Meet The Attys In Ex-Penn State Trustee’s Defamation Fight
Philadelphia Trial Attorney, Steven F. Marino, is squaring off against a pair of BigLaw veterans in a defamation fight against Penn State University
News Coverage: Defamation Lawsuit
Law360.com | November 24, 2025 | By: James Boyle

A Philadelphia trial attorney who once shared a practice with a current member of the Pennsylvania Supreme Court is squaring off against a pair of BigLaw veterans in a defamation case an ex-Penn State University trustee recently lodged against the school.
The Philadelphia-based Marino Associates is representing former Penn State trustee Barry Fenchak in his lawsuit, which was removed to federal court earlier this month, alleging that the school retaliated against him over his efforts to review some of the college’s financial decisions. A team from Jones Day’s Pittsburgh office represents Penn State in the matter.
According to the complaint, Fenchak, an investment adviser and broker who was elected to the board by school alumni in 2022, had made inquiries into the management fees for Penn State’s $5 billion endowment fund and the school’s 10-year sports ticketing partnership with Elevate Sports Ventures. Fenchak’s questions were met with pushback from board chairs Matthew Schuyler and David Kleppinger, leading Fenchak to file a lawsuit aimed at forcing the university to turn over relevant records. As part of the proceedings in that case, Fenchak said Penn State filed a letter on the court docket explaining they were denying him access to the material he sought due to “repeated violations of [his] confidentiality obligations.”
Fenchak claimed that the letter, along with accusations of sexual harassment based on his paraphrasing of a joke from the film “A League of Their Own” and his removal from the board before the end of his three-year term, were part of a retaliation campaign against him for exercising his rights to speak out about issues of importance to the university and its governance.
In a motion to dismiss filed on Friday, Penn State countered that, before the school ever filed the letter on the court docket, Fenchak himself had quoted it as part of the complaint he filed in the records case.
Here, Law360 Pulse takes a look at the attorneys representing the parties in the case. The attorneys did not respond to a request for comment.
For the plaintiff
Steven F. Marino
Marino Associates
This is not the first time Marino has represented a client in a legal dispute with Penn State. He previously earned a $5.25 million jury award in Dauphin County on behalf of Dr. Scott Lynch, the former lead doctor for the Penn State football team. Lynch claimed his employer, Penn State Health, fired him in retaliation for his complaints about former head coach James Franklin’s alleged interference with his medical decisions regarding the players.
In July, Marino represented Lynch in a new complaint filed against Penn State University in the Philadelphia Court of Common Pleas. Lynch claimed the school and former Athletics Integrity Officer Bob Boland concealed complaints from the team’s medical staff about Franklin’s alleged interference in their treatment of injured players. Franklin was fired by Penn State in October and was introduced last week as the new head coach for Virginia Tech’s football team.
Marino brings nearly 40 years of litigation experience to the courtroom. He earned his law degree from Penn State Dickinson Law in 1988 and started his legal career as an associate with Katz Murphy Daniello & Farrel.
In February 1989, Marino joined the Philadelphia District Attorney’s Office where his assignments included the economic crimes, juvenile court and major trials units. During his time at the DA’s office, he met fellow prosecutor Kevin Dougherty, who now sits on the Pennsylvania Supreme Court, and the two eventually teamed up in 1994 to launch their own private plaintiffs’ firm, Marino & Dougherty LLP.
Justice Dougherty left the firm in 2000 ahead of his 2001 appointment to the Philadelphia Court of Common Pleas bench, kicking off a judicial career that ultimately led to his election to the state’s Supreme Court in 2015. After Justice Dougherty’s departure, Marino renamed the firm to Marino Associates.
Joseph Auddino
Marino Associates
Auddino has served as the second principal for Marino Associates since 2016. He previously assisted in a 2020 lawsuit filed against Penn State by a former football player who accused the school and Franklin of failing to stop his former teammates from sexually hazing him. The complaint was dismissed in September 2021.
Auddino also joined Marino in representing the family of a woman who was struck and killed by a Southeastern Pennsylvania Transportation Authority bus in September 2014. In June, a Pennsylvania Commonwealth Court panel reduced a $4.65 million verdict awarded to the family down to $500,000, saying the verdict is limited by the state’s sovereign immunity law.
After earning his law degree from Widener University Delaware Law School in Wilmington, Delaware, Auddino clerked for Judge Paul Panepinto in the Philadelphia Court of Common Pleas. In 2014, Auddino joined the Philadelphia District Attorney’s Office and then moved to Marino Associates in 2016.
For the defendants
Andy Stanton
Jones Day
Stanton has practiced as a partner in Jones Day’s Pittsburgh office for more than 10 years as a member of the firm’s financial markets, business and torts litigation and insurance recovery practice groups.
His clients include Everest Infrastructure Partners Inc., a cell tower company currently facing claims of unfair competition, tortuous interference and unjust enrichment by rival company Vertical Bridge REIT LLC. Everest is accused of inducing Vertical’s landlords to share confidential financial information on their ground leases. Stanton’s team had part of the lawsuit tossed by a Pennsylvania federal judge in February.
Stanton represented U.S. Steel in the U.S. District Court for the Western District of Pennsylvania when it faced a claim of unfair competition filed by the U.S. subsidiaries of a Russian steel company. The complaint claimed U.S. Steel misled the U.S. Department of Commerce into denying the Russian steel company’s request to be excluded from a steel tariff. The case was dismissed in March 2022.
After earning his law degree from Stanford Law School in 2004, Stanton started his legal career with K&L Gates LLP’s Pittsburgh office. He moved to Jones Day in September 2015.
Susan E. Kessler
Jones Day
Kessler started her legal career in October 2016 as an associate with Jones Day after earning her law degree from the University of Pittsburgh School of Law. She is a member of the firm’s financial markets practice and frequently partners with Stanton on high-profile disputes.
She worked with Stanton as part of a team that represented CNX Resources Corp. in an indemnification dispute with Consol Energy Inc. over alleged violations of the Employee Retirement Income Security Act.
After CNX inked a $75 million settlement to resolve claims from a mine worker’s union that its sale of coal subsidies in 2013 violated ERISA, CNX filed suit seeking indemnification from Consol. Consol spun off CNX as a separate entity in 2017, with CNX focused on natural gas production and Consol concentrated on coal production. In support of its claim, CNX pointed to language in the separation agreement between the two companies that CNX said indemnified it from coal-related liabilities. A Delaware Superior Court judge found in favor of CNX in November 2024.
–Additional reporting by Matthew Santoni, Mike Curley and Andrea Keckley. Editing by Dave Trumbore.
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