Kimberly Rich represents and defends clients in all aspects of intellectual property disputes and counseling clients in protecting their intellectual property assets under international, federal and state law. Ms. Rich’s practice focuses on representing and defending clients in all facets of intellectual property litigation, including but not limited to trademark infringement litigation, patent infringement litigation and trade secret litigation. Ms. Rich also possesses extensive experience defending commercial business disputes in federal and state courts. Ms. Rich is involved in the resolution of class actions, collective actions and employment litigation.

Practice Focus

Ms. Rich regularly represents clients in state and federal court proceedings throughout the country. She primarily handles intellectual property disputes before various federal courts, the International Trade Commission and the Trademark Trial and Appellate Board.

In addition, a significant amount of Ms. Rich’s practice focuses on class and collective actions pending in federal court, including class actions based on employment issues, breach of contract, unfair competition, consumer protection, business torts, securities, trade secrets, antitrust, Racketeering Influenced and Corrupt Organizations (RICO) and federal statutes. She has successfully defeated class certification in a number of high-exposure putative class actions in recent years.

Ms. Rich is admitted to practice in both Texas and California and has been granted pro hac vice admission to practice in more than a dozen other jurisdictions. Ms. Rich commenced her legal career in California defending large multi-party actions and continues to defend complex actions in a variety of venues in California, Texas and throughout the country.

Representative Legal Matters

Representative Intellectual Property Litigation Matters

• Defended technology company in action in US District Court, District of New Jersey. Plaintiff’s allegations included federal, state and common law trademark infringement, trademark dilution and unfair competition.
• Defended a national food supplier in trademark and trade dress action in US District Court, Western District of Pennsylvania. Plaintiff alleged two counts of trademark infringement, trademark dilution, false designation of origin and unfair competition.
• Defended national cellular service provider in multiple patent infringement litigation in US District Courts, Eastern District of Texas, District of Massachusetts, Western District of North Carolina and Northern District of California.
• Defended bank in multiple patent infringement cases in US District Court, Eastern District of Texas.
• Defended international cosmetic leader in trademark litigation in US District Court, Central District of California. Plaintiffs’ allegations included federal, state and common law claims of trademark infringement and unfair competition.

Representative Class Action Matters

• Defended two class actions filed in state court in Oklahoma against more than 700 restaurants. Plaintiffs alleged violations of Oklahoma liquor tax laws, breach of contract and violation of the Oklahoma Consumer Protection Action. The putative class included consumers who were overcharged when purchasing mixed alcoholic beverages in restaurants in Oklahoma.
• Defended two putative class actions filed in the US District Court, Central District of California. Plaintiffs alleged that Defendant violated Section 1681c(g) of the Fair and Accurate Credit Transactions Act (FACTA). Plaintiffs claimed Defendant willfully violated FACTA and were therefore entitled to statutory damages for several hundred thousand credit/debit card transactions. The putative class included patrons who used credit/debit cards for purchases in California.
• Defended multiple putative class actions filed in US District Courts, Central and Northern Districts of California and Western and Northern Districts of Texas and consolidated in US District Court, Northern District of Texas. Plaintiffs asserted claims under Racketeer Influenced and Corrupt Organizations Act (RICO), unfair competition, breach of contract and breach of fiduciary duty. The putative nationwide class included purchasers of life settlements.
• Defended putative class action filed in state court in Los Angeles. Plaintiffs alleged violations of the Consumer Legal Remedies Act and Business and Professions Code § 17200, as well as other statutory and common law claims relating to the sale and use of gift cards. The putative class included patrons who purchased gift cards or gift certificates in California.
• Defended putative class action filed in state court in Los Angeles and removed to US District Court, Central District of California. Plaintiffs alleged violations of the Americans with Disabilities Act, California Unruh Civil Rights Act and the California Disabled Persons Act. The putative class included mobility impaired/wheelchair-bound persons in California.

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Professional Associations and Memberships

• State Bar of Texas - Member
• State Bar of California - Member
• American Bar Association - Intellectual and Litigation Sections
• Dallas Bar Association - Intellectual Property Law, Business Litigation and Trial Skills Sections
• Women in Foodservice Forum - Member
• International Trademark Association (INTA) - Member

Corporate Social Responsibility

• Pro Bono legal counsel, Baker & McKenzie's Pro Bono Program
• Volunteer, Salvation Army
• Volunteer, Susan G. Komen Race for the Cure
• Volunteer, Habitat for Humanity
• Member of North Texas Chapter Leadership Committee, Johns Hopkins University Alumni, North Texas Chapter
• Member of Risk Management and Audit Committee, Parish Episcopal School
• Co-leader for Cub Scout Den, Boy Scouts
• Treasurer for Brownies Troop, Girl Scouts

Admission

U.S. District Court, Western District of Texas~United States (2007)
U.S. Court of Appeals, Eleventh Circuit~United States (2007)
U.S. Court of Appeals, Eighth Circuit~United States (2006)
U.S. District Court, Northern District of California~United States (2001)
U.S. District Court, Central District of Calif.~United States (2000)
U.S. District Court, Southern District of Texas~United States (1999)
U.S. District Court, Eastern District of Texas~United States (1999)
Texas~United States (1999)
U.S. Court of Appeals, Tenth Circuit~United States (1999)
U.S. District Court, Northern District of Texas~United States (1999)
California~United States (1996)
U.S. District Court, Southern District of California~United States (1996)

Education

Boston University  (J.D.) (1996)
Johns Hopkins University  (B.A.) (1993)