Kate has been instrumental in managing complex commercial cases for large, medium and small businesses from their inception to conclusion. She has extensive experience with litigation involving commercial contracts, business torts, and banking, insurance and financial services. Her experience includes defending clients in class actions and MDLs. She has researched and written successful dispositive briefs on procedural and substantive grounds. Her experience has included working with experts and corporate executives in preparing reports and affidavits, and in preparing for depositions. She also has extensive experience managing discovery in complex commercial cases, and has trained clients on discovery and e-discovery obligations under the Federal Rules of Civil Procedure. She has tried cases in state and federal courts as first, second and third chair. She has also assisted with preparation for and participation in mediations and arbitrations. She has also written and argued successful appeals briefs in state and federal courts.
Kate also has experience in a variety of creditors' rights cases. She assisted in the first-ever enforcement in the United States of a multimillion-dollar arbitration award entered against a U.S. company in China.
Kate has also represented clients in disputes over the interpretation of and obligations under various sections of the U.S. Bankruptcy Code, as well as in preference and fraudulent transfer actions, and various other types of adversary proceedings.
A portion of Kate's practice has also included counseling clients on regulatory compliance issues, including environmental laws, banking laws, construction/lien laws, product labeling laws, document retention requirements, and other regulatory requirements.
Kate has also dedicated a significant amount of her time to providing pro bono legal services, including cases involving guardianship and adoptions through the Missouri Volunteer Attorney Project, a division of Legal Aid of Western Missouri, and in the Kansas state courts.
Kay C. Whittaker, Special Issues in Multi-Jurisdictional Class Actions, Chapter 5 in Class Actions and Other Aggregations in Mass Torts, Corporate Compliance Answer Book (1st ed.) (Practicing Law Institute 2013).
Mark Moedritzer & Kay C. Whittaker (Contributing Editors), Global Overview and United States, Enforcement of Foreign Judgments in 28 Jurisdictions Worldwide (Getting the Deal Through 2013).
Mark Moedritzer & Kay C. Whittaker (Contributing Editors), Global Overview and United States, Enforcement of Foreign Judgments in 28 Jurisdictions Worldwide (Getting the Deal Through 2012).
Mark Moedritzer, Kay C. Whittaker & Ariel Ye, Judgments ‘Made in China’ But Enforceable in the United States?: Obtaining Recognition and Enforcement in the United States of Monetary Judgments Entered in China Against U.S. Companies Doing Business Abroad, 44:2 The International Lawyer, Summer 2010, at 817.
Mark Moedritzer, Kay C. Whittaker & Ariel Ye, Judgments ‘Made in China’ But Enforceable in the United States?: Obtaining Recognition and Enforcement in the United States of Monetary Judgments Entered in China Against U.S. Companies Doing Business Abroad, published in two parts, Vol. 4, No. 3 and Vol. 4, No. 4 Bloomberg Asia Pacific Law Reports, March & April, 2011.
Kate has presented to various organizations on the following topics:
- Compliance with Discovery and eDiscovery Obligations;
- Drafting Enforceable Arbitration Provisions;
- Enforcing Mechanic’s Liens; and
- Recourse and Defenses under Environmental and Tort Law for Nuisance and Trespass in an Agricultural Context.