Kate has extensive experience representing businesses in various types of complex litigation, with an emphasis on corporate defense work. She has experience analyzing, briefing and arguing jurisdictional, discovery and merits-based issues in the courts of several states and federal districts. She has also managed discovery on large, multi-party, document-intensive cases and has trained clients and given presentations on electronic discovery issues. Kate has participated in three trials, one as the lead trial attorney. She has also written and argued successful appeal briefs at the state and federal levels.

Contract

Kate has successfully represented clients in numerous complex commercial disputes, including breach of contract, warranty, fiduciary duty and other related tort actions, both in the United States and in international disputes, arbitrations and the enforcement of foreign judgments. The underlying contracts have involved commercial transactions, the sale of goods or services, the use of intellectual property, insurance policies, transportation agreements, and banking and lending practices, amongst other areas.

Environmental

Kate has represented companies in a wide-range of environmental litigation, including disputes under federal and state environmental statutes and common law, with a focus on defense of agricultural businesses, particularly concentrated animal feeding operations, grain elevators and agricultural equipment manufacturers on a variety of permitting, compliance and litigation matters.

Construction

Kate also has considerable experience in construction contract disputes, as well as in asserting and defending mechanics’ lien claims.

Pro Bono

Kate has also dedicated a significant amount of her time to providing pro bono legal services, including cases involving guardianships and adoptions through the Missouri Volunteer Attorney Project, a division of Legal Aid of Western Missouri, and in the Kansas state courts.

Publications

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.

Presentations

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.