Kate E. Middleton

Litigation & Advocacy

Kate assists clients in enforcing restrictive covenants, defending against claims alleging violations of restrictive covenants, and using these covenants effectively to protect their assets and investments, including trade secrets. Kate has extensive experience securing injunctive relief for clients in cases involving restrictive covenants and has litigated claims involving trade secret misappropriation nationwide.

She is also passionate about the health and life sciences industry and is committed to understanding the businesses, needs, and priorities of our health and life sciences (HLS) clients. As a result, Kate has dedicated a significant part of her practice to representing HLS clients — device manufacturers, tech and software companies, hospital systems and pharmacies — in a variety of commercial litigation matters, including multidistrict litigation involving prescription opiates and medical devices, restrictive covenant and trade secret litigation, and contractual and business disputes.

Kate is also a valued member of Faegre Drinker’s bench of trial attorneys. She has first- and second-chair experience in jury and bench trials, evidentiary hearings and arbitrations. Kate also excels at leveraging visual advocacy to make a client’s best and most persuasive case before a judge or jury.

Artificial Intelligence & Automated Decision-Making Team (AI-X) — Health & Life Sciences

Kate is the co-leader of the health and life sciences segment of Faegre Drinker’s artificial intelligence and automated decision-making (AI-X) team. AI-X is an interdisciplinary team comprised of Faegre Drinker attorneys, consultants and in-house data scientists who advise clients on emerging laws, regulations, and industry standards relating to AI technologies; help clients develop responsible AI governance models; counsel on regulatory compliance, best practices, risk management and risk allocation related to these technologies; help clients to leverage, license and protect proprietary data and models; and provide effective advocacy when litigation involving these technologies arises. The AI-X team’s health and life sciences segment brings this holistic approach and deep understanding of the health and life sciences industry to assist clients on issues related to artificial intelligence, machine learning, Big Data and automated decision-making. These technologies are transforming health care, and the AI-X team is excited to support clients in their efforts to innovate in this space, wherever they are in their journey.

Kate is also pursuing a certificate in artificial intelligence and machine learning through MIT’s Professional Certificate Program in Machine Learning & Artificial Intelligence. 

Representative Experience

Kate’s representative matters include:

• Securing permanent consent injunction against employee of Fortune 100 company’s health care artificial intelligence business who accepted employment with direct competitor in violation of his non-compete, non-disclosure, and non-solicitation obligations.
• Serving as national counsel for pharmacy chain defendant in national opioid litigation.
• Securing preliminary injunction against former executive of Fortune 100 company’s smart energy business who accepted employment with a direct competitor in violation of his non-compete and non-solicitation obligations.
• Securing summary judgment for Fortune 100 company’s smart building solutions company, defeating claims for trade secret misappropriation and tortious interference.
• Serving as national counsel for medical device manufacturer in nationwide pelvic mesh litigation.
• Securing preliminary injunction for preeminent franchisor against franchisee who violated non-compete and non-disclosure obligations by establishing competing business using franchisor’s proprietary system and information.