Kathryn Reilly
Practice Areas
Industries
Representative Clients
  • City & County of Denver
  • Colorado Ambulatory Surgery Center Association
  • Comfort Dental Group, Inc.
  • Denver International Airport
  • SCL Health

Kathryn Reilly
 
"A formidable litigator" and "a very creative
and solution-oriented attorney."
–Peer and client comments, respectively, to Chambers USA 2018

Kathryn Reilly is a skilled commercial litigator with considerable experience helping clients address antitrust issues and business disputes across a range of industries. In the past four years alone, she has served as lead counsel in seven federal antitrust actions.

Katie has favorably represented antitrust clients in matters involving monopolization, conspiracy, price fixing, exclusive dealing, and other competition-related disputes, including trade secrets and non-compete actions. She has extensive knowledge of the regulatory hurdles and obligations her clients face, and she develops effective litigation and trial strategies based on her clients' business priorities. Katie also routinely provides antitrust counseling to clients in connection with their formation of joint ventures, development of pricing policies, collaborations with competitors, and other activities potentially involving antitrust laws.  

Katie's additional commercial litigation experience includes successfully representing clients in business disputes at both the trial and appellate levels. Her experience includes contract disputes, business divorces, consumer fraud, and business tort claims. Katie has extensive healthcare industry experience, as well as real estate, aviation, manufacturing, sports, and telecommunications. Katie also represents municipalities in high-stakes and often contentious disputes involving other municipal entities.

Other Experience

Husch Blackwell
Jacobs Chase
WilmerHale
Cravath, Swaine & Moore, Summer Associate

Legal Memberships, Activities, and Honors

Chambers USA
    Band 4, General Commercial Litigation - Colorado, 2018-2019
    Up and Coming, General Commercial Litigation - Colorado, 2016-2017
BTI Consulting
    Client Service All-Star, 2019
The Best Lawyers in America
    Commercial Litigation, 2018-2020
    Antitrust Litigation, 2018-2020
    Mass Tort Litigation / Class Actions - Defendants, 2020
Benchmark Litigation
   
Under 40 Hot List, 2016-2017
Law Week Colorado
    Top Women Lawyers, 2016
    "People's Choice" Antitrust Lawyer, 2016-2018
Denver Business Journal
    "Forty Under 40," 2012
Colorado Super Lawyers
    Antitrust Litigation, 2017-2019
Colorado Rising Stars 
    Business Litigation, 2009-2016
American Health Lawyers Association 
    Antitrust Practice Group 
Colorado Lawyers Committee
    Board of Directors, 2008-2014 
    Sixth Amendment Task Force
Colorado Judicial Institute
    Board Member
Colorado Women's Bar Association Foundation
    Board of Directors, 2014-present
Colorado Women's Bar Association
Faculty of Federal Advocates
    Counsel/Co-counsel Program
University of Colorado Law School
    Dean’s Advisory Council, 2013-present

Community Memberships, Activities, and Honors

Denver Kids Inc.
    Board Chair, September 2017-present
    Board of Directors, 2010-present
    Executive Committee, 2012-present
    Mentor, 2006-2014
The Women’s Leadership Foundation, Colorado Women’s Chamber of Commerce
    Charter Member, Board Bound Program
Denver Metro Chamber of Commerce
    Leadership Denver Program, Class of 2011
Denver Metro Chamber Leadership Foundation
    Impact Denver Program, Class of 2007
La Conexión
    Board of Directors, 2006-2007
The Women's Foundation of Colorado
    Corporate Committee, 2011-2013


Kathryn Reilly represents clients in complex commercial and antitrust litigation, including in such highly regulated industries as aviation, healthcare, and telecommunications. Just in the past four years, Katie has served as lead counsel in seven unrelated antitrust actions in federal court. BTI Consulting named Katie to its nationwide 2019 Client Service All-Stars based on input from corporate counsel, and Chambers USA ranks her for commercial litigation in Colorado. Katie serves on the firm's five-member management committee.

Representative Cases Antitrust & Competition Antitrust & Competition
  • Beltran v. Noonan et al. (D. Colo. 2015) - Successfully represented multiple defendants in a $2.1 billion federal antitrust and labor class action challenging the au pair exchange program administered by the Department of State. After four years of litigation, and just two months before trial, WTO helped to negotiate settlement for the joint defense group, resulting in defendants paying only 3% of the demand.
  • Successfully defended a leading technology distributor against claims of civil conspiracy and trade secret misappropriation brought by former competitors, who sought tens of millions of dollars in damages. Following full discovery and a Daubert hearing, plaintiffs dismissed all claims on the eve of trial without any settlement or payment from WTO's client.
  • Won WTO's motion to dismiss a federal antitrust action for a New Mexico healthcare trade association accused of conspiring to exclude healthcare providers from market.
  • Won motions to dismiss all antitrust claims against our client, a leading technology distributor, in multiple related antitrust conspiracy lawsuits brought by former distributors.
  • EPMM Colorado v. Green Cross Colorado (Denver Cnty. Dist. Ct. 2015) - Won reversal of a TRO that had been issued ex parte at the close of business on a Friday, effectively shutting down operations for a major manufacturing and distribution client, and subsequently won rejection of the injunction against WTO's client.
  • Successfully represented a healthcare trade association in an $80 million federal antitrust lawsuit alleging conspiracy among the trade association, health systems, and health insurance companies.
  • JetAway Aviation v. Board of County Commissioners of the County of Montrose, Colorado (D. Colo.; 10th Cir.) - Won summary judgment from trial court and successfully defended that order before the Tenth Circuit in a federal antitrust lawsuit alleging conspiracy to monopolize fixed-base operations at an airport.
  • TOG & Wild Harvest v. U.S.P.S. (D. Colo. 2012) - Successfully defended a government contractor in a federal antitrust class action and obtained early dismissal of tying and monopolization claims asserted by franchisee plaintiffs.
  • Defended a health system against antitrust claims and state law claims in multiple lawsuits brought by physicians relating to failed joint ventures.
  • Counseled healthcare providers regarding antitrust implications of joint venture transactions, the development of integrated networks, ACOs, managed care contracting, and price and cost surveys among competitors.
Commercial Litigation Commercial Litigation
  • Won summary judgment in a high-stakes commercial dispute between technology companies. WTO represented 10 of 12 defendants and served as lead counsel for the joint defense. At issue were questions of legality and fraud related to asset management and an outstanding loan owed by a business entity that had dissolved. WTO demonstrated that its clients had been fair and above-board, and that no fraud existed.
  • Successfully defended a telecommunications company in a state and federal putative class action in Washington arising out of an alleged data breach.
  • Successfully represented Aimco, one of the largest apartment owners in the U.S., in nationwide litigation alleging intentional torts against Airbnb. The closely watched litigation is changing how the short-term rental industry operates. Airbnb settled all litigation on the eve of the first trial on terms allowing Aimco to control short-term rental activity consistent with its contract and property rights.
  • Won summary judgment in arbitration for a nation-leading telecom provider in an indemnification dispute with a former subcontractor whose employee filed a class action lawsuit in the Southern District of New York. Though the plaintiff was one classmember among thousands, WTO demonstrated that the subcontractor was liable to indemnify WTO's client for all of its attorneys' fees related to the class action and a pro rata share of the resulting settlement. WTO's client won $1.5 million, plus attorney fees.
  • Represent a health system in a putative consumer class action alleging fraud and consumer deception claims relating to issuance of patient refunds through prepaid debit cards.
  • Won a Tenth Circuit appeal for a leading U.S. railroad operator defending a district court order that dismissed a third-party intervenor's claims against WTO's client based on lack of standing to enforce an EPA consent decree.
  • Successfully represented an aerospace supplier in a product liability action involving responsibility for a $10 million cleanup effort at a rocket manufacturing facility.
  • Successfully defended a Fortune 50 telecommunications conglomerate against allegations brought by a competitor that WTO's client breached FCC phone number portability regulations.
  • Successfully represented a leading regional healthcare network as lead trial counsel in a high-stakes trademark dispute against a national healthcare insurance provider.
  • Obtained dismissal for an insurance company client facing a civil RICO lawsuit in federal court, with risk of treble damages, for issuing a surety bond to a marijuana business as required by state regulations. The judge granted our client's motion to dismiss because the plaintiffs failed to plausibly allege injury sufficient to establish RICO standing.
  • Won summary judgment for a major ski resort as plaintiff in a contract dispute involving a wireless infrastructure contractor.
  • Represent one of the nation's largest healthcare franchisors in a federal court action challenging the legality of the underlying business model.
  • Successfully represented a Colorado-based healthcare system in breach of contract action involving provision of home healthcare services.
  • Won a complete verdict in a bench trial in federal bankruptcy court involving claims of fraud alleged in a business divorce.
  • Bristol Bay Productions v. Lampack (Colo. Denver Dist. Ct. 2008) - Won dismissal from trial court for publisher Simon & Schuster in a case involving a movie studio's $50 million damages claim relating to the movie Sahara and alleging false representation of popular novelist Clive Cussler's readership figures.
  • Represented the founders of a major ski resort in a two-week jury trial against a leading mountain resort company in a breach of contract action.
  • Represented a health system and obtained favorable settlement in a breach of contract action based on the termination of a management services contract for a Colorado hospital's oncology department.
  • Represented a Fortune 100 telecommunications company in a favorable appeal in the U.S. Court of Appeals for the D.C. Circuit involving the application of Federal Communications Commission (FCC) regulations.
  • ThermaSol v. Gems Sensors (Cal., Ventura Cnty. Super. Ct.) - Defended a manufacturing company against a multimillion-dollar breach of warranty claim involving allegedly defective parts and negotiated a favorable settlement of less than 10 percent of the damages claimed.
  • Hammond v. Opler (Colo. Boulder Cnty. Dist. Ct. 2008) - Obtained a favorable verdict and monetary damages in a one-week jury trial based on an extreme and outrageous conduct claim.
Municipal Municipal
  • Represented the City of Aurora in a Rule 106 action against the City of Greenwood Village involving an intergovernmental agreement between the cities under which Greenwood Village transferred development authority of a real estate parcel to Aurora.
  • Represented Denver International Airport in high-profile claims involving bid rigging and unfair competition relating to a $50 million terminal concessions contract.
  • Represented Denver International Airport against the Regional Transportation District in a dispute over cost sharing agreements involving a new rail line serving the airport.
  • Represent citizens in a lawsuit against a municipality alleging a violation of the Colorado Taxpayer Bill of Rights (TABOR).
Real Estate Real Estate
Representative Clients
  • City & County of Denver
  • Colorado Ambulatory Surgery Center Association
  • Comfort Dental Group, Inc.
  • Denver International Airport
  • SCL Health
Bar and Court Admissions
  • Colorado
  • New York
  • District of Columbia
  • U.S. Court of Appeals for the District of Columbia Circuit
  • U.S. Court of Appeals for the Tenth Circuit
Other Experience

Husch Blackwell
Jacobs Chase
WilmerHale
Cravath, Swaine & Moore, Summer Associate

Legal Memberships, Activities, and Honors

Chambers USA
    Band 4, General Commercial Litigation - Colorado, 2018-2019
    Up and Coming, General Commercial Litigation - Colorado, 2016-2017
BTI Consulting
    Client Service All-Star, 2019
The Best Lawyers in America
    Commercial Litigation, 2018-2020
    Antitrust Litigation, 2018-2020
    Mass Tort Litigation / Class Actions - Defendants, 2020
Benchmark Litigation
   
Under 40 Hot List, 2016-2017
Law Week Colorado
    Top Women Lawyers, 2016
    "People's Choice" Antitrust Lawyer, 2016-2018
Denver Business Journal
    "Forty Under 40," 2012
Colorado Super Lawyers
    Antitrust Litigation, 2017-2019
Colorado Rising Stars 
    Business Litigation, 2009-2016
American Health Lawyers Association 
    Antitrust Practice Group 
Colorado Lawyers Committee
    Board of Directors, 2008-2014 
    Sixth Amendment Task Force
Colorado Judicial Institute
    Board Member
Colorado Women's Bar Association Foundation
    Board of Directors, 2014-present
Colorado Women's Bar Association
Faculty of Federal Advocates
    Counsel/Co-counsel Program
University of Colorado Law School
    Dean’s Advisory Council, 2013-present

Government Service

Judicial Law Clerk to The Honorable Julia S. Gibbons, U.S. District Court, Western District of Tennessee, and U.S. Court of Appeals, Sixth Circuit, 2001-2002

Community Memberships, Activities, and Honors

Denver Kids Inc.
    Board Chair, September 2017-present
    Board of Directors, 2010-present
    Executive Committee, 2012-present
    Mentor, 2006-2014
The Women’s Leadership Foundation, Colorado Women’s Chamber of Commerce
    Charter Member, Board Bound Program
Denver Metro Chamber of Commerce
    Leadership Denver Program, Class of 2011
Denver Metro Chamber Leadership Foundation
    Impact Denver Program, Class of 2007
La Conexión
    Board of Directors, 2006-2007
The Women's Foundation of Colorado
    Corporate Committee, 2011-2013

Articles/Presentations


Education
  • New York University School of Law, J.D., 2001, cum laude
  • University of Virginia, B.A., 1998, Classics and English, with distinction
Government Service

Judicial Law Clerk to The Honorable Julia S. Gibbons, U.S. District Court, Western District of Tennessee, and U.S. Court of Appeals, Sixth Circuit, 2001-2002

Bar and Court Admissions
  • Colorado
  • New York
  • District of Columbia
  • U.S. Court of Appeals for the District of Columbia Circuit
  • U.S. Court of Appeals for the Tenth Circuit