Katie Lencioni

Contract Disputes

• In the Matter of Jeffrey Powell v. Adviser Investments, LLC et al: Represented Adviser Investments and related entities in two, post-acquisition lawsuits alleging fraud and breaches of the securities purchase agreement. Resulted in favorable settlement.
• Ney v. 3i Group plc et al.: Represented all defendants in lawsuit alleging breach of oral $20 million contract. Achieved dismissal of case for all defendants, as well as affirmance by the 5th Circuit and the Delaware Supreme Court.
• Sun-Air of Scandinavia A/S v. Jet Support Services, Inc.: Represented defendant and counter-claimant in case alleging fraudulent inducement and various breaches of contract, including improper termination of aircraft engine fleet maintenance agreements. Resulted in favorable settlement.
• Ameriprise Captive Ins. Co., v. Audatex N. Am., Inc.: Represented Audatex in breach of contract dispute alleging Audatex owed an indemnification obligation. Achieved complete dismissal of case with prejudice.
• SWEPI LP v. Talisman Energy USA, Inc.: Represented Talisman, an upstream oil and gas company, in breach of contract case regarding a jointly owned pipeline in northern Pennsylvania. Resulted in favorable settlement.
• Lead and co-lead counsel in various confidential arbitration, mediation, and pre-litigation disputes related to employment agreements, shareholder agreements, purchase agreements, investment agreements, deferred compensation and equity agreements, and other business-governing agreements.

Trials

• Whitfield v. Abbott Laboratories et al: Represented Abbott in product liability case alleging preterm infant formula causes necrotizing enterocolitis (NEC) and seeking $6 billion in damages. Achieved unanimous, complete defense verdict, following a 5-week, 12-juror trial in St. Louis.
• Kelley v. 3M: Represented 3M in a plaintiff-pick bellwether trial alleging that 3M’s Combat Arms Earplug was defective and caused her to suffer hearing damage. Won a unanimous, complete defense verdict following a two-week, eight-person jury trial.
• Citadel v. Brown: Served as co-lead counsel in employment dispute litigation and arbitration regarding restrictive covenants, confidentiality, and deferred compensation. Resulted in favorable outcome.
• Towers v. Brannon: Represented federal habeas petitioner in ineffective assistance of counsel claim and evidentiary bench trial. Won habeas grant for client who was wrongfully convicted and sentenced to 100 years in prison for first-degree murder. Represent same client in subsequent state-court proceedings.
• Laws v. Apollo Insurance Co.: Represented individual in small claims property damage case. Co-chaired jury trial in Illinois state court and won judgment in favor of client.

Antitrust Cases

• Mosaic Health, Inc. v. Sanofi-Aventis U.S., LLC et al.: Represented Eli Lilly in putative class action lawsuit alleging price fixing related to 340B discounts under federal and state laws. Achieved dismissal of the case twice and received a shout-out from The American Lawyer Litigation Daily’s “Litigator of the Week” as a result.
• In re Blue Cross Blue Shield Antitrust Litigation: Represented Blue Cross Blue Shield Association, Triple-S Salud, Wellmark, and Hawaii Medical Service Association in multiple consolidated class actions (and related actions) challenging the structure of the Blue Cross Blue Shield system under the antitrust laws. Achieved favorable settlement with respect to the subscriber-side of the action.
• Recovery Village at Umatilla LLC v. Florida Blue et al.: Represented intervenor Blue Cross Blue Shield Association in breach of contract, unjust enrichment, and conspiracy case challenging payments by Blue Plans to out-of-network provider. Resulted in favorable settlement.

Other

• Sha-Poppin Gourmet Popcorn LLC v. JPMorgan Chase Bank, N.A et al.: Represented Ruth’s Chris in CARES Act lawsuit alleging unjust enrichment related to Paycheck Protection Program funds. Achieved dismissal of case.

Teach For America, Baltimore Corps 2010, Teacher in Baltimore City Public Schools

Kirkland & Ellis LLP, Summer Associate