Katherine M. Swift
Bartlit Beck LLP, 2009-Present, Partner (since 2013)
Kirkland & Ellis LLP, Chicago, Illinois, Associate, 2007-2008
National counsel for Walgreens in nationwide litigation relating to the distribution and sale of prescription opioid medications, including over one thousand cases brought by states, cities, counties, tribes, and private parties seeking recovery in connection with the opioid abuse crisis. MDL in the Northern District of Ohio and a large number of related state-court cases.
YAZ®/Yasmin® Personal Injury Litigation
National counsel for Bayer in nationwide product liability litigation alleging personal injuries caused by the oral contraceptives YAZ and Yasmin, including venous blood clots, gallbladder injuries, heart attacks, and strokes. MDL in the Southern District of Illinois and large, coordinated state-court proceedings in California, New Jersey, and Pennsylvania. No adverse judgments among approximately 20,000 lawsuits and claims resolved by voluntary dismissals, judgments in favor of Bayer, and settlements.
Cases tried or otherwise taken to judgment
Massachusetts Mutual Life Ins. Co. Residential Mortgage-Backed Securities Litigation (D. Mass.)
Represented MassMutual in its actions under the Massachusetts Uniform Securities Act, against underwriters Credit Suisse and Goldman Sachs, arising from their sales of residential mortgage-backed securities to MassMutual in 2005-2007. Credit Suisse settled after four weeks of trial, taking an additional $79.5 million charge to earnings because of the settlement payment. Goldman Sachs settled shortly thereafter.
Second-chair trial counsel in a large confidential arbitration involving a power plant project. Cross-examined two of respondents’ key witnesses, and put on direct testimony of two of claimant’s key fact witnesses as well as claimant’s damages expert.
Sikorsky Aircraft Corporation v. United States (Court of Federal Claims and Federal Circuit Court of Appeals)
Trial counsel for Sikorsky against Department of Justice in bench trial of government contract suit. Government sought $80 million plus interest on its claim that Sikorsky had overcharged for aircraft and parts by allocating material overhead costs in violation of cost accounting standards during 1999-2005.
Judgment for Sikorsky; court rejected government’s claim in its entirety. Judgment for Sikorsky affirmed on appeal.
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Sikorsky Aircraft Corporation v. United States (Court of Federal Claims)
Represented Sikorsky against Department of Justice in government contract suit seeking $34 million in an "alternative claim" to government’s previous claim against Sikorsky regarding Sikorsky’s overhead accounting practices. Trial court granted Sikorsky’s motion for judgment on the pleadings, entered judgment for Sikorsky, and rejected the government’s claim in its entirety. Federal Circuit dismissed government’s appeal.
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Bayer HealthCare LLC v. Pfizer Inc. (N.D. Ill.)
Trial counsel for Bayer in a patent infringement suit relating to Pfizer’s animal health product, ADVOCIN, a fluoroquinolone treatment for bovine respiratory disease. Case settled following multiple summary judgement wins for Bayer.
United States ex rel. Simpson v. Bayer (D. Minn.)
Represented Bayer in False Claims Act litigation alleging deceptive marketing of Baycol®. Obtained dismissal of plaintiff's First Amended Complaint without prejudice for failure to plead fraud with particularity. Court dismissed Second Amended Complaint with prejudice.
Michael Dikcis v. Nicor Gas Company (Cook County, IL and Illinois Court of Appeals)
Represented Nicor Gas Company in class action case involving Nicor’s natural gas billing practices. Argued motion to dismiss for lack of jurisdiction in Cook County Chancery Court. Won dismissal of complaint with prejudice. Argued appeal before the First District. Judgment affirmed.
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Acknowledgements, presentations, and publications
Comment, Drawing a Line between Terry and Miranda: The Degree and Duration of Restraint, 73 U. Chi. L. Rev. 1075 (2006)