Kathryn E. Deal focuses her practice on defending clients at complex civil trials and in class action litigation. At jury trials, bench trials and arbitration hearings, Kate has successfully represented corporate clients in the pharmaceutical, investment banking, manufacturing, and retail industries on a variety of claims, including securities fraud, products liability, unlawful discrimination, unfair trade practices, and trademark infringement. She also regularly defends clients in putative class actions and has experience managing concurrent class, mass, and individual proceedings in a national counsel role. Her class action experience includes defending claims under consumer protection statutes, privacy laws, anti-discrimination legislation, and federal and state RICO statutes.
- Represented a global investment bank and two investment professionals in a nine-day arbitration hearing involving multimillion-dollar claims of securities and common law fraud; won on the merits and obtained expungement for the individual clients.
- Represented a national association of colleges and universities in federal jury trial involving claims of unlawful disability discrimination; won jury verdict on all counts.
- Represented a manufacturing company in federal jury trial involving employment discrimination claims; won jury verdict on all counts.
- Represented a medical device manufacturer in state jury trial involving claims of product defect and failure to warn; won jury verdict on all counts.
- Represented a prominent clothing and apparel retailer and manufacturer as the plaintiff in a federal bench trial and preliminary injunction hearing involving claims of trademark infringement and unfair competition against a competitor; obtained both preliminary and permanent injunctive relief and a seven-figure award of attorneys’ fees under the exceptional case provision of the Lanham Act.
- Represented a pharmaceutical manufacturer at bellwether trials in Philadelphia’s mass tort program and on appeal.
- Represents a national oil and gas producer in numerous putative class actions, mass actions, and individual lawsuits and arbitration proceedings involving royalty disputes, RICO claims, antitrust claims, contract claims, and tort claims.
- Represents a national petroleum and petrochemical manufacturer in a putative consumer class action challenging sales and advertising practices related to its co-branded credit card program.
- Represented the same petroleum company in a putative consumer class action challenging sales and advertising practices related to its gift card program; leveraged a voluntary dismissal prior to discovery after filing a motion to dismiss.
- Represented a national association of colleges and universities in two putative class actions alleging unlawful gender discrimination and violations of state and federal RICO statutes; won dismissal of all counts on motions to dismiss prior to discovery.
- Represented the largest national retail bookseller in a putative class action alleging warranty claims related to e-reader products; worked with co-counsel to leverage a voluntary dismissal prior to discovery after filing a motion to dismiss.
- Represented a large pharmaceutical company in a third-party payor class action; won dismissal of all claims on motions prior to class certification.
- Represented a large medical device manufacturer in state court appeal of products liability claims; obtained reversal of a $5 million jury verdict and an order directing entry of judgment as a matter of law in favor of that client.
Awards Methodology (www.drinkerbiddle.com/content/awards)
- New Jersey
- Georgetown University Law Center, J.D., 2004, cum laude
- Cornell University, B.A., 2001, magna cum laude
- U.S. Court of Appeals, Third Circuit
- U.S. District Court, District of New Jersey
- U.S. District Court, Eastern District of Pennsylvania
- Leadership Council of Community Legal Services of Philadelphia
- University of Pennsylvania Law School American Inn of Court, Barrister
- LEADERSHIP Philadelphia, Core Class 2014