Justin O. Kay focuses on defending complex civil matters in federal court, state court, and before federal agencies. He is a regular contributor to the TCPA blog, a defense-oriented resource analyzing TCPA-related litigation and regulatory developments. Justin is a member of the firm’s Class Actions Team and Telephone Consumer Protection Act Team.
Prior to his legal career, Justin served as an Intelligence Officer for the Department of Defense’s National Geospatial Intelligence Agency.
Justin’s consumer class action defense practice focuses on counseling and defending corporations in cases involving federal and state consumer protection laws. His experience includes defending claims involving the TCPA, the Fair and Accurate Credit Transaction Act (FACTA) and various other state and federal consumer protection statutes.
- Currently assisting with and/or leading defense of TCPA/consumer class action cases filed against numerous clients, including one of the nation’s largest providers of transportation and logistics and one of the world’s largest broadcasting/media companies.
- Assisted with the defense of one of the nation’s largest pharmacy chains in a TCPA class action challenging a patient outreach program.
- Assisted with the representation of several of the nation’s largest retailers in roughly a dozen consumer class actions challenging the efficacy of a popular nutritional supplement; helped use dismissal asserting novel Rule 8 plausibility theory in Eckler v. Wal-Mart Stores, Inc., No. 12cv727 (S.D. Cal. Nov. 1, 2012) to leverage nationwide settlement and obtain court approval of settlement (over objections) for less than $3 million (including all attorneys’ fees and costs of notice).
- Assisted in representation of national retailer in defending purported national class action challenging a popular dietary supplement—case settled for a nominal amount without a class being certified.
- Assisted in representation of health care provider in defending purported national class action alleging violations of FACTA—obtained court approval of a class-wide voucher settlement costing (including all attorneys’ fees and costs of notice) less than .025 percent of the potential exposure.
- Assisted in representation of manufacturer of consumer products in defending purported national class action challenging warranty practices and disclosures—case settled for a nominal amount without a class being certified.
- Assisted in representation of automobile rental company in defending purported national class action challenging certain standard charges in the consumer rental contract—case settled for a nominal amount without a class being certified.
Justin defends corporations and individuals in cases involving the federal securities laws and state corporate governance statutes. His experience includes defending claims involving Rule 10b-5 and Control Person Liability, and tender offer and shareholder derivative litigation. Justin also represents corporations and individuals involved in investigations before the Securities and Exchange Commission.
- Assisted in representation of tender offer target in defending a shareholder class action in Delaware Chancery Court; helped win important decision setting tough standards for fee awards to class counsel. See In re Sauer-Danfoss, Inc. Shareholders Litig., 2011 Del. Ch. LEXIS 64 (Apr. 29, 2011); “Delaware’s Laster Slashes Plaintiffs’ Fee Request by 95 Percent in Sauer-Danfoss Case,” American Lawyer Litigation Daily (May 5, 2011).
- Assisted in representation of a pharmaceutical company in defending a securities fraud shareholder class action challenging the company’s valuation of auction rate securities—obtained court approval of a class-wide settlement of less than $2 million (including all attorneys’ fees and costs of notice) in a case involving a single day, $600 million drop in market value. Also helped win dismissal of related shareholder derivative suit.
- Assisted in representation of issuer with offshore operating subsidiaries in successfully defending an SEC investigation of the subsidiaries’ off-shore tax status; SEC rejected “whistleblower” allegations and closed investigation without taking enforcement action.
Justin also has a broad array of experience advising and representing clients in general litigation and appellate matters.
- Assisted in representation of former construction company in defending claims regarding fees asserted by company’s former attorneys; helped win dismissal of complaint by District Court and affirmance by the D.C. Circuit. See King & King, Chartered v. Harbert Int’l Inc., 503 F.3d 153 (D.C. Cir. 2007); King & King, Chartered v. Harbert Int’l Inc., 436 F. Supp. 2d 3 (D.D.C. 2006).
- Assisted major national wireless carrier in its process to reband the 800 MHz spectrum band through negotiations, mediations, arbitrations, and administrative actions before the Federal Communications Commission involving hundreds of incumbent private and public safety licensees.
Awards Methodology (www.drinkerbiddle.com/content/awards)
- District of Columbia
- University of Notre Dame Law School, J.D., 2005, cum laude
- Georgetown University, B.S.F.S., 2000
- U.S. Court of Appeals, District of Columbia Circuit
- U.S. District Court, District of Columbia
- U.S. District Court, Northern District of Illinois
- U.S. District Court, Eastern District of Wisconsin
- Evening Associates of the Art Institute of Chicago, Board Member