Kay’s practice focuses on commercial litigation. She graduated from Yale Law School, where she served as both the Executive Projects Editor and Articles Editor for the Yale Journal on Regulation.
Prior to joining the firm, Kay clerked with the Hon. Robert E. Bacharach in the U.S. Court of Appeals for the Tenth Circuit and Hon. Vanessa L. Bryant in the U.S. District Court of Connecticut.
- Global Tubing v. Tenaris Coiled Tubes. Part of team that secured a complete defense victory in connection with seeking a declaratory judgment that Global Tubing’s quench-and-tempered coiled tubing products – key to its business – did not infringe three Tenaris patents. We obtained a discovery ruling that used the crime-fraud exception to order Tenaris to produce attorney-client communications related to a key prior art document, and an opinion sanctioning Tenaris for violating the protective in prosecuting follow-on patents. The district court granted our client’s motion for summary judgement and found all the patents unenforceable due to Tenaris’s fraud on the Patent Office. Helped develop expert strategy, defended expert deposition, and drafted pre-trial briefs, including a motion for summary judgment that led Tenaris to voluntarily concede part of its claimed pre-issuance damages.
- US Airways v. Sabre. Part of plaintiff’s team in the first post-Amex two-sided-market antitrust trial. After a three-week trial in SDNY, the jury found the defendant liable for monopolization.
- Lubrizol Specialty Products, Inc. v. Baker Hughes Company. Part of defendant/counter-claim plaintiff’s team in patent infringement and Walker Process antitrust suit related to drag reducing agents in oil pipelines. Litigation in SDTX is ongoing.
- SS Management v. Harrah’s. Part of plaintiff’s team in action bringing contract, tort, and Nevada Unfair Trade Practices (antitrust) claims against Harrah’s casino based on their paid parking program in Stateline, Nevada. Developed antitrust expert strategy, deposed key fact witness, and drafted briefing that kept all the claims in the case until it resolved favorably two weeks before trial.