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OVERVIEW

Kathleen M. Anderson
Partner

Fort Wayne, Columbus

888 S. Harrison Street
Suite 600
Fort Wayne, IN 46802
41 S. High Street
Suite 3300
Columbus, OH 43215-6104

P 260-425-4657

F 260-424-8316

OVERVIEW

Kathleen M. Anderson
Partner

Fort Wayne, Columbus

888 S. Harrison Street
Suite 600
Fort Wayne, IN 46802
41 S. High Street
Suite 3300
Columbus, OH 43215-6104

P 260-425-4657

F 260-424-8316

Kathleen M. Anderson has been an advocate for businesses and entrepreneurs throughout the country for more than 20 years. Kathleen, who focuses her practice on litigation and counseling, has been recognized on the Best Lawyers in America, Who's Who in American Law, Chambers USA and Indiana Super Lawyers lists. In addition to the "Best Lawyers" honor,​Best Lawyers in America has named Kathleen a 2015 "Lawyer of the Year." Kathleen brings expertise, a partnering mentality and no-nonsense focus to her representation of businesses.

OVERVIEW

Kathleen M. Anderson Partner

Fort Wayne

Columbus

888 S. Harrison Street
Suite 600
Fort Wayne, IN 46802
41 S. High Street
Suite 3300
Columbus, OH 43215-6104

P : 260-425-4657

Kathleen M. Anderson has been an advocate for businesses and entrepreneurs throughout the country for more than 20 years. Kathleen, who focuses her practice on litigation and counseling, has been recognized on the Best Lawyers in America, Who's Who in American Law, Chambers USA and Indiana Super Lawyers lists. In addition to the "Best Lawyers" honor,​Best Lawyers in America has named Kathleen a 2015 "Lawyer of the Year." Kathleen brings expertise, a partnering mentality and no-nonsense focus to her representation of businesses.

Kathleen's litigation practice covers the full spectrum of litigation services, including pre-litigation counseling; risk and litigation management; and trials, hearings, and appeals before federal and state courts, administrative agencies, and other tribunals. She has experience in alternative dispute resolution proceedings, including arbitration, mediation and conciliation.

Kathleen regularly represents and counsels businesses in relation to trade secrets and unfair competition; employee raiding, equal employment opportunity; federal and state wage and hour claims; wage/hour investigations and audits; workplace investigations; non-competition, non-solicitation and other restrictive covenant claims; discrimination; retaliation; whistleblower; reductions in force; internal complaints and investigations; and tort, commercial and other business claims. Kathleen is part of the firm's Wage and Hour and Higher Education Practice Groups.

Kathleen represents clients in complex litigation, including in class actions, wage and hour (Fair Labor Standards Act or FLSA) collective actions and in actions brought against businesses by and before federal agencies, including the Equal Employment Opportunity Commission (EEOC) and the Department of Labor (DOL). Kathleen litigates wage and hour cases, including class, collective and hybrid actions in federal and state courts. These cases involve a range of allegations, including those related to exempt status/misclassifications, 'off the clock' work, bonuses, vacation pay, time keeping, compensable time, overtime pay, time and payroll records, tip and service charges, meal periods, reimbursements and retaliation.

Kathleen collaborates with clients from a range of industries ' manufacturing, hospitality/restaurants, healthcare, insurance, retail, marketing, and waste management, to name a few. Kathleen regularly lectures and writes on litigation tactics, civil procedure, professionalism, trade secrets, unfair competition and risk management. 

Kathleen serves as a member of the Indiana Bar Foundation's Board of Directors and has served on the Indiana State Bar Association Board of Governors. She is past president of the Allen County Bar Association and of that bar association's Trial Lawyers Section. She has been a member of the Local Rules Committee of the United States District Court for the Northern District of Indiana.

Kathleen has been recognized as a Rotary International Paul Harris Fellow (a community service award) and as a 'Title IX Hero' (by the Indiana Humanities and the Indiana Fever). She has received the Camille B. Conway Diversity Award for contributions to diversity and inclusion and the Niemann Citation for Excellence and Professionals for Distinguished Legal Work, Professionalism and Public Service and Leadership. Formerly recognized as a "Future 40 Under 40" Award Recipient, Kathleen has been recognized for her service on boards of directors for various not-for-profit health care, education, and community organizations.

Kathleen received a B.A., summa cum laude, from Hanover College, where she graduated first in her class and was awarded the Henry C. Long Citation for Academic Excellence and Citizenship. Kathleen received her J.D., magna cum laude, from Indiana University School of Law'Bloomington, where she served on the Board of Editors of the Indiana Law Journal and was elected to the Order of the Coif, a national law school honorary.

Kathleen is admitted to practice before the Sixth, Seventh, and Eighth U.S. Court of Appeals; the U.S. District Courts for the Northern and Southern Districts of Indiana and Ohio; and Indiana and Ohio state courts. She has been admitted to practice pro hac vice in courts throughout the country.

EXPERIENCE
  • Affirming summary judgment for manufacturer in failure to warn case. Rosa v. TASER, 2012 ___ F.3d ___, No. 09-17792 (9th Cir. 2012).
  • Affirming summary judgment for manufacturer in products liability/wrongful death action.
  • Barnes & Thornburg attorneys represented a major life insurance company in lawsuit to establish coverage under a broker’s errors and omissions policy. The life insurance company client brought suit to get coverage from its E&O carrier after the carrier breached the contract of insurance when firm client was involved in a suit alleging deceptive sales practices. The case settled on favorable terms for client. Lincoln Nat'l Corp. v. Steadfast Ins. Co., No. 1:06cv58 (N.D. Ind., filed Mar. 1, 2006).
  • Barnes & Thornburg LLP was recently selected to serve as TriMas Corporation’s national labor and employment counsel. Kathleen M. Anderson and Keith E. White lead the relationship, while employing the necessary firm resources to manage their matters. Headquartered in Bloomfield Hills, Michigan, TriMas Corporation (NASDAQ- TRS) provides engineered and applied products for growing markets worldwide. TriMas Corporation is organized into six strategic business segments: Packaging, Energy, Aerospace & Defense, Engineered Components, Cequent North America and Cequent Asia Pacific. TriMas Corporation has approximately 3,900 employees at over 60 different facilities in 11 countries.
  • Barnes & Thornburg partners Kathleen Anderson and John Maley assisted TASER International in a product liability case in Akron, Ohio, seeking to overturn three separate adverse coroner rulings in which TASER was blamed for the deaths. Assisting Kathleen and John in the case were attorneys Curt Greene and Damon Leichty, along with paralegal Cathy Reed. After the four-day trial, the judge ruled in TASER's favor, ordering the medical examiners to delete TASER as causal or contributory from each death certificate. The court concurred with the firm’s position that “there is simply no medical, scientific, or electrical evidence to support the conclusions' made by the medical examiners in these cases.” The court also announced that TASER has "proven their claims for changing the reports of autopsy and death certificates on the three individuals by more than a preponderance of the evidence' as well as 'providing overwhelming credible medical and scientific evidence to support their positions.’” The ruling has widespread impact for TASER, both in current litigation in other cases across the country, as well as in influencing other medical examiners in the U.S.
  • Defended Auburn Gear in former employee's appeal of lower court's grant of summary judgment for Auburn Gear in claim of violation of collectively bargained insurance agreements; court affirmed lower court's decision.
  • Granted summary judgment for TASER in wrongful death case.
  • On June 19, 2013, the Sixth Circuit Court of Appeals affirmed summary judgment for firm client Faurecia Exhaust Systems, Inc. in a case where 70+ former employees claimed the company had violated the WARN Act and failed to provide the requisite 60-days’ notice prior to a mass layoff. The appeals court agreed with the trial court that the unforeseeable business circumstances exception applied such that Faurecia was not required to provide the advance notice. The court also noted that Faurecia was not even required to provide a conditional notice of the mass layoff as the regulations addressing the WARN Act permit conditional notice but do not require it.
  • Represented appellee employer in an appeal stemming from the dismissal of a former employee’s employment discrimination suit.
  • Represented client in motions that were granted to dismiss and compelling arbitration in employment discrimination context.
  • Represented client in motions that were granted to dismiss and compelling arbitration in employment discrimination context.
  • Represented client in motions that were granted to dismiss and compelling arbitration in employment discrimination context.
  • Represented client in obtaining summary judgment on claim of reverse-gender discrimination.
  • Summary judgment in favor of client affirmed where employer took prompt remedial action with respect to complaint of sexual harassment.
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