Kathleen H. Dooley

Partner

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Practices
Industries
Education
  • Seton Hall University School of Law, JD, cum laude, Articles Editor, Seton Hall Law Review, 1988
  • Seton Hall University, BA, 1981
Admissions
  • North Carolina
  • Pennsylvania
  • New Jersey
  • U.S. Supreme Court
  • North Carolina Supreme Court
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Northern District of New York
  • U.S. District Court for the District of New Jersey
  • U.S. District Court for the Eastern District of Virginia
  • U.S. District Court for the Western District of North Carolina
  • U.S. District Court for the Eastern District of North Carolina
  • U.S. District Court for the Middle District of North Carolina
  • U.S. Court of Appeals for the 11th Circuit
  • U.S. Court of Appeals for the 5th Circuit
  • U.S. Court of Appeals for the 3rd Circuit
  • Supreme Court of Pennsylvania
  • Supreme Court of New Jersey
Affiliations

Member, International Association of Defense Counsel

Member, Mecklenburg County Bar Association

Member, North Carolina Bar Association

Member, North Carolina Association of Women Attorneys

Member, North Carolina Association of Defense Attorneys

Member, American Bar Association

Parishioner and Finance Committee Member, All Saints Catholic Church

Kathleen is a courtroom litigator and former co-chair of the firm's global life sciences industry group. For more than 25 years, she has enjoyed an extensive civil litigation career through representation of diverse business entities such as consumer finance and financial services providers, communications providers, pharmaceutical and medical device companies, consumer confections and food companies, healthcare companies, and entertainment facilities involved in complex disputes. Kathleen also provides counsel to corporate policyholders in a variety of insurance first- and third-party coverage-related disputes and litigation, including environmental, property, product recall, professional liability, business interruption, and directors and officers. She also litigates extra-contractual disputes and frequently provides insurance-related due diligence counsel in corporate transactions.

Her experience includes, but has not been limited to, litigating business and consumer credit disputes, class actions, civil RICO, pharmaceutical/medical device/consumer product diversion, unfair and deceptive trade practices, bad faith, intellectual property, products liability, FCRA, TILA, FCBA, and FDCPA. Clients frequently call on her to handle matters pending in jurisdictions where juries are hostile to corporate defendants, and she has represented clients in Arkansas, Mississippi, Florida, North Carolina, Kentucky, Nebraska, New York, New Jersey, South Carolina, Texas, California and Virginia. Upon graduation from law school, she served a one-year clerkship with the Honorable Melvin P. Antell, Presiding Judge of the Superior Court of New Jersey, Appellate Division. Kathleen has also served as an adjunct professor for law school legal research and writing classes.

In 2010, Kathleen received a healthcare compliance certification.

Kathleen is co-editor of the FDA Life blog which covers news and trends impacting the FDA and life science industry. Kathleen advises clients on pharmaceutical product diversion and is closely monitoring FDA’s new track-and-trace requirements under the Drug Supply Chain Security Act. She is also closely monitoring the CFPB’s regulatory developments and enforcement proceedings affecting consumer finance and how they will impact the firm’s credit card issuers.

vCard
T: +1 704 343 2347F: +1 704 444 8755201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

Obtained dismissals of multi-jurisdictional federal court class actions brought against major credit card issuer.

Obtained dismissal of class action against credit card issuer arising out of credit card protection plan features.

Effectively investigated and prosecuted numerous federal and state court cases against gray marketers of pharmaceutical, medical device and consumer products.

Representation of tire valve manufacturer seeking coverage from its liability insurer

Representation of lithium manufacturer successfully refuting workers compensation insurer’s attempt to impose liability for claims not assumed in post-merger agreement.

Selected for inclusion in The Best Lawyers in America, Commercial Litigation, Woodward/White, Inc., 2016, 2017

Co-Author, "Counsel's Role in Evaluation and Negotiating D&O Insurance Coverage," Hospitals & Health Systems Rx, A Publication of the American Health Lawyers Association Hospitals and Health Systems Practice Group, May 2014
Author, "A Stern Warning To CFPB On Supervising Practices," Law 360, April 24, 2014
Co-author, "Pharmaceutical Product Diversion: An Ounce of Prevention is a Cure for Compliance," Pharmaceutical Compliance Monitor, May 9, 2012
Co-author, "Analysis of Pharmaceutical Product Diversion and the Gray Market: Cheaper Drugs but as What Cost," Health Care Law Monthly, September 2010
Moderator, "Effectively Using Reps & Warranties Insurance in Healthcare Transactions," 14th Annual Healthcare and Life Sciences Private Equity and Finance Conference, February 23, 2017
Speaker, "Telephone Consumer Protection Act," Current Legal Issues and Trends in Mortgage Origination and Servicing, Mortgage Servicing In-House Counsel Forum, February 4, 2016
Panelist, "DQSA Track and Trace Initiatives and Enforcement," FDLI Enforcement, Litigation, and Compliance, December 10, 2015
Moderator, "Business and Legal Issues in Clinical Research Arrangements," 7th Annual Medical Device and Life Sciences Conference, November 19, 2015
Moderator, "FDA Update: Recent Developments and New Initiatives," 6th Annual Medical Device and Life Sciences Conference, November 18, 2014
Speaker, "Everyone's Into Computers, Who's Into Yours: Pre-Breach & Post-Breach Planning," NJ CCA Annual Forum, September 19, 2014
Moderator, "Lifesciences/Med Device Policy: FDA Approval Processes, Medical Device Tax and Beyond," 11th Annual Healthcare and Life Sciences Private Equity and Finance Conference, McGuireWoods LLP and McGladrey LLP, February 25-26, 2014
Moderator, "Do We Have Insurance Coverage for That? Maximizing Coverage Before the Claim Hits," 5th Annual Medical Device and Life Sciences Conference: Innovation, Investing and Regulatory Issues, November 7, 2013
Speaker, "Legal Risks in the Sales and Marketing of Medical Devices Conference," ACI, April 29, 2011
Speaker, "Legal Strategies for Contract Enforcement and Brand Protection," NADDI Western Regional Conference, April 28, 2011
Speaker, Pharmaceutical Product Diversity: Beyond the PDMA, October 3, 2010
Speaker, National Bar Association Health Law Section Summit, 2009
Speaker, "Insurance Coverage Litigation," National Business Institute, December 2009
Speaker, "How to Prevent, Detect, Investigate & Deter Diversion," Pathway to Counterfeiting, June 26, 2009