White & Case (Washington)

Kathryn Jordan Mims

White & Case (Washington)
Partner

Kathryn Mims is an antitrust partner in the Firm’s Global Competition and Antitrust practice group, an award-winning practice that has been named Competition Group of the Year for the past six years by Law360. 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. 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 Multidistrict Litigation ("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 has also been supportive of the Firm’s commitment 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. Ms. Mims began her White & Case career in the Firm’s New York office. Prior to joining the Firm, Ms. Mims 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, Ms. Mims served on the Virginia Law and Business Review and was a Presiding Justice of the Moot Court Board.

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Articles

2847 Bulletin

Alison Perry, Adam Acosta, Eric Grannon, Kathryn Jordan Mims The US District Court for the Eastern District of California holds that California’s anti-reverse payment law is enforceable, but only against settlements negotiated or completed in California (Association for Accessible Medicines / Rob Bonta)

288

In February 2022, the US District Court for the Eastern District of California held that California Assembly Bill 824—which established a first-of-its kind presumption that certain pharmaceutical patent settlements are anticompetitive and which the California Attorney General had previously been (...)

Tilman Kuhn, Strati Sakellariou-Witt, Mark J. Gidley, Kathryn Jordan Mims, George Paul, Mark D. Powell, Cristina Caroppo, Peter Citron The EU Commission plans a series of dawn raids to investigate anticompetitive practices in labor markets

266

No-poach agreements on the European Commission dawn raid radar* In a speech on 22 October 2021, EU Competition Commissioner Margrethe Vestager revealed that the European Commission was planning a series of dawn raids for the months to come. She highlighted that the European Commission is not (...)

Jaclyn Phillips, Abdul Hafiz, Trina Shek Rizzo, Kathryn Jordan Mims The US DoJ quietly walks back prior administrative-era support of standard essential patent holders over standard-setting organizations and patent licensees

206

The Department of Justice’s Antitrust Division has taken a first step in changing its view of IP rights, particularly where Standard Essential Patents ("SEPs") are at issue. Under the Trump Administration, the Division’s policy swung in favor of SEP innovators over standard-setting organizations (...)

Michael Gallagher, Kristen O’Shaughnessy, Kathryn Jordan Mims, Kevin Adam, Jaclyn Phillips The US President Joe Biden publishes an executive order containing 72 initiatives to address competition concerns in several industries, including pharmaceuticals, biotech, and healthcare

691

Citing concerns about growing consolidation, reduced competition, and increasing prices, President Biden issued on July 9, 2021 a sweeping Executive Order containing 72 initiatives to address competition concerns in a number of industries, including pharmaceuticals, biotech, and healthcare. In (...)

Mark J. Gidley, George Paul, Jack E. Pace, Kathryn Jordan Mims, Kristen O’Shaughnessy, Kevin Adam, Jaclyn Phillips, Abdul Hafiz, Erin McNamee The US President Joe Biden signs an executive order instructing more than a dozen federal agencies to promptly tackle some of the most pressing competition problems across the national economy

555

A new Executive Order signed by President Biden includes 72 initiatives instructing more than a dozen federal agencies, including the US Department of Justice and the Federal Trade Commission, to, according to the White House’s Fact Sheet, "promptly tackle some of the most pressing competition (...)

Mark J. Gidley, Kathryn Jordan Mims, Kristen O’Shaughnessy, Erin McNamee, Kevin Adam, Jaclyn Phillips, Abdul Hafiz, Tal Marnin The US President Joe Biden signs an executive order which includes 72 initiatives aimed at enhancing competition and a directive encouraging the US FTC to ban or limit employee non-compete agreements

190

On Friday, July 9, 2021, President Biden signed Executive Order 14036, Promoting Competition in the American Economy, which includes—among 72 initiatives aimed at enhancing competition in the US—a directive encouraging the Federal Trade Commission to ban or limit employee non-compete agreements. (...)

Mark J. Gidley, George Paul, Rebecca H. Farrington, Martin M. Toto, Kathryn Jordan Mims, Michael E. Hamburger, Daniel Rosenthal, Adam Acosta, Jaclyn Phillips The US State of New York Senate adopts a legislation prohibiting abuse of dominance and requiring new thresholds for the State’s pre-merger notification system

269

While Congress has been the epicenter of an ongoing antitrust debate—with US legislators on both sides of the aisle urging vast reforms—the New York State legislature is pursuing a state bill that would arguably ensnare more conduct and transactions in antitrust law’s web than anything proposed, (...)

Mark J. Gidley, Martin M. Toto, Kathryn Jordan Mims, Jaclyn Phillips, Trina Shek Rizzo, Michael Mahaffey The US DoJ issues its first business review letter under the DoJ-FTC expedited COVID-19 competitor collaboration review procedures, blessing several medical supply companies to work together to produce and distribute protective equipment (McKesson / Owens & Minor / Cardinal Health / Medline Industries / Henry Schein)

179

On April 4, 2020, the Antitrust Division of the Department of Justice issued its first Business Review Letter under the DOJ-FTC joint expedited COVID-19 competitor collaboration review procedures, blessing several medical supply companies to work together to produce and distribute personal (...)

Michael Gallagher, Regina Loureiro, Allain Andry, Mark J. Gidley, Kathryn Jordan Mims, Noah A. Brumfield The US DoJ and State Attorney-General propose federal additions to the Price Gouging Framework following the COVID-19 pandemic

136

Price gouging enforcement has largely been left to the States with their patchwork of varying laws—laws that have been invoked sporadically in crises. While the COVID-19 crisis has reportedly led to increased state enforcement, the federal government has taken a larger role, including Justice (...)

Jaclyn Phillips, Trina Shek Rizzo, Kathryn Jordan Mims, Mark J. Gidley The US Senate passes the CARES Act as a response to the COVID-19 crisis and tackles numerous issues on several fronts to stabilise the economy

67

The Coronavirus Aid, Relief, and Economic Security ("CARES") Act provides no modifications to, or relief from, the US antitrust laws (specifically, the Sherman Act, 15 U.S.C. §§ 1-38; Clayton Act, 15 U.S.C. § 12-27; and Robinson-Patman Act, 15 U.S.C. § 13). But some major businesses are forming (...)

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