Kate S. O'Scannlain - Partner

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Kate S. O'Scannlain

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Washington, D.C.
Phone: +1 202-879-5250
Fax: +1 202-879-5200
Overview News

Professional Profile

Kate O’Scannlain is a partner in Kirkland’s Washington, D.C. office. Her practice focuses on the employment and labor law aspects of corporate transactions and private equity, employment law counseling, and employment litigation. This includes counseling and acquisition-related due diligence and risk assessment, post-acquisition labor and employment counseling, bankruptcy planning and execution, general corporate employment (e.g., executive terminations), traditional labor (National Labor Relations Act), employment-related compliance (e.g., revising Employee Handbooks and policies), federal and state discrimination charges and litigation, Fair Labor Standards Act compliance (and similar state wage and hour laws), and Worker Adjustment and Retraining Notification Act (WARN Act) and reductions-in-force counseling. Kate also advises on issues involving restrictive covenants, including non-competition and non-solicitation agreements.

Kate has an extensive background in commercial litigation in federal and state courts, and the mediation and arbitration of complex business disputes. She has been involved in a wide variety of complex commercial and class action litigation matters including contract disputes, insurance disputes, fraud and fiduciary duty claims, defamation claims, securities fraud, bankruptcy, discrimination claims, and ERISA matters.

Representative Matters

Represented BP regarding internal and external litigation communications and strategies related to the Deepwater Horizon accident and oil spill and related litigation and investigations (secondee to company, June 2014–December 2014).

Represented Clark Realty Capital in successful breach of contract action against Pulte Homes; obtained summary judgment establishing Pulte’s breach and, after six-day bench trial, a specific performance order as well as an award for Kirkland fees and costs.

Represented insurance companies in a wide array of commercial and residential property insurance lawsuits arising from Hurricane Katrina and Hurricane Ike. Obtained successful results for clients in these matters related to disputed removals to federal court, motions to dismiss, motions to compel, and motions for summary judgment.

Represented several Fortune 500 companies in class action securities fraud and ERISA disputes.

Represented Jefferson Capital Systems in AAA arbitration matter involving alleged breaches of representations and warranties in an Asset Purchase and Forward Flow Agreement involving portfolios of charged-off credit card accounts.

Represented Constellation Energy Group in multi-district shareholder litigation regarding significant decline in Constellation's stock price in the midst of contraction of the global credit market and additional economic factors.

Pro bono representation of variety of indigent and not-for-profit clients on diverse matters including child-custody disputes, 501(c)(3) counseling, obtaining Combat Related Special Compensation for disabled Operation Iraqi Freedom veteran, and representation of indigent client in employment-related dispute before the DC Office of Human Rights. Regular volunteer at Archdiocesan Legal Aid Clinic of DC.

Memberships & Affiliations

Board Member, Notre Dame Law Association

Member, John Carroll Society

Member, Federalist Society

Past Board Member, University of Notre Dame's Washington, D.C. Magnificat School

Other Distinctions

Listed as a "Super Lawyer" by Super Lawyers magazine.

Prior Experience

Financial consultant for three years with Arthur Andersen, LLP in Chicago, IL
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