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)
13 March 2024 Consumer Class Defense Counsel

Should I Stay or Should I Go: Supreme Court to Consider Whether Federal Courts Can Dismiss or Must Stay Cases Pending Arbitration

On January 12, 2024, the U.S. Supreme Court granted certiorari in Smith, et al. v. Spizzirri, et al., No. 22-1218 to consider whether a district court must stay a case — rather than dismiss it — when presented with an enforceable arbitration agreement.
16 January 2024 Press Releases

Foley’s Los Angeles Office Hosts Street Law Program in Partnership with Boys & Girls Clubs

Foley & Lardner LLP’s Los Angeles office recently partnered with the Boys & Girls Clubs of Metro Los Angeles in South Central and the Los Angeles Boys & Girls Club in Lincoln Heights for a second Street Law program.
18 December 2023 Consumer Class Defense Counsel

Enforcing Arbitration Delegation in the Ninth Circuit

On December 5, 2023, the Ninth Circuit in Bielski, et al. v. Coinbase, Inc., concluded that federal courts can look to the parties’ agreement as a whole when determining whether the delegation provision of an arbitration agreement is enforceable and held that the at-issue delegation provision was not unconscionable.
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.