Kathryn M. Barber Associate

Katie leverages her experience clerking at every level of the federal judiciary to represent clients at all stages of litigation. She previously served as a law clerk to Justice Ruth Bader Ginsburg of the Supreme Court of the United States, Judge John B. Owens of the U.S. Court of Appeals for the Ninth Circuit, and Judge Leonie M. Brinkema of the U.S. District Court for the Eastern District of Virginia. As a member of the firm’s Business & Securities Litigation and Appeals & Issues groups, she focuses her practice on high-stakes litigation, dispositive motions, and appellate advocacy.

Katie earned her law degree from the University of Virginia, where she served as a notes editor on the managing board of the Virginia Law Review and was honored as a member of the Raven Society and Order of the Coif.

Experience

Federal Courts of Appeals

Castillo v. Bank of America, 980 F.3d 723 (9th Cir. 2020). After oral argument, the Ninth Circuit affirmed denial of class certification for lack of predominance.   

Ham v. Breckon, 994 F.3d 682 (4th Cir. 2021).  Defended district court’s decision with briefing and oral argument as court-appointed amicus counsel. In a published opinion, the Fourth Circuit affirmed the district court's dismissal of successive habeas petition.

Civil Litigation

Represented major telecommunications provider in defeating class certification in TCPA "junk fax" case.

Successfully defended Fortune 100 financial services company in multiple putative class actions related to the CARES Act Paycheck Protection Program, defeating plaintiffs’ attempts to create an MDL and obtaining dismissal of first-impression claims seeking “agent fees.”

Won dismissal with prejudice of putative class claims against a major financial institution related to refunds for flights cancelled during the COVID-19 pandemic.  

Investigations

Represented client in responding to FinCEN inquiry.

Represented a major financial institution in connection with an inquiry from a congressional subcommittee.

Pro Bono

Obtained favorable settlement for pro bono client in Hague Convention child abduction case in the Eastern District of Virginia.

  • University of Virginia School of Law, JD, Order of the Coif, Notes Editor, Virginia Law Review, 2015
  • University of Virginia, BA, English Language and Literature and Spanish Language and Literature, with Distinction, 2011

Member, Virginia State Bar

Member, Richmond Bar Association

Board of Directors, Rebuilding Together Richmond

  • Co-Author, Domicile Dismantled, Indiana Law Journal, Spring 2017
  • Virginia
  • U.S. Court of Appeals for the 4th Circuit
  • U.S. Court of Appeals for the 8th Circuit
  • U.S. Court of Appeals for the 9th Circuit
  • U.S. Court of Appeals for the 11th Circuit
  • U.S. District Court for the Eastern District of Virginia

Selected for inclusion in Best Lawyers: Ones to Watch, Commercial Litigation, Litigation - Securities, 2021

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