Overview
Clients rely on David A. Rodkey to solve difficult problems with steady judgment, strategic restraint, and clear-eyed analysis. Dave is known for serving clients in high-pressure disputes and guiding them toward positive outcomes that minimize harm and unnecessary escalation, and if necessary, guiding through the trial and appeal process.
David A. Rodkey represents a diverse group of clients in civil and criminal matters in state and federal courts. Over the course of his career, he has tried numerous cases ranging from short bench trials to multi-week federal jury trials, assuming both lead and supporting roles. Clients count on Dave for disciplined analysis and candid advice. When a dispute arises, he analyzes in light of the legal claims and defenses, conducts a practical cost-benefit assessment, and identifies potential x-factors before recommending a path forward.
Dave approaches both defense and plaintiff-side matters with the same disciplined focus on practical outcomes. He works to understand what is truly driving a dispute and how best to resolve it in a way that advances the client’s goals while minimizing unnecessary cost and disruption. In some situations, that means defending claims and limiting exposure. In others, it means pursuing recovery. In either posture, Dave evaluates the likely paths a case may take and advises clients not only on what positions are available, but which ones make the most sense strategically.
Rather than reflexively escalating conflict, Dave often begins by engaging directly with opposing counsel to understand what the other side is trying to accomplish and whether a resolution can be reached efficiently. When litigation is necessary, he approaches the matter with the same focus on careful analysis and disciplined strategy. Clients appreciate his ability to remain composed in contentious settings and to provide candid advice about risks, costs and potential outcomes.
Dave’s appellate experience includes published decisions in the Commonwealth Court, successful advocacy in the Superior Court, and significant federal appellate matters, including a successful settlement on behalf of a Plaintiff in the Third Circuit Court of Appeals, and most notably, in United States v. Walker, which proceeded to the United States Supreme Court and resulted in a meaningful sentencing reduction for the client. Clients benefit from his flexibility, his experience under pressure, and his focus on achieving outcomes that hold up both in court and on appeal.
Prior to becoming an attorney, Dave formed and managed his own film company and worked as an instructional assistant and in-home therapist with children with special needs.
Representative Experience
- William Penn School District v. Pennsylvania Department of Education, et al., co-trial counsel for the Speaker of the Pennsylvania House of Representatives in a four-month trial defending a constitutional challenge to the Commonwealth’s public education funding system.
- Trial counsel for SEPTA in a billion-dollar bid protest action in which the Court upheld SEPTA’s procurement decision to replace the railcars on the Market-Frankford Line.
- Co-representation of Hassan Nemazee, one of the first prisoners released to home confinement pursuant to the Elderly Offender Early Release Program under the First Step Act of 2018.
- Co-representation of Chi Fai Wong, one of the first terminally ill prisoners released under the compassionate release provisions of the First Step Act of 2018.
- Lead trial counsel for a private college that successfully defended against a preliminary injunction seeking to compel enrollment of an unvaccinated student asserting religious objections.
- Won a verdict for the full amount alleged on behalf of a credit union in a one-day bench trial in the Philadelphia Court of Common Pleas.
- Second-chair trial counsel in a four-week federal criminal trial involving allegations of a $27 million biodiesel fraud scheme.
- Represented numerous individual government employees in a statewide grand jury investigation.
- Co-counsel for a medical practice in multiple matters involving removal of a former partner and protection of trade secrets, including successful appellate advocacy in two related cases before the Pennsylvania Superior Court.
- Served as part of a team that obtained a well-below guidelines sentence in a million-dollar bankruptcy fraud prosecution, resulting in the client’s release after three months of imprisonment.
- Conducted an internal investigation for a university regarding allegations of brutality by campus police.
- Achieved a favorable settlement for a FinTech company in an alleged multimillion-dollar licensing dispute.
- Obtained a published Commonwealth Court decision addressing proper service requirements in expedited election litigation. In re Bingham, 275 A.3d 1108, 1110 (Pa. Commw. Ct. 2022)
- Participated in appellate litigation in United States v. Walker, which proceeded to the United States Supreme Court and resulted in a significant sentencing reduction for the client. Walker v. United States, 142 S. Ct. 2858, 213 L. Ed. 2d 1084 (2022).
Professional & Community Activities
- Board of Directors, PLEA School, September 2016 – August 2018.
Speeches & Presentations
- Dave Rodkey, Range v. AG and the Shifting Unconstitutionality of Gun Regulation in the US, Jurist, June 9, 2023.
- How Attys Can Advocate For Detained Clients Amid COVID-19, Law360, March 24, 2020 (co-authored with Linda Dale Hoffa).
- Dave Rodkey, Making Sense of Obergefell: A Suggested Uniform Substantive Due Process Standard, 79 U. Pitt. L. Rev. 753 (2018).
- Dave Rodkey, Kennedy: A Flexible Jurisprudence, June 28, 2018 – Cited in the ScotusBlog “Friday Round-Up,” June 29, 2018.
Professional Recognition
- Selected to The Best Lawyers in America: Ones to Watch, 2020-Present
- Pennsylvania Super Lawyers Rising Star, 2024-2025
- Pittsburgh Intellectual Property Association: 2018 Student Leadership Award.
- Sutin Prize for Outstanding Service to JURIST.
Further information on methodologies is available via these links.
Representative Experience
- William Penn School District v. Pennsylvania Department of Education, et al., co-trial counsel for the Speaker of the Pennsylvania House of Representatives in a four-month trial defending a constitutional challenge to the Commonwealth’s public education funding system.
- Trial counsel for SEPTA in a billion-dollar bid protest action in which the Court upheld SEPTA’s procurement decision to replace the railcars on the Market-Frankford Line.
- Co-representation of Hassan Nemazee, one of the first prisoners released to home confinement pursuant to the Elderly Offender Early Release Program under the First Step Act of 2018.
- Co-representation of Chi Fai Wong, one of the first terminally ill prisoners released under the compassionate release provisions of the First Step Act of 2018.
- Lead trial counsel for a private college that successfully defended against a preliminary injunction seeking to compel enrollment of an unvaccinated student asserting religious objections.
- Won a verdict for the full amount alleged on behalf of a credit union in a one-day bench trial in the Philadelphia Court of Common Pleas.
- Second-chair trial counsel in a four-week federal criminal trial involving allegations of a $27 million biodiesel fraud scheme.
- Represented numerous individual government employees in a statewide grand jury investigation.
- Co-counsel for a medical practice in multiple matters involving removal of a former partner and protection of trade secrets, including successful appellate advocacy in two related cases before the Pennsylvania Superior Court.
- Served as part of a team that obtained a well-below guidelines sentence in a million-dollar bankruptcy fraud prosecution, resulting in the client’s release after three months of imprisonment.
- Conducted an internal investigation for a university regarding allegations of brutality by campus police.
- Achieved a favorable settlement for a FinTech company in an alleged multimillion-dollar licensing dispute.
- Obtained a published Commonwealth Court decision addressing proper service requirements in expedited election litigation. In re Bingham, 275 A.3d 1108, 1110 (Pa. Commw. Ct. 2022)
- Participated in appellate litigation in United States v. Walker, which proceeded to the United States Supreme Court and resulted in a significant sentencing reduction for the client. Walker v. United States, 142 S. Ct. 2858, 213 L. Ed. 2d 1084 (2022).
Insights
- 39 Dilworth Attorneys Named Among the Best Lawyers in America®
- Dilworth Attorneys Named to Pennsylvania and New Jersey 2025 Super Lawyers and Rising Stars Lists
- 24 Attorneys Named Among the Best Lawyers in America
- Linda Dale Hoffa Wins Significant US Supreme Court Victory
- 26 Attorneys Named Among the Best Lawyers in America
- Dilworth Co-Counsel in Philadelphia Federal Detention Center Detainees Class Action Lawsuit Demanding Protection from COVID-19