Kathryn Jordan Mims
Kathryn Mims is a partner in the Firm's Global Antitrust/Competition practice group. Kathryn's practice focuses on complex antitrust litigation and investigations—including class actions, government enforcement actions and investigations, and merger enforcement actions—as well as counseling clients in antitrust matters and in antitrust compliance. She has significant experience representing clients before the US Department of Justice Antitrust Division, Federal Trade Commission (including in consumer protection matters), and against private plaintiffs.
For two years in a row, The Legal 500 US has recognized Kathryn as one of 11 Next Generation Partners nationwide for Antitrust Civil Litigations/Class Actions: Defense (2021 & 2022). A client described her as "knowledgeable, approachable/personable efficient and diligent" (2021). She is a Lawdragon Leading Litigator (2022) and was shortlisted as a Rising Star in Litigation for Women in Business Law awards (2021). She is a frequent author on a wide range of antitrust/competition issues and is often quoted in publications such as Law360.
Kathryn is committed to pro bono service; she recently defended an indigent client in a white collar trial for campaign finance violations. She also represented the faculty of Sweet Briar College in a lawsuit against the school's board of directors when the school threatened to permanently close, and achieved a settlement requiring the school to remain in operation.
She began her White & Case career in the Firm's New York office.
Prior to joining the Firm, Kathryn was a Fellow with the Office of the Federal Public Defender for the Eastern District of Virginia, where she defended indigent clients in criminal matters ranging from drug offenses to international terrorism, piracy and campaign finance violations.
During law school, she served on the Virginia Law and Business Review and was a Presiding Justice of the Moot Court Board.
In re Gerber Heavy Metals Baby Foods Litigation – Defending Gerber in class action stemming from Congressional report on presence of heavy metals in baby food.
Norton LifeLock / Avast – Represent Avast on US antitrust merger clearance for its $9.2 billion merger with Norton LifeLock.
In re Xyrem Antitrust Litigation – Representing Hikma Pharmaceuticals against so-called "reverse payment" allegations relating to Jazz Pharmaceuticals' landmark drug, Xyrem.
Nestle v. Motion Industries, Inc. – Represent Nestle USA in action against hardware manufacturer to recover damages for nationwide cookie dough recall.
US v. Grupo Verzatec – Defense of Grupo Verzatec against antitrust challenges to proposed merger.
Pfizer v. Johnson & Johnson – Representing Pfizer in ground-breaking litigation challenging Johnson & Johnson's efforts to deter biosimilar competition in respect of its blockbuster biologic, Remicade.
US v. Anthem – Defense of Anthem, Inc. against US the Department of Justice's lawsuit to block its US$54.2 billion acquisition of Cigna Corporation, the largest merger ever in the health insurance industry. Kathryn was a critical member of the trial team; she took and defended a number of key depositions, was responsible for preparing several company executives for trial testimony, and was lead drafter on significant briefs.
In re Aggrenox Antitrust Litigation – Defense of pharmaceutical company Boehringer Ingelheim against allegations of an anticompetitive "reverse payment" patent settlement relating to the blockbuster drug Aggrenox®. Kathryn helped manage the case through the Multi-District Litigation (MDL) process, oversaw discovery including the production of millions of documents, the use of contract reviewers, and negotiations with opposition counsel, and Kathryn drafted and presented oral argument before the Second Circuit, which affirmed the challenged class action settlement.
Advise clients on distribution pricing issues under the Robinson-Patman Act.
Doryx – Defended Allegan/Warner Chilcott against competitor Mylan's claims challenging Warner Chilcott's transition to new versions of its Doryx® acne treatment. Kathryn was a member of the team that won dismissal of all of the plaintiff's claims on summary judgment—the first ever full evidentiary record victory for a defendant in a so-called pharmaceutical "product hopping" litigation.
Former employee of a leading commodities broker – Represented client in an alleged US$600 million fraud involving the valuation of natural gas options positions by a major Canadian bank.
Pilot Travel Centers LLC, Pilot Flying J – Defense of largest over-the-road diesel provider in the US, as national in more than 20 putative class actions.
Presenter, Tokyo Back-to-Business Seminar, Reimagining Globalization: The Rise of National Antitrust, 2022
Presenter, University of Southern California Global Competition Law Thought Leadership Conference, Competition in the Media Space, 2022
Presenter, Tokyo Back-to-Business Seminar, U.S. Antitrust Policy 2021: The evolution revolution continues, 2021
Presenter, Global Competition Review, GCR Interactive: Women in Antitrust Conference, 2020
"DOJ Announces Seven Director Resignations from Five US Public Company Boards in the Most Recent Wave of Reinvigorated Clayton Act Section 8 Enforcement," October, 2022
"Federal District Court holds that California's anti reverse payment law is enforceable, but only against settlements 'negotiated, completed, or entered' in California," March, 2022
"Four key antitrust events in Q4 2021 target labor markets and aim to protect workers: Here's what you need to know," January, 2022
"No-poach agreements on the European Commission dawn raid radar," November, 2021
"Analysis: FTC Encouraged to Ban or Limit Non-Compete Agreements in July 9, 2021 Executive Order; Breaks With Tradition, And Follows Trend of Heightened Antitrust Focus on Labor Markets," July, 2021
"What Does President Biden's July 9, 2021 Executive Order on Competition Mean for the Pharma Industry?," July, 2021
"New York's Sweeping New Antitrust Bill—Requiring NY State Premerger Notification ($9.2M Filing Threshold) and Prohibiting "Abuse of Dominance"—Inches Closer to Becoming Law," June, 2021
"DOJ Antitrust Division quietly walks back prior administration-era support of Standard Essential Patent holders," May, 2021
"How Defense Production Act May Affect Vaccine Supply Chain," Law360, January, 2021
"Primer: What Companies in the COVID-19 Vaccine Supply Chain Need to Know about the Defense Production Act," January, 2021
"The New Transatlantic Attack on High Prices: Price Gouging," Competition Policy International, September, 2020
"Competitor collaboration: From combatting COVID-19 to the climate crisis," Westlaw, September, 2020
"For COVID-19 Competitor Collaborations, DOJ Antitrust Division's "Business Review Letter" Offers Easy and Likely Effective Antitrust Protection," April, 2020
"COVID-19 Triggers DOJ and State AG Initiatives, and a Proposed Federal Addition to United States' Price Gouging Framework," April, 2020
"CARES Act Provides No Relief from Antitrust Laws, but Deference on COVID-19-Related Coalitions from DOJ/FTC Will Be Fact-Specific," March, 2020
The Legal 500, "Next Generation Partner" for Antitrust Civil Litigations/Class Actions: Defense (2022)
The AmLaw Litigation Daily, Runner-Up Litigator of the Week (October 21, 2022)
Lawdragon Leading Litigator (2022)
The Legal 500, "Next Generation Partner" for Antitrust Civil Litigations/Class Actions: Defense (2021)
Shortlisted, Women in Business Law Awards, Rising Star in Litigation (2021)