Kate E. Middleton

Partner

Overview

Kate Middleton is an experienced litigator whose practice centers on helping clients protect their investments in innovation and the things they value most — information, technology and people. Kate represents clients in restrictive covenant and trade secret litigation across several industries, including health and life sciences, manufacturing and technology, and franchising and distribution. Kate also represents clients in complex disputes involving commercial contracts and licensing agreements, business torts and products liability, and she counsels clients on risk management.

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.

Credentials

Bar Admissions

Illinois
Minnesota

Court Admissions

U.S. District Court for the Northern District of Illinois
U.S. District Court for the Northern District of Indiana
U.S. District Court for the Southern District of Illinois

Education

Loyola University Chicago School of Law
J.D. International Law Review (senior editor) (2011)

University of North Carolina
B.A. in International Studies and French, with highest honors, Track & Field, Pole Vault (2006)

Insights & Events

Other Perspectives

Leadership & Community

Pro Bono

Kate is dedicated to serving pro bono clients, particularly veterans and asylum seekers. Kate regularly represents veterans in benefit claims before the Board of Veterans Appeals, and in discharge upgrade claims before the Army and Navy boards for the correction of military records and the Court of Federal Claims. Kate also helps clients to navigate the asylum process and achieve asylee status.

Professional Associations

  • Minnesota Women Lawyers
  • American Bar Association

Honors

  • Best Lawyers®— "Ones to Watch," Commercial Litigation, 2021-22
  • Faegre Drinker — Pro Bono Honor Roll, 2020-21
  • Illinois Super Lawyers — Rising Star, Business Litigation, 2016
  • Faegre Baker Daniels — Pro Bono Honor Roll, 2016-19
  • Chicago Intellectual Property Colloquium — Fellow
  • Willem C. Vis International Commercial Arbitration Moot Court

Awards Methodology

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