Kathleen ("Kathy") M. Beasley is a litigation partner in the Dallas office of Haynes and Boone, LLP. For more than twenty years, Kathy has represented corporations, individuals, boards of directors and board committees in business disputes and government investigations. She has tried lawsuits in federal and state court, and before arbitrators. With extensive experience in conducting internal corporate investigations, Kathy has also assisted clients being investigated by the Department of Justice, the SEC, and other governmental authorities. Her practice is concentrated in the areas of antitrust, fraud, and complex business disputes.
Kathy is a frequent speaker and author for national audiences on topics related to antitrust law, investigations, and litigation issues and techniques. Among other audiences, she has spoken to the ABA Antitrust Section Spring Meeting, the ABA National Institute on White Collar Crime, the International Cartel Workshop, and the Center for American and International Law's Annual Program on Antitrust Law, and she serves on the Advisory Board for the BNA White Collar Crime Report. She has also served as an adjunct instructor of Trial Advocacy at the Southern Methodist University Dedman School of Law, and as a coach of SMU Law School's national trial competition teams.
At the invitation of the U.S. Department of Justice Antitrust Division, Kathy served as a non-governmental advisor (NGA) at the 2011 International Competition Network Cartel Workshop in Belgium. She also serves as a member of the International Cartel Task Force.
Kathy is an active member of the American Bar Association, participating in the Antitrust Section and the Section of Litigation. Currently serving as Co-Chair of the Compliance and Ethics Committee of the ABA Antitrust Section, Kathy has previously served as Vice-Chair of that Committee, as well as the Cartel and Criminal Practice Committee. Kathy is recognized by Chambers USA as a leading lawyer in Antitrust in Texas, 2011-2013 and as a Texas Super Lawyer in Antitrust Litigation, Business Litigation, and Criminal Defense: White Collar, 2011-2013. She is named one of the Best Lawyers in America for Antitrust Law, Litigation - Antitrust (2013-2014). Kathy is AV® Peer Review Rated Preeminent by Martindale-Hubbell® Law Directory. Kathy was named to GCR’s International Who’s Who of Competition Lawyers and Economists for 2013. In her local community, Kathy serves on the Board of Trustees for Dallas Christian School, which she chaired from 2011-2013.
Kathy received her J.D. from Southern Methodist University Dedman School of Law, where she was a Hatton W. Sumners Scholar, and was named to the Order of the Coif and the Law Review. She obtained a B.A. from Louisiana State University summa cum laude.
Selected Client Representations
- Defending an international freight forwarding company in an investigation by the U.S. Department of Justice Antitrust Division and in related civil class action litigation.
- Defending a foreign national in connection with a criminal tax investigation by the U.S. Department of Justice, which resulted in no charges being brought.
- Conducting various internal investigations of corporate conduct for report to special committees of the Boards of Directors of public companies.
- Achieved summary judgment dismissing a federal civil case that sought $30 million on business tort claims against the chief operating officer of major multinational financial conglomerate.
- Represented a dental supply company in defending indirect purchaser claims in companion case to U.S. v. Dentsply Int'l.
- Successfully resolving, with no enforcement action, a multi-year investigation by the Securities and Exchange Commission into accounting practices of an international telecommunications wholesaler and certain of its officers and directors.
- Securing a favorable verdict in a jury trial in Texas state court for a Fortune 100 telecommunications company in a breach of contract and fraud trial.
- Defending a Fortune 100 food company in a multi-million dollar antitrust and business torts lawsuit in Texas state court.
- Defending a telecommunications company in a breach of contract suit tried to an arbitrator.
- Successfully resolving numerous investigations by the SEC of individuals, including accounting fraud and insider trading issues.
- Successful settlement of a proposed class action antitrust lawsuit involving price-fixing allegations against offshore drilling companies.
- Representing an oil and gas company in arbitration of disputes arising out of a purchase and sale agreement.
Recent Speeches and Publications
- Moderator of "The ABA’s 2012/2013 Changes in Ethics Rules," presented to the ABA Section of Antitrust Law Spring Meeting in Washington, D.C. (April 2013).
- "Search Warrants and Dawn Raids - How to Respond to a Visit from Government Agents," presented to Antitrust & Trade Regulation Section of Dallas Bar Association (April 2012).
- Moderated General Counsel Compliance Roundtable at ABA Section of Antitrust Law Spring Meeting (March 2012).
- Panelist at International Cartel Workshop in Vancouver, BC in 2012 and in Paris, France in 2010, co-sponsored by the ABA Antitrust Section and the International Bar Association.
- Presenter "Joint Ventures and Competitor Collaborations: A General Overview," Antitrust and Consumer Law Issues In the Energy Industry, May 5-6, 2011, Houston, TX.
- Instructor on "Handling a Criminal Antitrust Investigation" at the Center for American and International Law's Annual Program on Antitrust Law (2008-2011).
- Moderated panel on "Competitor Collaborations" at Antitrust and Consumer Law Issues in the Energy Industry: 100 Years Since Standard Oil in Houston, TX (May 2011).
- Moderator of "General Counsel Compliance & Ethics Roundtable," presented to the ABA Section of Antitrust Law Spring Meeting in Washington, D.C. (March 2011).
- Panelist on the topic of Criminal Antitrust Enforcement at the 25th ABA National Institute on White Collar Crime in San Diego, CA (March 2011).
- Moderator of ABA teleconference on "Criminal Antitrust Issues of Law from Indictment to Trial" (2011).
- "Ethics Issues Arising from Joint Defense Agreements - An Issue Outline," presented to the ABA Section of Antitrust Law Spring Meeting (April 2010).
- Panelist on Electronic Discovery in Sandpiper Partners E-Discovery CLE in Dallas, TX (April 2009).
- Moderator of "Ethics Without Borders" at ABA Antitrust Section Spring Meeting in Washington, D.C. (March 2009).
- Panelist on Unfair Competition at ABA Section of Litigation Committee on Corporate Counsel CLE Seminar in Orlando, FL (February 2009).
- "The Basics of Antitrust and Competition Law in the United States and Europe that an International Business Lawyer Should Know," presented with Barry McNeil, The Center for American and International Law's 45th Academy for American and International Law in Plano, TX (June 2008).
- Panelist for the ABA Section of Antitrust Brown Bag Teleconference entitled: Stolt-Nielsen: Lessons Learned and Implications for Amnesty Applicants and Other Parties in Criminal Antitrust Investigations (February 26, 2008).
- Panelist at ABA Antitrust Section Spring Meeting in Washington, D.C. on "The Interplay of Tactics and Ethics in Criminal Antitrust Investigations" (2008).
- Panelist on the topic of Criminal Antitrust Enforcement at the ABA National Institute on White Collar Crime (2007 in San Diego, CA; 2006 in San Francisco, CA).
- "U.S. and Global Cartel Enforcement Perspectives and Insights," Teleconference sponsored by the ABA Section of Antitrust Law (2007).
- "Antitrust Due Diligence in Civil Litigation," at Managing Antitrust Matters in the Modern Corporate Governance Era (2006 - New York).
- Panelist on the topic of Criminal Antitrust Enforcement at the ABA Antitrust Section Spring Meeting in Washington, D.C. (2006).
- "Checklist of Practical Considerations When Representing Targets of Criminal Antitrust Investigations," Kathleen M. Beasley and Jacqueline K. Shipchandler, American Bar Association, Section of Antitrust Law, 54th Spring Meeting (March 2006).
- Author, Chapter 6 "Fraud & Misrepresentation," ABA Section of Antitrust Law, Business Torts and Unfair Competition Handbook, 2nd Edition (2006).
- Speaker on electronic evidence for "Houston, We Have a Serious Problem: Tackling the Corporate Internal Investigation," sponsored by the South Texas College of Law Corporate Compliance Center in Houston, Texas.
- "Internal Investigations - Legal & Ethical Pitfalls" at Ethical Principles for Corporate Counsel in Houston, Texas.
- Panelist for ABA Teleconference on Electronic Discovery, sponsored by the Corporate Counsel Committee of the ABA Antitrust Section.
- "Effective Corporate Compliance Programs," presented at the Texas Bar CLE Program "White Collar Crime for the Civil Practitioner."
- "Conducting Internal Investigations," presented at the ABA Mid-Year Meeting, and at the University of Texas 26th Annual Corporate Counsel Institute.
Selected Representative Experience
International Freight Forwarding Antitrust Investigation and Litigation
Representation of major global freight forwarder in an industry-wide international antitrust investigation into possible price fixing and other improper collusive activity.
Antitrust Counseling in Proposed Telecommunications Acquisition
Represented AT&T before the DOJ and FCC on antitrust matters related to proposed acquisition of T-Mobile USA, including pre-merger integration counseling and planning.
International Cartel Investigation
Representing a major global freight forwarder in an industry-wide international antitrust investigation into possible price fixing and other improper collusive activity. As previously publicly announced by the company, the investigation began with a search warrant conducted by the Antitrust Division of the United States Department of Justice and a simultaneous inspection by the European Commission. The investigation expanded to include investigations by antitrust regulators in Brazil, Canada, Japan, New Zealand, and Switzerland. Following announcement of the government investigations, a purported civil class action lawsuit styled Precision Associates, Inc. et al. v. Panalpina World Transport (Holding) Ltd, et al.
was filed in the Eastern District of New York against more than fifty industry players alleging antitrust class action damages. During the course of the representation Haynes and Boone has assisted the company in issuing a revised antitrust compliance program. The representation has also required Haynes and Boone to coordinate co-counsel, counsel for individual employees, factual development, and electronic discovery issues worldwide. Many of the government investigations and the U.S. civil lawsuit are on-going.
L-3 v. Lockheed Martin, Northern District of Texas
Representation of L-3 Communications Integrated Systems, Inc. in federal antitrust lawsuit in the U.S. District Court for the Northern District of Texas against Lockheed Martin. The lawsuit, which settled in 2010, alleged that Lockheed Martin violated the antitrust laws by monopolizing the international market for refurbishment of P-3 aircraft.
Jersey Dental Labs. v. Dentsply Int’l, Inc., 516 F. Supp. 2d 324 (D. Del. 2007)
Successfully defended a wholesaler of medical devices/dental supplies against antitrust claims brought by indirect purchasers against a group of wholesalers as a companion case to Hess Dental Labs. v. Dentsply Int’l
. All claims against client were dismissed or settled with no payment by client.
In re Pepsico, Inc., 87 S.W.3d 787 (Tex. App. - Texarkana 2002, orig. proceeding)
Obtained a conditional writ of mandamus ordering a trial court to reinstate a motion to transfer venue.
Zuffa, LLC v. HDNet MMA 2008 LLC, 262 S.W.3d 446 (Tex. App.-Dallas 2008, orig. proceeding)
Persuaded the Dallas Court of Appeals to grant mandamus relief directing the trial court to stay litigation pending the outcome of Nevada arbitration proceedings between The Ultimate Fighting Championship mixed martial arts fight promoter and fighter Randy Couture.
05/05/2011 - Joint Ventures and Competitor Collaborations: A General Overview
You have just been hired as the general counsel for a global energy company with integrated upstream and downstream operations throughout the world.
03/03/2011 - Application of the Federal Sentencing Guidelines in Antitrust Cases: A Practical Guide
This article provides a practical guide to the application of federal sentencing in antitrust cases.
04/01/2010 - Ethics Issues Arising from Joint Defense Agreements - An Issue Outline
This presentation to the ABA Section of Antitrust Law Spring Meeting in April 2010 provides an outline of ethics issues that arise from joint defense agreements.
02/10/2010 - Application of the Federal Sentencing Guidelines to Organizations in Antitrust Cases: A Practical Guide
Prior to 1987, the sentence imposed on a federal criminal defendant in the United States was left largely to the discretion of the sentencing judge. In 1984, Congress passed the Sentencing Reform Act, delegating broad authority to the United States Sentencing Commission. In 2005, the mandatory sentencing under the Guidelines changed again as a result of a United States Supreme Court decision. Today, federal judges must consider, but are not bound by, the Sentencing Guidelines. Still, many district court judges are hewing closely to the Guidelines. As such, one should not wait to engage in an analysis of the Guidelines application to a potential corporate antitrust offense.
01/27/2010 - Federal Court Issues Injunction Requiring Insurer to Advance Defense Costs to Stanford Financial Defendants for DOJ and SEC Proceedings
Yesterday, January 26, 2010, Judge David Hittner of the United States District Court for the Southern District of Texas issued an important opinion in the Stanford Financial case that paves the way for targets of criminal and civil enforcement proceedings to obtain insurance coverage for costs of defending themselves. The decision marks a significant victory for executives who have the misfortune of being caught up in a government prosecution and find themselves otherwise unable to fund their defense.
08/06/2008 - Whole Foods - Where Does the Federal Trade Commission Go From Here?
Whole Foods has closed its acquisition of Wild Oats, but it may not have much time to enjoy its purchase. The Federal Trade Commission had sought a preliminary injunction to block the merger to give it time to conduct a trial on the merits, but the district court denied the motion.