Kathryn Caldwell

Counsel

katy-caldwell
  • JD, magna cum laude, Boston University School of Law, 2011; Paul J. Liacos Distinguished Scholar; G. Joseph Tauro Scholar; Boston University Law Review , Note Editor
  • BA (Social Relations & Policy and French), with High Honors, Michigan State University, 2008

Qualifications

  • Massachusetts, 2011

Court Admissions

  • U.S. District Court for the District of Massachusetts
  • The Best Lawyers in America – Ones to Watch (2021)

Kathryn Caldwell

Counsel

Katy Caldwell has significant experience guiding clients through complex litigation in state and federal courts around the country. Her practice includes a broad array of industries, and she has represented medical device manufacturers, pharmaceutical companies, private equity firms and their portfolio companies, investment advisers, health care providers, national retailers, academic institutions, and other clients. Katy leverages her broad civil litigation experience to advise clients on trial and discovery strategy. Katy also counsels clients on anticipating litigation-related issues in the context of structuring complex transactions, and on managing compliance risks related to federal campaign finance laws and regulations.

Katy is deeply committed to pro bono and public service. Her pro bono practice includes immigration assistance for clients seeking asylum and temporary protected status; class action litigation on behalf of participants in the Massachusetts Emergency Assistance shelter program; and drafting amicus briefs on behalf of nonprofit organizations. Katy also volunteers with a literacy program for elementary students in Boston Public Schools.

Prior to joining the firm, Katy served as a judicial intern for the Honorable William G. Young of the U.S. District Court for the District of Massachusetts.

Experience

Complex Civil Litigation

  • Represented private equity sponsor in expedited Delaware merger litigation concerning the application of a “material adverse event” clause in light of a public company’s performance during the COVID-19 pandemic.  
  • Defended university in arbitration alleging fraud in connection with a license agreement regarding intellectual property.
  • Trial counsel defending individual accused of misappropriation of trade secrets, breach of contract and breach of M.G.L. c. 93A in dispute among 3D printing companies in federal district court in Massachusetts.
  • Defended executive in suit alleging breaches of fiduciary duty based on insider trading allegations and violations of non-competition and non-solicitation covenants.
  • Trial counsel representing plaintiff during three-week RMBS trial alleging breaches of representations and warranties by WMC Mortgage LLC, seeking repurchase of thousands of mortgage loans and seeking hundreds of millions of dollars in damages.
  • Represented national grocery chain in defending consumer class actions arising from data breaches in federal district court and, upon successful dismissal, in appellate court.
  • Trial counsel in contract dispute between major company and an investment bank in United States District Court for the District of Massachusetts.
  • Successfully secured summary judgment on behalf of insurers in connection with Superstorm Sandy damage.

False Claims Act, Anti-Kickback Statute, and Stark Law Litigation

  • Defends major pharmaceutical and medical device companies in False Claims Act litigation involving alleged kickbacks and off-label marketing violations.
  • Defended a dozen corporate entities and individuals in FCA suit seeking $7 billion in damages for alleged fraudulent inducement with respect to federal grant programs and state Medicaid contracts.
  • Represented major home health provider in whistleblower suit alleging fraudulent billing scheme and falsified visit data.
  • Litigated FCA claim on behalf of hospital system defending against alleged violations of FCA based on implied certification theory and alleged kickback violations.
  • Represented medical coding company in FCA litigation alleging upcoding theory in home health industry.

Litigation Risk Advising

  • Advised clients in matters related to the COVID-19 pandemic and related economic instability, including in pre-litigation and litigation matters. 
  • Counseled major university endowment regarding litigation risk management and mitigation.

Government Investigations and Inquiries

  • Represented various clients in responding to inquiries from the Financial Industry Regulatory Authority.
  • Represented employees of defense contractor in a DOJ investigation regarding alleged False Claims Act violations.
  • Counseled several international investment advisers in ongoing investigations and litigation concerning FOREX transactions.
  • Secured declination of prosecution of individuals in investigation by DOJ, FBI, and NASA OIG concerning alleged false statements involving NASA Small Business Innovation Research grant.

Corporate Political Activities

  • Advises individuals and entities on campaign finance matters, including drafting internal compliance policies relating to campaign finance.

Publications

  • Co-author, “There May Be a New Standard for FCA Liability Soon,” Law360 (April 19, 2016)
  • Co-author, “Justices Address Boundaries of 2 FCA Defenses in KBR Case,” Law360 (January 13, 2015)
  • Doug Hallward-Driemeier, Kirsten Mayer, Thomas Sutcliffe, and Kathryn Wilhelm, “US V. Takeda Will Be Useful In Off-Label Promotion Cases,” Law360 (January 25, 2013)
  • Kirsten Mayer, Jacob Scott and Katy Wilhelm, “FCA's First-To-File Rule — Mass. Weighs In,”Law360 (July 16, 2012)
  • Kathryn E. Wilhelm, “Freedom of Movement at a Standstill?: Toward the Establishment of a Fundamental Right to Intrastate Travel,” 90 Boston University Law Review 2461 (2010)
  • JD, magna cum laude, Boston University School of Law, 2011; Paul J. Liacos Distinguished Scholar; G. Joseph Tauro Scholar; Boston University Law Review , Note Editor
  • BA (Social Relations & Policy and French), with High Honors, Michigan State University, 2008

Qualifications

  • Massachusetts, 2011

Court Admissions

  • U.S. District Court for the District of Massachusetts
  • The Best Lawyers in America – Ones to Watch (2021)
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