Overview
Kathy Osborn helps clients limit and manage risk on multiple fronts. She is a commercial litigator and trial attorney who represents clients in complex antitrust, commercial contract, shareholder, corporate, class action, insurance, white collar, and high-wealth fiduciary/estate/probate matters. Kathy also is an active antitrust compliance counselor and co-chair of the firm’s antitrust and trade regulation practice. She uses creativity, strong advocacy and strategic thinking to resolve disputes and minimize risk for clients.
Kathy educates and aids executives by providing briefings on key antitrust trends and important compliance considerations. For an executive briefing, please contact Kathy. In addition to litigation and antitrust compliance counseling, Kathy helps businesses and organizations with child guests develop child protection policies to safeguard visitors, manage risk and comply with insurance policy requirements.
Litigation
Kathy represents businesses and individuals in state and federal courts and before enforcement agencies in matters such as:
- Antitrust and multidistrict litigation proceedings
- Complex commercial and corporate litigation
- Class actions
- Grand jury investigations and civil investigative demands
- Proceedings before the U.S. Department of Justice, Federal Trade Commission and state Attorneys General
- International and domestic cartel matters, both civil and criminal
- Complex business contract dispute matters
- Fiduciary/estate/probate/trust/guardianship litigation and arbitration
- Insurance matters, including beneficiary and structured settlement disputes
Antitrust Compliance Counseling
Kathy counsels and trains businesses on competition law matters including practices to reduce risk under the Sherman, Clayton, FTC and Robinson-Patman Acts and state antitrust and competition laws. Clients rely on Kathy to advise them regarding:
- Joint ventures, competitor collaborations, mergers and acquisitions
- Competitor information exchanges during transaction planning, due diligence and in the context of business collaborations
- Pre-merger notification/merger control filing
- Advertising and marketing representations including Lanham Act compliance
- Group purchasing
- Exclusive dealing, tying, bundling and loyalty discounts
- Joint bidding
- Pricing, including resale price maintenance, minimum advertised pricing and price discrimination
- Trade associations, standard setting, benchmarking and relationships between competitors
Kathy's industry experience in antitrust spans food and agribusiness, automotive, construction, education, pharmaceuticals, health care, orthopedic and other medical products, insurance, retail, energy, utilities, sports, manufacturing and construction.
Past Experience
Before becoming a lawyer, Kathy worked 11 years for Indiana University's Institute on Disability and Community. She secured grants, managed systems change efforts, conducted research and training on organizational change and inclusion, and supported schools and community organizations to include people with disabilities.
Personal Interests
Kathy loves art, travel, snorkeling, good food and the outdoors. She is an avid audible.com book “listener” so ask her what she has read lately and share with her your favorites!
Services & Industries
Credentials
Bar Admissions
Indiana
Court Admissions
U.S. Court of Appeals for the Fourth Circuit
U.S. Court of Appeals for the Sixth Circuit
U.S. Court of Appeals for the Seventh Circuit
U.S. Court of Appeals for the Ninth Circuit
U.S. District Court for the Northern District of Indiana
U.S. District Court for the Southern District of Indiana
Clerkships
Indiana Supreme Court, Hon. Frank Sullivan Jr., 1999-2000
Indiana Supreme Court, Hon. Myra C. Selby, 1999-1999
Education
Indiana University Maurer School of Law
J.D. with a minor in Gender Studies, magna cum laude, Order of the Coif (1999)
Indiana University, Bloomington
B.S. in Biology, magna cum laude, Phi Beta Kappa (1987)
Indiana University, Bloomington
B.A. in Religious Studies, summa cum laude, Phi Beta Kappa (1987)
Experience
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2020 1 min readInsurance LitigationFinancial Services Insurance Litigation & Dispute Resolution
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2020 1 min readDental Benefits Provider Receives Compliance and Regulation CounselHealth & Life Sciences Insurance Hospitals & Health Systems Managed Care & Health Insurance Government & Regulatory Affairs Corporate Public Companies & Governance Intellectual Property
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2019 1 min readMidwest Poultry Defends Multidistrict ProceedingAgribusiness Food & Beverage Antitrust Litigation & Dispute Resolution Class Actions
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May 2017 1 min readInternational Electronics Manufacturer Navigates Antitrust AllegationsAntitrust Litigation & Dispute Resolution
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January 2017 1 min readConcrete Services Company Completes Sale to Public CompanyCorporate Mergers & Acquisitions Environment & Energy
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2017 1 min readLLC Member Seeks to Force Buyout Over Fiduciary Duty BreachLitigation & Dispute Resolution
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September 2015 1 min readTechnicolor Acquires London-Based The MillCorporate International Transactions Mergers & Acquisitions
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2011 1 min readNCAA Defeats Antitrust ClaimsAntitrust Litigation & Dispute Resolution
Insights & Events
Latest
Insights
Other Perspectives
- Antitrust Compliance and Anti-Poaching Agreements
Co-presenter, Advanced Corporate Counsel, ICLEF, French Lick, Indiana, October 2018
- Effective Mediation of Complex Business Disputes — What, Besides Money, Might Close the Gap?
Co-presenter, Advanced Business Litigation Summit, Indianapolis Bar Association, Indianapolis, Indiana, September 2018 - Antitrust Basics for General Practitioners: Understanding Risks to Accomplish Business Objectives
Co-presenter, Indiana State Bar Association, Indianapolis, Indiana, July 2018 - Advanced Mergers & Acquisitions: Information Exchanges and Transaction Planning
ICLEF, November 2017 - A Breakout on Outbreaks: Lessons Learned and Preparation for the Next Avian Influenza or Other Agricultural Product Disease Outbreak
Moderator, 2016 Food & Agriculture National Conference, Faegre Baker Daniels, Indianapolis, Indiana, May 2016 - Negotiating a Complex Transaction — Legal Pitfalls Before the Deal Is Signed
Co-presenter, Association of Corporate Counsel, Indiana Chapter, June 2015 - Joint Defense, Joint Prosecution and Judgment Sharing Agreements
Panelist and event planning committee, Fourth Annual Great Lakes Antitrust Institute Conference & Webinar, Columbus, Ohio, November 2012 - Ethical Concerns for the Individual and the Company: Everything You Need to Know About Antitrust Ethics You Learned in Kindergarten
Co-presenter, Energy Conference, Indiana Energy Association, October 2012 - Antitrust Law for the General Practitioner: What You and Your Client Need to Know
Co-presenter, Indianapolis Bar Association-Indiana Continuing Legal Education Forum, August 2012 - Effective Communication and Representation Strategies for Clients With Mental Health Disabilities
Co-presenter, District 10 Pro Bono Project: Pro Bono PotPourri 2, Bloomington, Indiana, November 2011 - Twombly in the Courts
Co-presenter, Third Annual Great Lakes Antitrust Institute, Ohio State Bar Association, October 2011 - Antitrust Risks — What They Are and How to Reduce Them
Author, A High Price to Pay: Are You and Your Company at Risk for Violating Antitrust Laws? Part III, Inside Indiana Business, March 18, 2011 - The Implications of Criminal and Civil Antitrust Proceedings
Author, A High Price to Pay: Are You and Your Company at Risk for Violating Antitrust Laws? Part II, Inside Indiana Business, March 17, 2011 - Illegal Competitor Collaborations
Author, A High Price to Pay: Are You or Your Company at Risk for Violating Antitrust Laws? Part I, Inside Indiana Business, March 16, 2011 - Indirect Purchaser Lawsuits: A State-by-State Survey
Contributor to Indiana Chapter (Eric J. McCarthy, Gregory S. Seador, Charles R. Price, eds.), American Bar Association, 2010 - Key Antitrust Laws & Counseling Issues for Health Care Transactions
Co-presenter, Indianapolis Bar Association, October 2010 - The Seven Deadly Sins of Appellate Practice
Co-presenter with Honorable Margret G. Robb, Indiana Court of Appeals, and Karl Mulvaney, IndyBar Association's Bench Bar Conference, Louisville, Kentucky, June 2010 - Appellate Civil Case Law Update
Res Gestae, author or co-author of quarterly columns since 2000
Leadership & Community
Pro Bono
- Indianapolis Bar Association — Practicing Attorney Aiding Individuals Pro Bono Award, 2011
- Faegre Baker Daniels — Pro Bono Honor Roll, each year, 2012-16; Charles L. Whistler Pro Bono Award, 2009
Professional Associations
- Women's White Collar Defense Association, 2015-present
- Indianapolis Bar Foundation — Fellow, 2018
- Indianapolis Bar Association — Litigation Section and Appellate Practice Section (Chair, 2010; Vice-Chair, 2009; Treasurer, 2008; and Secretary, 2007)
- Indiana State Bar Association — Appellate Practice & Litigation Sections
- American Bar Association — Litigation Section & Antitrust Section (Agriculture and Food Committee, Vice-Chair, 2012-15)
- Sagamore Inn of Court, 2007-12
- Indianapolis Inn of Court, 2003-06
Civic Activities
- Indiana Legal Services, Inc. — Board of Directors, 2017-present
- Indiana Protection and Advocacy Commission — Member, 2002-14
- Day Nursery Association of Indianapolis, Inc. — Board of Directors, 2006-12 (Vice President of Leadership Development for Board of Directors and Executive Committee, 2009-12)
- Youth Job Preparedness Program — Board Member and Past President, 2000-05
- Executive Women's Leadership Program — Class XIII
- Indiana Association for Persons in Supported Employment — Board Member and Past President, 1990-2000
- Big Brothers/Big Sisters of South Central Indiana — Volunteer, 1988-2000, and Big Sister of the Year Award
Firm Leadership
- Antitrust & Trade Regulation Practice — Co-Chair
- Indianapolis Office — Leader, 2018-present
Honors
- Faegre Baker Daniels — Pro Bono Honor Roll, 2018-19
- U.S. District Court for the Southern District of Indiana — Pro Bono Honor Roll, 2016
- Best Lawyers®— Antitrust Litigation, 2017-21 (Indianapolis Antitrust Lawyer of the Year, 2020)
- Indianapolis Business Journal — Woman of Influence, 2014
- Indiana Super Lawyers — Antitrust Litigation, 2013-19; Business Litigation, 2011-12; Rising Star, Business Litigation, 2010
- Benchmark Litigation — Future Star, 2009-17, 2020
- Whirlpool Mother of Invention Grant — Second Prize Winner, 2006
- Indiana University — Outstanding Religious Studies Major Award, 1987; Phi Beta Kappa, 1986; and Alpha Lambda Delta