Kathleen Clair is an Antitrust Group associate in Crowell & Moring's Washington, D.C. office, where she represents clients in litigation, government investigations, and counseling matters.
She represents clients litigating conspiracy and monopolization claims under Sections 1 and 2 of the Sherman Antitrust Act. Kathleen also represents a number of agricultural cooperatives and companies in matters related to agricultural antitrust immunities, including the antitrust exemption of the Capper-Volstead Act, 7 U.S.C. § 291, and is part of one of the nation's leading Capper-Volstead Act practices.
Kathleen's representative engagements include:
- Representing DuPont in defense of antitrust counterclaims brought by Kolon Industries for monopolization and attempted monopolization under Section 2 of the Sherman Act. In April 2012, on the eve of trial, the U.S. District Court for the Eastern District of Virginia granted summary judgment for DuPont and dismissed Kolon's counterclaims with prejudice. This was the second major win in Crowell & Moring's work for DuPont stemming from trade secrets litigation against Kolon. The first was a jury award of $919.9 million for DuPont for theft of trade secrets related to DuPont's Kevlar® business and technology.
- Representing companies in several industries facing Section 1 class action claims in multidistrict litigation.
- Successfully defending an agricultural cooperative in a DOJ antitrust investigation.
- Counseling clients on exclusivity and non-compete issues.
- Counseling agricultural clients on compliance with antitrust immunity provisions.
Kathleen also maintains an active pro bono practice, representing clients in Violence Against Women Act (V.A.W.A.), asylum, and civil rights matters.
Prior to joining Crowell & Moring, Kathleen served as a law clerk to the Honorable A. Richard Caputo of the U.S. District Court for the Middle District of Pennsylvania.
Kathleen graduated summa cum laude from St. Mary's College of Maryland with a B.A. in economics and history. She earned her J.D. from William & Mary School of Law, where she served as the senior notes editor of the William & Mary Law Review and was elected to the Order of the Coif. She is admitted to practice in the District of Columbia and Maryland.
Admitted to practice: District of Columbia, Maryland
Client Alerts & Newsletters
"Hedge Funds and Antitrust Compliance: Antitrust Division Investigates Hedge Funds Shorting Euro,"
Antitrust Law Alert
(March 5, 2010).
Contacts: Daniel L. Zelenko, Olivier N. Antoine, Kathleen Clair.
"DOL Issues Proposed Rule Implementing Executive Order 13496 - Notice of NLRA Rights ,"
Labor & Employment Law Alert - US
(August 10, 2009).
Contacts: Jeffrey W. Pagano, Ira M. Saxe, Kris D. Meade, Kathleen Clair.
"Revised FMLA Regulations Clarify Employer Obligations,"
Labor & Employment Law Alert - US
(December 4, 2008).
Contacts: Kris D. Meade, James E. Kellett, Kathleen Clair.
In the News
Crowell Wins Dismissal of DuPont Monopolization Lawsuit
April 9, 2012 — Global Competition Review
The U.S. District Court for Eastern Virginia found that Kolon Industries failed to prove that Crowell & Moring client DuPont monopolized the market for the material, or used its contracts with customers to shut out rivals. Crowell & Moring chairman and Antitrust Group partner Kent A. Gardiner told Global Competition Review, "Discovery proved that not a single customer complained about DuPont's business practices, or sided with Kolon in support of its claims. The court rightly found that DuPont neither was a monopolist in the market nor engaged in any anti-competitive conduct."
DuPont Escapes Kolon's Body Armor Antitrust Case
April 6, 2012 — Competition Law360
A Virginia federal judge dismissed an antitrust suit brought by Kolon Industries Inc. against Crowell & Moring client DuPont over a synthetic fiber used in body armor, finding there was no evidence of a monopoly by DuPont. U.S. District Judge Robert E. Payne granted DuPont's motion for summary judgment, ruling that the DuPont did not monopolize or attempt to monopolize the para-aramid fiber market and held that competition in the industry is thriving. Speaking to Competition Law360, Kent A. Gardiner, Crowell & Moring chairman and Antitrust Group partner, said, "The ruling fully vindicates DuPont’s business practices in this critical sector of the economy. The court rightly found that DuPont neither was a monopolist in the market nor engaged in any anti-competitive conduct."
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