Kate E. Gehl

Senior Counsel

Overview

Kate E. Gehl is a senior counsel and business litigation attorney with Foley & Lardner LLP and a member of the Business Litigation & Dispute Resolution and Antitrust Practices. She has experience assisting Foley’s clients in a range of complex commercial litigation matters, including antitrust litigation, securities litigation, shareholder disputes, class action defense, contract disputes, and internal investigations. Kate has represented public companies and their directors and officers in class actions challenging merger transactions and proxy disclosures and in class actions under the PSLRA. Kate has also handled a wide range of matters dealing with corporate fraud, breach of fiduciary duty, and shareholder derivative claims, as well as represented a diverse set of clients in a variety of antitrust lawsuits, including allegations of price-fixing, market allocation, and other horizontal and vertical restraints. Additionally, she has served as antitrust counsel to clients in the medical device and software industries in intellectual property disputes. More broadly, Kate's practice includes representing corporate clients in all types of business litigation in federal and state court.

Prior to joining Foley, Kate was a judicial clerk for the Honorable J.P. Stadtmueller, United States District Court for the Eastern District of Wisconsin, and she worked as a law clerk for the United States Office of Special Counsel in Washington, D.C.

Education

Kate earned her law degree from the University of Minnesota Law School, magna cum laude. She graduated, with distinction, from The University of Wisconsin - Madison, with a bachelor’s degree in history.

Admissions and Professional Memberships

Kate is admitted to practice in the state of Wisconsin, and before the United States Court of Appeals for the Seventh Circuit, and the United States District Court for the Eastern District of Wisconsin. Kate serves as a Young Lawyer Representative on the ABA Section of Antitrust Law Trade, Sports & Professional Associations Committee and on the board of directors for the Milwaukee Young Lawyers Association. She previously served as a member of the Thomas E. Fairchild American Inn of Court. Kate is also a member of the American Bar Association, the Seventh Circuit Bar Association, the Milwaukee Bar Association, the Eastern District of Wisconsin Bar Association and the Association for Women Lawyers. Kate is actively involved in pro bono representation and she has argued before the United States Court of Appeals for the Seventh Circuit.

Representative Matters

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Foley represents Fiserv Solutions, Inc. (“Fiserv”), which is one of the world’s leading providers of technology solutions to financial institutions such as banks and credit unions. Fiserv entered into agreement to license a “core” software platform to Wildfire Credit Union, located in Michigan. After the contract was executed, Fiserv began to install and implement the software, a significant undertaking. Wildfire became unhappy with the implementation and purported to terminate the contract. When Fiserv responded that that Wildfire had no legal basis for termination, Wildfire filed suit in federal district court in Detroit, Michigan. Fiserv counterclaimed, asserting that Wildfire terminated the contract without cause and, as a result, owes significant early termination fees to Fiserv.
2012 was a year of instability in collegiate conferences with significant realignment taking place in conferences nationwide. Conferences responded with strategies aimed at preventing universities from moving to stronger conferences. Foley’s sports industry team is representing a university whose decision to withdraw from its current athletic conference was met with a demand that the school pay a huge withdrawal fee to join another athletic conference. The complaint claims that the withdrawal penalty is an illegal restraint of trade in violation of the State’s antitrust laws. This matter is on-going and its outcome will have precedent-setting ripple effects on collegiate sports. Foley understands collegiate athletics and is well entrenched in the landscape spawning the conference realignment movement. Foley’s sports team also brings proven experience in antitrust and sports litigation.
Represent family-owned construction and paving company in dispute with second-generation shareholder alleging breach of fiduciary duty by family members concerning company management and distribution of dividends. In response to the shareholder's derivative demand, we assisted the company in formation of a Special Litigation Committee that examined the shareholder's allegations. We also represent the company in related litigation in which the shareholder asserts direct and derivative claims.

Capabilities