Kendall E. Waters

Senior Counsel

Kendall E. Waters

Senior Counsel

Kendall Waters is a litigation senior counsel at Foley & Lardner, LLP who works across the manufacturing and health care sectors, including representing consumer product, food & beverage, automotive, medical device, pharmaceutical, and health care provider clients. Emerging as a respected advisor, Kendall’s clients trust her to bring value to cases with her keen insight. Kendall has served as lead trial counsel on behalf of health care providers in weekslong administrative formal hearings and as second chair in a weeklong international arbitration against a major pharmaceutical company, securing a multimillion-dollar award for our client. Clients emphasize Kendall’s poise and ability to prepare their employees for depositions and trials, noting her ability to work through difficult issues with witnesses while putting them at ease.

Kendall has secured favorable results for clients across all phases of litigation, including the pleading stage and summary judgment, mediation and settlement negotiations, arbitration and bench trials, and federal appeals. She focuses her practice on complex litigation in state and federal courts and represents clients in a variety of commercial, consumer, and class action disputes. Kendall has served as editor of Foley’s Consumer Class Defense Counsel blog since 2021 and is a member of the firm’s national Recruiting Committee.

Kendall maintains a robust pro bono practice, including working with Inner City Law Center to help tenants with their uninhabitable living conditions. She also works with pro bono clients on asylum cases.

Prior to joining Foley, Kendall was a judicial intern for the Superior Court of the District of Columbia and a legal intern with the Federal Trade Commission in their health care division of the Bureau of Competition.


  • Spanish (professional working proficiency)
29 June 2023 The Path & The Practice

100th Episode Special: Recruiting Roundtable with Kendall Waters, Tori Roessler, & Dan Sharpe

In celebration of the 100th episode of The Path & The Practice, Alexis Robertson welcomes Kendall Waters, Tori Roessler, and Dan Sharpe for a super-sized episode dedicated to exploring the path to legal practice.
06 July 2022 Manufacturing Industry Advisor

Top Legal Issues Facing the Manufacturing Sector in 2022

As the global economy faces the third year of the pandemic, manufacturers are no longer focused on figuring out when things will return to “normal.”
16 May 2022 Blogs

Watch The Fine Print: Ninth Circuit Majority Opinion Requires Heightened Standards for Reasonably Conspicuous Notice of Browsewrap Terms to Compel Arbitration

A recent decision from the Ninth Circuit illustrates that to be enforceable, website agreement terms must be “reasonably conspicuous” and users must “manifest unambiguous assent” to those terms.
03 February 2022 Blogs

A New Era of McGill Arbitration in California—Hodges v. Comcast

Recent decisions out of the Northern District of California and Ninth Circuit may reflect a new era of McGill jurisprudence.
01 July 2021 Blogs

Supreme Court Clarifies, but Declines to Significantly Alter, Class Certification Battleground in Securities-Fraud Class Actions

Defendants have historically faced an uphill battle to defeat class certification in securities-fraud class actions, and a Supreme Court decision provided clarification regarding the scope of evidence a court must consider in ruling on such motions.
01 March 2021 Blogs

Lopez v. Apple: When an Alleged Injury is Too Speculative to Confer Article III Standing

A recent decision from the Northern District of California — Lopez, et al. v. Apple — highlights the continued impact of the U.S. Supreme Court’s decision in Spokeo, Inc. v. Robins in shaping Article III standing jurisprudence for consumer cases.