Kimberly regularly represents clients in the litigation of complex matters, from inception through trials and appeals. Kimberly focuses on commercial litigation and class actions pending in federal court, including those based on breach of contract, unfair competition, trade secrets, consumer protection, business torts, employment issues and federal statutes. Although Kimberly represents a diverse client base, her primary industry knowledge focuses on consumer goods, retail, restaurants and hospitality.
Kimberly routinely defeats class certification and prevails on dispositive motions in high-exposure matters. Kimberly regularly litigates commercial business disputes, as well as employment claims. Her practice also includes defending clients in intellectual property disputes, including claims of trademark infringement and trademark dilution.
Representative Legal Matters
Representative Class Action Matters
- Secured court order granting motion to dismiss all claims while defending a global provider of logistics and contingency operations in a putative class action in the US District Court, Northern District of Texas. Dismissal upheld on appeal to US Fifth Circuit Court of Appeals.
- Obtained order granting summary judgment and denying motion for class certification as moot. Defended one of the largest US poultry producers in a putative class action filed in the Superior Court of Fulton County, Georgia, and removed to the US District Court, Northern District of Georgia.
- Successfully refuted 15+ separate putative class claims asserted against international luxury retailer, national home furnishings retailer and international consumer products retailer. Plaintiffs sought class certification and damages based on alleged privacy claims and violations of the Americans with Disability Act stemming from inaccessibility of retailers’ websites to blind or visually impaired customers.
- Secured denial of class certification and grant of summary judgment against each individual class representative/plaintiff while defending one of the nation's largest poultry producers in a putative class action filed in the US District Court, Western District of Arkansas.
- Defeated class certification twice in a putative class action filed in a state court in California and US District Court, Central District of California against a nationwide restaurant chain. Plaintiffs alleged misclassification of employees and violations of state fair labor standards. The putative class included current and former management employees in California, and damages were alleged to exceed USD 20 million.
Representative Commercial Matters
- Obtained pre-trial resolution after extensive discovery while defending an electrical industry parent and subsidiary in complex trade secret litigation pending in a Michigan state court.
- Defended a Fortune 500 entity in hostile takeover-related litigation filed with the US District Court, Northern District of Georgia. Secured dispositive discovery ruling and dismissal of take-over action.
- Defended a nationwide retail client in a discrimination action filed by its former chief executive officer in state court in Dallas, Texas.
Representative Intellectual Property Litigation Matters
- Secured an emergency temporary restraining order and permanent injunction in the US District Court, Northern District of Texas, for a large international compressor client. Complaint was based on counts of trademark infringement, trademark dilution, false designation of origin, patent infringement and unfair competition.
- Successfully defended an international cosmetic leader in trademark litigation in the US District Court, Central District of California. Plaintiffs' allegations included federal, state and common law claims of trademark infringement and unfair competition.
Professional Associations and Memberships
- State Bar of Texas - Member
- State Bar of California - Member
- Law360 - Hospitality Advisory Board Member
- American Bar Association - Co-Chair Trade Secret Committee of Intellectual Property Section; Litigation Section Member
- Dallas Bar Association - Business Litigation Section
- Parish Episcopal School, Board of Trustees Member and Chair of Risk Management Committee, 2011-present
- Volunteer, Cub Scout Den Leader, Boy Scouts of America, 2011-present
- Volunteer, Salvation Army, 1999-present
- Volunteer, Habitat for Humanity, 1999-present
- Volunteer, Susan G. Komen Race for the Cure, 1999-present
- Volunteer, Love of the Lake (White Rock Lake), 2011-present
- Volunteer, National Charity League, 2017-present
- Hiring Partner, Baker McKenzie, 2005-2013
- Member, Baker McKenzie's Recruiting & Hiring Committee, 2000-2016
- Pro bono legal counsel, Baker McKenzie's Pro Bono Program, 1999-present
- Texas~United States (1999)
- California~United States (1996)
- U.S. Court of Appeals, Fifth Circuit~United States (2015)
- U.S. Court of Appeals, Eighth Circuit~United States (2006)
- U.S. Court of Appeals, Tenth Circuit~United States (1999)
- U.S. Court of Appeals, Eleventh Circuit~United States (2007)
- U.S. District Court, Northern District of California~United States (2001)
- U.S. District Court, Central District of California~United States (2000)
- U.S. District Court, Southern District of California~United States (1996)
- U.S. District Court, Northern District of Texas~United States (1999)
- U.S. District Court, Eastern District of Texas~United States (1999)
- U.S. District Court, Southern District of Texas~United States (1999)
- U.S. District Court, Western District of Texas~United States (2007)
- Boston University (J.D.) (1996)
- Johns Hopkins University (B.A.) (1993)