homeowner and
the lender and servicers of her mortgage loan, obtained the
dismissal of plaintiff’s interlocutory appeal for lack of
jurisdiction and also won multiple disputes in the district court,
including the denial of plaintiff’s motion for class certification
and the denials of several petitions for permission to take
interlocutory appeals.
In re Highmark and West Penn Allegheny Health System, et al
(Allegheny Cty. C.C.P. Orphans Ct. Div. 2013); In re
Highmark and Saint Vincent Health System, et al (Erie Cty.
C.C.P. Orphans Ct. Div. 2013): Obtained court approvals of
affiliation agreements whereby a not-for-profit health
insurance company acquired several hospitals in western
Pennsylvania.
Tiversa Holding Corp. v. Lab MD, Inc., 2013 U.S. Dist. LEXIS
178675 (W.D. Pa. 2013): Defeated the defendants’ efforts to
disqualify the Firm from representing the plaintiff in this
defamation action.
Ancile Investment Co. Ltd. v. Archer Daniels Midland Co. (2d
Cir. 2013): Worked closely with Brazilian counsel on complex
questions of Brazilian law applicable to the relationship
between a secured lender and the seller of fertilizer products
sold to a bankrupt Brazilian company.
Secalt S.A. v. Wuxi Shenxi Construction Machinery Co., 668
F.3d 677 (9th Cir. 2012): Represented a Chinese
manufacturer of industrial hoists against allegations that its
product infringes the plaintiff’s trade dress and violates the
Lanham Act. The 9th Circuit affirmed the judgment in our
client’s favor, and also affirmed the finding that the case was
“exceptional,” warranting the award of more than $800,000 in
attorneys’ fees.
Pettko v. Pennsylvania American Water Co., 39 A.3d 471 (Pa.
Commw. 2012): Represented a public utility in a putative class
action alleging improper billing practices. Obtained the early
dismissal of the complaint on primary jurisdiction grounds; the
Commonwealth Court affirmed.
In re Estate of Mary George, Wells Fargo, Trustee (McKean
Cty. C.C.P. Orphans Ct. Div. 2012): Defended the corporate
trustee against objections to a first and final account of a trust
wherein the beneficiary challenged the trustee’s investment
decisions and decisions regarding the payments of certain
state taxes and sought to surcharge the trustee for more than
$6 million; negotiated a very successful resolution shortly
before trial.

In re Estate of Fridenberg (Pa. Super. Ct. 2009 / Pa. S. Ct.
2011): Wrote successful amicus curiae briefs on behalf of the
Pennsylvania Bankers Association addressing corporate
trustees’ statutory rights to charge fees on certain accounts.
Gingerich v. Commonwealth of Kentucky (Ky. S. Ct. 2012):
Drafted amicus curiae brief (pro bono) on behalf of the
National Committee for Amish Religious Freedom and the
Mennonite Central Committee in a freedom of religion case.
Hillcrest Bank v. The Foundry at South Strabane, LLC (Pa.
Super. Ct. 2011): Won affirmance of a judgment in favor of the
lender in a dispute involving the contractual rights and
obligations of a developer in connection with a sizable
commercial development.
Highmark v. West Penn Allegheny Health System, Inc. (U.S.
S. Ct. 2011): Drafted petition for writ of certiorari raising issues
of standing to sue under the federal antitrust laws.
Global Industrial Technologies, Inc. v. Hartford Accident and
Indemnity Co. (U.S. S. Ct. 2011): Drafted petition for writ of
certiorari raising issues of Article III standing to challenge a
bankruptcy plan of reorganization.
Joseph v. Hess Oil Virgin Island Corp., 651 F.3d 348 (3d Cir.
2011): Drafted an amicus curiae brief on behalf of the Bar
Association for the Third Federal Circuit advocating
moderation of the Court’s previously-announced standard
governing extensions of time to file petitions for certiorari to
the Supreme Court of the Virgin Island; the Third Circuit
largely adopted our position.
Textron Inc. v. United States (U.S. S. Ct. 2010): Drafted
amicus brief in support of Reed Smith and several clients
regarding the scope of the attorney work product doctrine.
SEC v. Koenig, 557 F.3d 736 (7th Cir. 2008): Handled the
appeal of adverse rulings against a company’s CFO in a SEC
enforcement proceeding arising out of the company’s
restatement of its earnings.
Fullard Environmental Controls v. Dehus (Allegheny Cty.
C.C.P. 2008): Was retained by a minority-owned business
that had been hit with a significant adverse jury verdict; after
briefing and arguing a post-trial motion, the suit settled on
very favorable terms.
Sterten v. Option One Mortgage Corp., 546 F.3d 278 (3d Cir.
2008): Briefed, argued and won 3d Circuit case of first
impression regarding pleading rules in the TILA context.
Burrell v. PNC, Trustee (Allegheny Cty. C.C.P. Orphans Ct.
Div. 2007): Was retained to prepare post-trial findings and
conclusions; court dismissed beneficiaries’ multi-million dollar
objections to the trustee’s accountings.
Shakespeare v. PNC, Trustee (Pa. Super. Ct. 2007):
Persuaded the court (bench trial) to deny a trustee’s petition
for leave to file belated, multi-million dollar objections to a
confirmed account; Superior Court affirmed.

Grider v. Keystone Health Plan Central, 500 F.3d 322 (3d Cir.
2007): Wrote winning briefs that persuaded the Third Circuit to
reverse an All Writs Act injunction that enjoined a Blue
Cross/Blue Shield Company from negotiating a settlement in
MDL class action litigation. In a later appeal, obtained reversal
of discovery sanctions against the client.
In re Community Bank of Northern Virginia (W.D. Pa. / 3d.Cir.
2007): Wrote extensive briefs addressing the lack of viability
of posited TILA/HOEPA claims, and supporting the fairness of
a $33 million class action settlement on behalf of a purchaser
of home mortgage loans.
Turpin v. Highmark Inc. (W.D. Pa. 2006): Negotiated a
complex settlement of a class action alleging violations of
ERISA disclosure requirements.
Davis Vision v. Maryland Optometric Association, 2006 WL
1791389 (4th Cir. 2006): Persuaded the Fourth Circuit to
reverse an order compelling our client, a provider of vision
insurance products, to arbitrate antitrust claims asserted by a
trade association.
In re Petition of Michelle Jacobs (Pa. Super. Ct. 2006):
Drafted amicus brief for the National Association of Settlement
Purchasers regarding Pennsylvania’s rules for reviewing
transfers of structured settlements.
Salley v. Option One Mortgage Corp. (Pa. S. Ct. 2006):
Drafted brief on question certified from the Third Circuit
regarding whether a provision in a consumer mortgage loan
transaction that exempts foreclosure proceedings from the
contract’s arbitration clause is unconscionable.
KCE v. H.J. Heinz Co. (W.D. Pa. 2005): After years of intense
discovery (domestically and abroad), negotiated a favorable
settlement in litigation wherein the plaintiff alleged that Heinz
and its subsidiaries aided and abetted a trespass and
tortiously interfered with its contracts in connection with the
sale of a Hungarian vegetable canning business; worked
closely with Hungarian counsel.
Henthorn v. GMAC, 2005 WL 293646 (3d Cir. 2005):
Persuaded the Third Circuit to affirm the trial court’s ruling
regarding the recovery of attorneys’ fees in a bankruptcy
proceeding.
Winningham v. Singer Asset Financial (Hamilton Cty., Ohio
C.C.P. 2005): Negotiated a favorable settlement in a case
involving the purchase of structured settlement payments.
Modrovich v. Allegheny County, 385 F.3d 397 (3d Cir. 2004):
Represented the County in a challenge to its display of a
historical plaque quoting the Ten Commandments on an
exterior wall of the county courthouse. Obtained summary
judgment in favor of the County and affirmance by the Third
Circuit.
Reiser v. Residential Funding Corp, 380 F.3d 1027 (7th Cir.
2004): Persuaded the Seventh Circuit to accept our
interlocutory §1292(b) appeal; Court summarily reversed the

district court’s denial of our motion to dismiss claims brought
under the Illinois Interest Act.
Black Box Corp. v. Marino, et al. (AAA 2004): Defended a
seller of a business against Black Box’s efforts to rescind the
purchase based on allegations that the sellers had
fraudulently misrepresented the company’s financial health
and violated non-compete agreements. In addition to finding
in the defendants’ favor, the arbitrator awarded them more
than $1 million in attorneys’ fees.
In re Wireless Equipment Insurance Litig. (Allegheny Cty.
C.C.P. 2004): Negotiated, on behalf of Verizon Wireless, a
successful settlement of a nationwide class action alleging
that the sale of handset replacement insurance violated state
insurance laws.
Commonwealth of Pennsylvania v. Miller, 839 A.2d 1158 (Pa.
Sup. Ct. 2004): Represented members of an ultra-
conservative Amish community who objected on religious
grounds to displaying an orange triangle on their buggies. The
Superior Court reversed the trial court’s judgment in favor of
the Commonwealth, agreeing that the Commonwealth had not
established that this was the least restrictive means of
advancing its interest in traffic safety.
In re Petition of Kevin Bean, Funeral Director (Pa. Commw.
Ct. 2003): Wrote amicus curiae brief on behalf of AmeriServ
Trust and Financial Services Company in support of funeral
director’s argument regarding the irrevocability of pre-need
contracts.
In re West Virginia Asbestos Litig., 592 S.E.2d 818 (W. Va.
2003): Wrote winning brief addressing the preemptive effect of
federal law on state tort law claims against manufacturers of
locomotive parts under the Locomotive Boiler Inspection Act.
In re Helen Clay Frick Foundation (Allegheny Cty. C.C.P.
Orphans’ Ct. Div. 2001): Represented the Foundation in
contentious and highly-publicized litigation over the disposition
of the Frick Family Archives. The court approved agreements
authorizing the Foundation to transfer the Archives to The
Frick Collection in New York and The University of Pittsburgh
for conservation, restoration, and cataloguing.
Harris v. Morgan (W.D. Pa. 2000): Successfully represented
(pro bono) indigent photographer Charles "Teenie" Harris in
his efforts to rescind an oral agreement whereby he sold his
negatives to an unscrupulous businessman. The jury awarded
damages of $4 million, paving the way for the negatives to be
returned to Mr. Harris’ Estate. The Estate ultimately placed
the collection - hailed as one of the best and most complete
photographic catalogues of mid-twentieth century urban life –
with The Carnegie Museum of Pittsburgh.
Santacasa v. Blade Communications; Waldorf v. Blade
Communications (Allegheny Cty. C.C.P. 1999); Hayes v.
Blade Communications (Washington Cty. C.C.P. 2000):
Former distributors of the Pittsburgh Post-Gazette alleged that
their distributorships had been wrongfully terminated. The trial
court dismissed the Santacasa and Waldorf complaints on

preliminary objections; the Superior Court affirmed. Settled
Hayes based on those favorable rulings.
Scripps-Howard Co. v. Blade Communications (Hamilton Cty.,
Ohio C.C.P. 2000): Scripps claimed that Blade had a duty to
indemnify it against $8 million in severance and vacation pay
Scripps owed its former employees following the sale of its
Pittsburgh Press newspaper to Blade. At trial (one jury trial,
one bench trial), Blade prevailed on every claim against it and
on nearly every counterclaim.
Bon-Ton Department Stores v. Crown American Realty Trust
(Pa. Super. Ct. 1999): Successfully defended (in a preliminary
injunction hearing) an effort by one of Crown’s department
store tenants to enjoin Crown from leasing space to a
competitor based upon a restrictive covenant in a lease
executed thirty years earlier; the Superior Court affirmed.
City of Pittsburgh v. West Penn Power Co., 147 F.3d 256 (3d
Cir. 1998): In a case involving the application of the antitrust
laws to an industry undergoing regulation, defeated the City’s
claims that a proposed merger between Duquesne Light and
Allegheny Power and certain pre-merger conduct were illegal
restraints of trade. The district court dismissed the claims for
lack of antitrust standing; the Third Circuit affirmed.
Dayhoff v. H.J. Heinz Co. (W.D. Pa. 1997): Successfully
defended (jury trial) H.J. Heinz Co., its subsidiaries, and
Hershey Foods against charges that Heinz had tortiously
interfered with a contract between a U.S. supplier of candy
and Heinz’s Italian subsidiary in connection with a sale of that
business to Hershey. Plaintiff had sought more than $15
million in damages.
In re Bulk Liquid Carbon Dioxide Antitrust Litig. (M.D. Fla.
1996): Successfully defended Air Liquide (jury trial) against
allegations that it had conspired with competitors to fix prices
and allocate customers. Plaintiffs had sought more than $22
million in damages. Also worked with company
representatives who had been subpoenaed to testify before a
grand jury investigating the industry’s compliance with a
consent decree.
News & Publications
News
15 August
2016
Eight Reed Smith Lawyers Named “Lawyer
of the Year” by Best Lawyers
Individual Award, News Releases
24 August
2015
Reed Smith Achieves Strong Showing in
2016 Best Lawyers in America
20 August
2014
Reed Smith Lawyers Earn 2015 “Lawyer of
the Year” Accolades in 14 Practices Across
Four Metro Areas Nationwide from Best
Lawyers

Publications
8 July 2015 Protecting Privileged Documents From
Disclosure in Pennsylvania
The Legal Intelligencer
Articles Published
30 April 2014 Considerations for GCs Facing Section 1782
Subpoenas
The Legal Intelligencer
Articles Published
April 2014 Amicus Curiae Briefs in the U.S. Court of
Appeals for the Third Circuit and the
Appellate Courts of Pennsylvania: The
Essentials
Pennsylvania Bar Association Federal Practice
Committee Newsletter
Articles Published
8 June 2007 Arbitration Agreements That Permit
Mortgage Lenders To Initiate Foreclosure
Proceedings In Court Are Enforceable In
Pennsylvania (Salley v. Option One Mortgage
Corp., May 31, 2007)
Co-Author(s): Mark S. Melodia
White Papers
Speaking Engagements
29 August
2013
Pennsylvania Bar Institute - Advanced
Issues in Civil Practice and Procedure
"Asserting and Resisting Waiver Arguments
on Appeal"
PBI Conference Center
Pittsburgh, PA
CLE / CPD
6 May 2011 Third Circuit Judicial Conference
"Preserving and Forfeiting Appellate Issues"
Loews Philadelphia Hotel
Philadelphia, PA
Seminar
8 December
2010
Reed Smith University
"Alternative Fees: Heaven, Hell, or
Somewhere In-Between"
Reed Smith LLP
Pittsburgh, PA
CLE / CPD
25 August
2010
Third Circuit Bar Association Seminar
"Watch Out For The Waives: A Late-Summer
CLE On How Good Lawyers Waive Good
Arguments On Appeal"
Fairmont Pittsburgh
Pittsburgh, PA
CLE / CPD

© 2016 Reed Smith LLP. All rights reserved
November
2007
Pennsylvania Bar Institute
"Winning Your Case On Appeal: Essential
Ingredients to Successful Briefing and Oral
Argument in the Pennsylvania State Courts"
CLE / CPD
April 2007 Lloyds Maritime Academy
"Antitrust Enforcement In The United States:
Some Practical Considerations"
London
Seminar
October 2006 Pennsylvania Bar Institute
"Contemporary Issues Regarding Religion In
The Courts"
Philadelphia and Pittsburgh
CLE / CPD
July 2005 Pennsylvania Bar Institute
"Proving and Rebutting Commercial
Damages"
Philadelphia and Pittsburgh
CLE / CPD
March 2005 Duquesne University
"Religion and the Law"
Duquesne University
Pittsburgh, PA
Seminar
October 2004 Reed Smith’s Financial Services Roundtable
"Select Recent Developments in the Court of
Appeals Affecting the Financial Services
Industry"
Washington, D.C.
CLE / CPD
September
2004
ACLU Lunch & Learn
"From Amish Buggies to Cyber-Liberties: A
Discussion of Local First Amendment
Cases"
Pittsburgh, PA
CLE / CPD
June 2004 Elizabethtown College
"Religious Beliefs Clash With State
Regulations"
Elizabethtown, PA
Seminar

DMD reed smith bio september 2016

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