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Kay Lynn represents clients in the areas of antitrust litigation and counseling, class actions, and other complex commercial and business litigation matters. She also represents clients in connection with investigations by the Federal Trade Commission, the Department of Justice Antitrust Division and various states’ attorneys general. Her antitrust representation encompasses assisting clients in obtaining antitrust clearance from federal and state authorities in connection with merger and acquisition transactions. Kay Lynn has provided representation for clients in many industries including food and beverage, franchising and distribution, direct sales, consumer products, manufacturing, health care, insurance, commercial explosives, oil and gas, electric power, internet and e-commerce, transportation, telecommunications, and vitamins.
Kay Lynn was profiled as an "up and coming" antitrust lawyer in Texas in 2007 by Chambers USA in its guide to America's Leading Lawyers for Business. She was recognized as a Texas "Super Lawyer" by Texas Monthly in 2003, 2004, 2005 and 2006 and named one of the Best Lawyers in Dallas Under 40 by D Magazine in 2002 and 2004.
REPRESENTATIVE EXPERIENCE
Defense jury verdict in antitrust class action in which bread buyers in the state of Texas alleged price-fixing conspiracy
Assisted natural gas company in obtaining approvals from the Federal Trade Commission and the Texas Attorney General to buy assets ordered to be divested from the Conoco-Phillips merger
Serving as Texas counsel to companies in ongoing patent infringement matters
Dismissal and summary judgment affirmed by the Fifth Circuit Court of Appeals in case alleging exclusive dealing, monopolization and state law tort claims
Defense summary judgment granted in monopolization and price discrimination case brought against major manufacturer by large group of terminated dealers
Motion to dismiss granted in favor of distributor sued by competitor for alleged violations of state and federal antitrust laws
Defeated class certification in price-fixing conspiracy case; order denying class certification affirmed by the Fifth Circuit Court of Appeals
Represented national hotel and real estate franchisors in multiple breach of contract and trademark lawsuits against franchisees
Design and implementation of antitrust compliance programs for clients in many industries
ARTICLES / PUBLICATIONS
ABA Section of Antitrust Law, Antitrust Law Developments (6th Ed. 2007)
Kay Lynn is a contributor
"Antitrust Compliance: Perspectives and Resources for Corporate Counselors," ABA Antitrust Section (April 2005)
Kay Lynn is a contributing essay author
Inside the Minds: The Art & Science of Antitrust Law: Leading Lawyers on Competition, Litigation and Globalization, Aspatore, Inc. (October 2003)
Kay Lynn was one of 13 leading antitrust lawyers selected to author a book chapter
"Franchise Update" (with Deborah S. Coldwell, Paul Goldean and Gail Schubot), SMU Law Review (Summer 1999)
"Proving Entitlement to Preliminary Injunctions Against Franchisees" (with Deborah S. Coldwell), ABA Franchise Law Journal (Winter 1999)
BRIEFINGS, SEMINARS & SPEECHES
"Antitrust Issues in Franchising," Fundamentals of Franchising, American Bar Association Forum on Franchising in conjunction with the Dallas Bar Association (March 2007)
"A Texas Antitrust Case from Trial through Appeal to the Texas Supreme Court" (co-presenter), Speech to the Texas State Bar Antitrust & Business Litigation Section at the State Bar of Texas Annual Meeting (June 2005)
Representing Franchise Clients: Issue Spotting and the Basics," Dallas Bar Association Solo & Small Firm Section (October 2001)
"Selected Antitrust Issues Related to Franchises and Business Opportunities" (topic presented as part of the program)
"It's Not Over Until the Signs Come Down: Practical Tips for Seeking Preliminary Injunctions in Franchise Terminations" (co-presented with Deborah S. Coldwell), Dallas Bar Association Franchise & Distribution Law Section (February 1999)
PROFESSIONAL / CIVIC AFFILIATIONS
Member
Dallas Bar Association, Antitrust Section (Council Member, present)
State Bar of Texas, Antitrust and Business Litigation Section (Council Member, 2002-2005)
American Bar Association, Antitrust and Litigation Sections and Forum on Franchising
Civic Affiliations
Junior Associates of the Dallas Museum of Art
An Affair of the Art, Underwriting Co-Chair (2006-2007) and Underwriting Committee (2005-2006)
New Friends/New Life, Advisory Board Member (2004-present)
MENTTIUM mentee (2005-2006)
United Way of Dallas, Young Leaders' Society and Women's Leadership Council
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