Katy E. Koski

Partner

Overview

Katy E. Koski is a partner and litigation lawyer with Foley & Lardner LLP. She is an experienced trial lawyer with particular experience defending pharmaceutical and other life science companies in large, multi-jurisdictional government investigations and litigations. Ms. Koski also has represented clients on matters involving product liability claims in a variety of industries, including drug and medical companies, product distributors, and aircraft manufacturers.

Since 2005, she has represented pharmaceutical manufacturers in the nationwide Average Wholesale Price (AWP) litigation. The AWP litigation consists of 50 separate lawsuits pending in state and federal courts around the country, including a qui tam action under the Federal False Claims Act and numerous civil enforcement actions brought by state attorneys general alleging violations of a variety of state statutes, including state false claims acts. Ms. Koski has appeared as co-counsel in both jury and bench trials in various jurisdictions around the country defending against these claims.

Prior to joining Foley, Ms. Koski was a partner with K&L Gates.

Representative Experience

  • Representing an international medical device manufacturer in product liability litigation alleging claims of defective design and manufacture and failure of post-market duties to monitor and warn about serious health risks
  • Represent an NYSE-listed drug manufacturer challenging drug pricing practices, violations of the False Claims Act, and other state statutes governing business practices, throughout the country 
  • Represent drug distributor in action brought by state challenging distribution of controlled substances 
  • Represent drug company in investigations and actions brought by several state and local governments challenging sales and marketing practices of branded controlled substances 
  • In 2011, following an eleven-day jury trial, obtained complete defense verdict on behalf of generic drug manufacturer in AWP litigation 
  • In January 2009, following a seven-day trial and two days of deliberations, obtained a $15.7 million patent infringement verdict for NYSE-listed global healthcare company and medical device manufacturer; this verdict was listed as #1 by Massachusetts Lawyers Weekly in "Top Verdicts of 2009" 
  • Represented a pharmaceutical manufacturer in defense of product liability claims, as regional counsel 
  • Assisted venture capital firm in securing control of company from ousted principals 
  • Represented Massachusetts Board of Bar Examiners before the Supreme Judicial Court of Massachusetts in successful opposition to two appeals by applicants who were denied admission to the practice of law 
  • Represented aircraft manufacturers in defense of numerous product liability claims arising out of alleged exposure to asbestos, as regional counsel
  • Represented several medical device manufacturers in defense of product liability claims including failure to warn, design and manufacturing defects in several jurisdictions in the United States
  • Represented generic drug manufacturer, as regional counsel, in defense of product liability claims subsequently dismissed on preemption grounds
  • Represented regional distributor of tobacco products to retail stores in claims premised on novel theories of marketing and distribution to certain demographic groups

Recognition

Ms. Koski has been has been selected for inclusion in the Massachusetts Super Lawyers – Rising Stars® (2005 2008, 2010 2011, 2013 2016). In 2016, The Legal 500 recognized Ms. Koski for her work in life sciences. She also was elected to membership in the International Association of Defense Counsel (IADC). This invitation-only membership is comprised of the world’s leading corporate and insurance lawyers and insurance executives.

Thought Leadership

Ms. Koski is a frequent writer and speaker on topics surrounding biologic drug patents, FDA rulings on drug labelling impacting generic pharmaceutical manufacturers, and issues concerning litigation prevention, assessment and management, among other topics.

Education

Ms. Koski earned her law degree from Georgetown University Law Center (J.D., 2001), where she was senior editor for the Georgetown Journal of Legal Ethics. She graduated, cum laude, from the University of Vermont (B.A., 1998).

Admissions and Professional Memberships

Ms. Koski is admitted to practice in Massachusetts, and before the U.S. Court of Appeals for both the Federal and First Circuits, and the U.S. District Court for the District of Massachusetts.

She is a member of the American Bar Association and its sections on Litigation, and Women in Products Liability Subcommittee. Ms. Koski is also a member of the Defense Research Institute and its Drug and Medical Device Section.

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