Kathryn Jordan Mims

Partner, Washington, DC

Biography

Overview

Kathryn Mims is a partner in the Firm's Global Antitrust/Competition practice group. Kathryn's practice focuses on complex antitrust litigation—including class actions, government enforcement actions, and merger enforcement actions—as well as counseling clients in antitrust matters and representing clients in governmental investigations (FTC, DOJ, and state AG). Kathryn has significant experience in a wide variety of industries including pharmaceutical & healthcare, tech, energy and oil & gas, financial services, and consumer products.

For four years in a row, The Legal 500 US has recognized Kathryn as one of 11 Next Generation Partners nationwide for Antitrust: Civil Litigations/Class Actions: Defense (2021-2024). A client described her as "professional, competent, efficient, knowledgeable, and personal" but "[m]ore noteworthy is that she is commercial, practical, and solution-oriented. She is truly a client's lawyer." (2024).

The National Law Journal honored Kathryn with the award of Rising Star among all lawyers in Washington, DC in 2024. Kathryn is also a Lawdragon Leading Litigator (2022-2025) and Women in Business Law shortlisted her for the award of Antitrust Lawyer of the Year two years in a row (2023, 2024) as well as for Rising Star in Litigation (2021). She is a frequent author on a wide range of antitrust/competition issues has been quoted in publications such as the Financial Times and Law360.

Bars and Courts
District of Columbia
Virginia
New York
US District Court for the District of Columbia
US District Court for the Southern District of New York
US District Court for the Eastern District of Virginia
US District Court for the Western District of Virginia
US Court of Appeals for the Second Circuit
Education
JD
University of Virginia
BA
Tufts University
Languages
English

Experience

In re Xyrem Antitrust Litigation – Representing Hikma Pharmaceuticals against so-called "reverse payment" allegations relating to Jazz Pharmaceuticals' landmark drug, Xyrem. Trial set for 2025.

In re Gerber Heavy Metals Baby Foods Litigation – Defending Gerber in class action stemming from Congressional report on presence of heavy metals in baby food.

Norton LifeLock / Avast – Represent Avast on US antitrust merger clearance for its $9.2 billion merger with Norton LifeLock.

Nestle v. Motion Industries, Inc. – Represent Nestle USA in action against hardware manufacturer to recover damages for nationwide cookie dough recall.

US v. Grupo Verzatec – Defense of Grupo Verzatec against antitrust challenges to proposed merger.

Pfizer v. Johnson & Johnson – Representing Pfizer in ground-breaking litigation challenging Johnson & Johnson's efforts to deter biosimilar competition in respect of its blockbuster biologic, Remicade.

US v. Anthem – Defense of Anthem, Inc. against US the Department of Justice's lawsuit to block its US$54.2 billion acquisition of Cigna Corporation, the largest merger ever in the health insurance industry. Kathryn was a critical member of the trial team; she took and defended a number of key depositions, was responsible for preparing several company executives for trial testimony, and was lead drafter on significant briefs.

In re Aggrenox Antitrust Litigation – Defense of pharmaceutical company Boehringer Ingelheim against allegations of an anticompetitive "reverse payment" patent settlement relating to the blockbuster drug Aggrenox®. Kathryn helped manage the case through the Multi-District Litigation (MDL) process, oversaw discovery including the production of millions of documents, the use of contract reviewers, and negotiations with opposition counsel, and Kathryn drafted and presented oral argument before the Second Circuit, which affirmed the challenged class action settlement.

Advise clients on distribution pricing issues under the Robinson-Patman Act.

Doryx – Defended Allegan/Warner Chilcott against competitor Mylan's claims challenging Warner Chilcott's transition to new versions of its Doryx® acne treatment. Kathryn was a member of the team that won dismissal of all of the plaintiff's claims on summary judgment—the first ever full evidentiary record victory for a defendant in a so-called pharmaceutical "product hopping" litigation.

Former employee of a leading commodities broker – Represented client in an alleged US$600 million fraud involving the valuation of natural gas options positions by a major Canadian bank.

Pilot Travel Centers LLC, Pilot Flying J – Defense of largest over-the-road diesel provider in the US, as national in more than 20 putative class actions.

Speaking Engagements

Presenter, Tokyo Back-to-Business Seminar, Reimagining Globalization:  The Rise of National Antitrust, 2022

Presenter, University of Southern California Global Competition Law Thought Leadership Conference, Competition in the Media Space, 2022

Presenter, Tokyo Back-to-Business Seminar, U.S. Antitrust Policy 2021:  The evolution revolution continues, 2021

Presenter, Global Competition Review, GCR Interactive: Women in Antitrust Conference, 2020

Publications

"Emerging Insights on Antitrust Issues in Labor Markets:  Growing International Enforcer Concern for Worker Welfare," Concurrences, 2024

"Non-Competes: If You Can't Use Them There, Can You Use Them Anywhere? What New York's Potential Non-Compete Ban Adds to the Labor and Antitrust Conversation," Competition Policy International, August 2023

"New Year, New Venue Law: Newly Passed Law Means State Attorneys General Can Avoid Having Their Antitrust Cases Consolidated in Multidistrict Litigation," January 2023

"DOJ Announces Seven Director Resignations from Five US Public Company Boards in the Most Recent Wave of Reinvigorated Clayton Act Section 8 Enforcement," October, 2022

"Federal District Court holds that California's anti reverse payment law is enforceable, but only against settlements 'negotiated, completed, or entered' in California," March, 2022

"Four key antitrust events in Q4 2021 target labor markets and aim to protect workers: Here's what you need to know," January, 2022

"No-poach agreements on the European Commission dawn raid radar," November, 2021

"Analysis: FTC Encouraged to Ban or Limit Non-Compete Agreements in July 9, 2021 Executive Order; Breaks With Tradition, And Follows Trend of Heightened Antitrust Focus on Labor Markets," July, 2021

"What Does President Biden's July 9, 2021 Executive Order on Competition Mean for the Pharma Industry?," July, 2021

"New York's Sweeping New Antitrust Bill—Requiring NY State Premerger Notification ($9.2M Filing Threshold) and Prohibiting "Abuse of Dominance"—Inches Closer to Becoming Law," June, 2021

"DOJ Antitrust Division quietly walks back prior administration-era support of Standard Essential Patent holders," May, 2021

"How Defense Production Act May Affect Vaccine Supply Chain," Law360, January, 2021

"Primer: What Companies in the COVID-19 Vaccine Supply Chain Need to Know about the Defense Production Act," January, 2021

"The New Transatlantic Attack on High Prices: Price Gouging," Competition Policy International, September, 2020

"Competitor collaboration: From combatting COVID-19 to the climate crisis," Westlaw, September, 2020

"For COVID-19 Competitor Collaborations, DOJ Antitrust Division's "Business Review Letter" Offers Easy and Likely Effective Antitrust Protection," April, 2020

"COVID-19 Triggers DOJ and State AG Initiatives, and a Proposed Federal Addition to United States' Price Gouging Framework," April, 2020

"CARES Act Provides No Relief from Antitrust Laws, but Deference on COVID-19-Related Coalitions from DOJ/FTC Will Be Fact-Specific," March, 2020

Awards and Recognition

The Legal 500, "Next Generation Partner" for Antitrust Civil Litigations/Class Actions: Defense (2021, 2022, 2023, 2024)

The National Law Journal, "DC Rising Stars Winner" (2024)

Shortlisted, Women in Business Law Awards, Rising Star in Litigation (2021, 2024)

Lawdragon Leading Litigator (2022, 2023, 2024, 2025)

The AmLaw Litigation Daily, Runner-Up Litigator of the Week (October 21, 2022)