Kathryn Jordan Mims

Partner, Washington, DC

Biography

Overview

Kathryn Mims is an antitrust partner in the Firm's Global Antitrust/Competition practice group. Kathryn's practice focuses on complex commercial litigation and counseling clients in antitrust matters.

Kathryn's work often includes defending international corporations in large-scale, high-risk litigations, including class actions, opt out actions, and merger enforcement actions.

In 2021, Kathryn was shortlisted as a Rising Star in Litigation for Women in Business Law awards (winners not yet announced). Legal 500 recognized Kathryn as one of 11 Next Generation Partners nationwide for Antitrust Civil Litigations/Class Actions: Defense. A client described her as "knowledgeable, approachable/personable efficient and diligent" (2021). In 2020, Global Competition Review recognized Kathryn in its Washington, DC rankings. She is a frequent author on a wide range of antitrust/competition issues and is often quoted in publications such as Law360.

Kathryn represents clients in antitrust disputes before state and federal courts across the country. She has extensive experience in every stage of litigation, from action inception, through dispositive motions, multi-jurisdictional discovery, settlement negotiations, and trial.

Kathryn also has significant experience representing corporate and individual clients in commercial disputes. Kathryn has defended nationwide class actions involving allegations of fraud, violations of the Racketeer Influenced and Corrupt Organizations Act (RICO) and violations of state consumer protection acts, handling these matters through the MDL process and achieving a favorable global settlement. She has represented individual clients in substantial banking fraud allegations, and she advises financial institution clients on a variety of banking and bank regulatory disputes.

Kathryn is committed to pro bono service; she has helped criminally convicted clients appeal unfair sentences and 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 in 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.

Bars and Courts
District of Columbia Bar
Virginia State Bar
New York State Bar
US District Court for the District of Columbia
US District Court for the Southern District of New York
US District Court for the Eastern District of Virginia
US District Court for the Western District of Virginia
US Court of Appeals for the Second Circuit
Education
JD
University of Virginia
BA
Tufts University
Languages
English

Experience

  • 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.
  • In re Xyrem Antitrust Litigation – Representing Hikma Pharmaceuticals against so-called "reverse payment" allegations relating to Jazz Pharmaceuticals’ landmark drug, Xyrem.
  • 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.
  • Former employee of a leading commodities broker – Represented a former employee of a leading commodities broker in an alleged US$600 million fraud involving the valuation of natural gas options positions by a major Canadian bank.
  • Leading European global financial institution – Defended a large, leading European financial institution against antitrust and other allegations brought in multiple class action litigations relating to the setting of foreign interbank rates.
  • 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.
  • 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.
  • International Europe-based bank – Advised large international bank on Iranian sanctions compliance and risk exposure and mitigation.
  • Advise clients on distribution pricing issues under the Robinson-Patman Act.
Publications

"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

Presenter, Global Competition Review, GCR Interactive: Women in Antitrust Conference, 2020

"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

Awards and Recognition

Recognized as a Next Generation Partner in Antitrust Civil Litigations/Class Actions: Defense by Legal 500 US, 2021

Shortlisted as a Rising Star in Litigation for Women in Business Law awards, 2021

Recognized in Washington, D.C. rankings by Global Competition Review, 2020