Kathleen ("Kathy") M. Beasley is a litigation partner in the Dallas office of Haynes and Boone, LLP. For nearly twenty years, Kathy has represented corporations and individuals in government investigations and business disputes. She has tried lawsuits in federal and state court, and before arbitrators. With extensive experience in conducting internal corporate investigations, Kathy has also represented clients in connection with investigations 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, and the Center for American and International Law's Annual Course 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.
Kathy is an active member of the American Bar Association, participating in the Antitrust Section and the Section of Litigation. She currently serves as the Vice-Chair of the Compliance and Ethics Committee of the ABA Antitrust Section, and has previously served as Vice-Chair of the Cartel and Criminal Practice Committee. She serves on the Board of Trustees for Dallas Christian School.
Kathy received her J.D. from Southern Methodist University Dedman School of Law, where she 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 litigation.
- Conducting various internal investigations of corporate conduct for report to special committees of the Boards of Directors of public companies.
- 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
- "Ethics Issues Arising from Joint Defense Agreements - An Issue Outline," presented to the ABA Section of Antitrust Law Spring Meeting, April 2010.
- Panelist at International Cartel Workshoip in Paris, France (February 2010), co-sponsored by the ABA Antitrust Section and the International Bar Association.
- 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).
- 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, DC (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, 2d 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
Online Publications
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.