Kathy Grant, special attorney in the Firm’s Litigation practice, has wide-ranging experience involving false advertising and unfair competition and products liability. Kathy has particular experience in litigation involving pharmaceutical products, dietary supplements, medical foods, medical devices, and oil and gas pipeline equipment. Her extensive litigation experience includes management of fact and expert discovery, dispositive and non-dispositive motion practice, arbitration, trial and appeal.
Prior to law school, Kathy served as a bioenvironmental engineering officer in the U.S. Air Force and an engineer officer in the U.S. Public Health Service, specializing in, and publishing research concerning the recognition, prevention and control of work-related musculoskeletal injuries. She is also a registered professional engineer (inactive) in Texas.
- Manufacturers of branded prescription erythromycin ethylsuccinate products, and methylene blue for injection, in litigation alleging false advertising and unfair competition against competitors in violation of federal and state law.
- U.S. manufacturers of carbon steel flanges used in oil and gas pipelines in federal false advertising case against foreign competitors, one of which resulted in a unanimous, multi-million dollar jury verdict and entry of a permanent injunction in favor of the clients.
- A leading U.S. medical food manufacturer in a federal false advertising against a competitor falsely advertising its products as equivalent to the clients’ branded prescription medical foods. After a two-week jury trial, the case settled on favorable terms.
- Pharmaceutical companies against class action claims brought by a class of pharmacies pursuant to the federal Telephone Consumer Protection Act.After filing a motion to dismiss, the case against the client was dismissed.
- Pharmaceutical companies in arbitral proceeding and subsequent court actions in cases alleging breach of intellectual property licensing agreements.
- A pharmaceutical company in a qui tam action brought by a former employee pursuant to the California Insurance Frauds Prevention Act. After delivering a presentation to the California Department of Insurance, the state elected not to intervene. The case later settled for less than defense costs.
- A manufacturer of non-invasive cancer testing and bioinformatics against a competitor that disparaged the client’s testing and falsely claimed to offer a superior test. After accelerated discovery in preparation for a preliminary injunction hearing, the case settled on favorable terms to the client.
- Manufacturers of topical pharmaceutical products in false advertising cases against competitors that falsely advertised allegedly “generic” versions of the clients’ brand name drugs.Cases settled prior to trial on terms favorable to client.
- Major pharmaceutical (NAISD manufacturers) and medical device companies (pelvic mesh manufacturers) facing mass tort allegations in MDL proceedings in federal district court.
- A leading global manufacturer of occupational safety and health equipment in a challenge brought before the National Advertising Division (NAD) of the Better Business Bureau
- Semiconductor manufacturers in suits by former employees and their family members alleging that use of certain chemicals in the workplace causes birth defects.
- A garage door repair company in action alleging trademark infringement and unfair competition.
- A leading manufacturer and distributor of office copier equipment in series of cases alleging breach of lease and services agreements.Cases were eventually dismissed or settled for nuisance value.
University of Texas School of Law
J.D., magna cum laude
- Order of the Coif
- Associate Editor, Texas Intellectual Property Law Journal
Texas A&M University
Ph.D., Industrial Engineering
Texas A&M University
B.S., magna cum laude, Bioengineering
- United States District Court for the Northern District of Texas
- United States District Court for the Southern District of Texas
- United States District Court for the Western District of Texas
- San Antonio Bar Association
- Pro bono volunteer, San Antonio Legal Services Association (family law clinic, veteran’s expunction clinic, wills clinic)
- Big Brothers Big Sisters of Texas student mentor
Awards & Accolades
- Rising Star, S.A. Scene (2009, 2011)
- “Know When to Hold Them: The Ins and Outs of Litigation Holds and Document Preservation,” Association of Corporate Counsel South/Central Texas Chapter Roundtable Discussion (November 30, 2011)
- “Truth in Drug Advertising: Avoiding Consumer Fraud and False Advertising Allegations,” ACI Conference on Advertising, eMarketing and Promotions for the Pharmaceutical Industry (March 14, 2011 )