Katie A. Reilly

Biography

Cases

Class Actions

• Representing the Southeastern Conference in putative and certified antitrust class actions in Colorado, California, and New York against the NCAA and its member conferences asserting claims relating to student-athlete compensation.
• Serving as lead trial counsel for a natural gas company in a certified antitrust class action alleging wholesale price manipulation and seeking more than $2 billion in damages.
• Won Montana Supreme Court victory for a health system in a putative consumer class action that challenged its policy of issuing refunds in the form of pre-paid debit cards. The victory affirmed WTO's prior summary judgment win and defeated the plaintiff's new claims on appeal.
• Won voluntary dismissal of putative class action claims for one of the nation's largest health and wellness franchisors. The plaintiff claimed our client and the franchisee refused to refund her massage spa membership.
• Successfully represented a major North American resort owner and operator in multiple consumer class actions seeking refunds following the company's closure of its ski resorts during the COVID-19 pandemic.
• Successfully represented multiple defendants in a $2 billion federal antitrust and labor class action challenging the au pair exchange program administered by the Department of State. After four years of litigation, and just two months before trial, WTO helped to negotiate settlement for the defense group, resulting in defendants paying only 3% of the demand.
• Successfully defended a telecommunications company in a state and federal putative class action in Washington arising out of an alleged data breach.
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Antitrust & Competition

• Obtained favorable settlement for a publicly traded apartment REIT facing antitrust claims as part of multidistrict litigation that spans 40 states based on the alleged use of algorithms in setting residential rental rates.
• Represented divestiture buyer in a three-week trial defending against Colorado antitrust regulators' effort to block supermarket merger.
• Successfully negotiated a class settlement—for 2.5% of the claimed damages—for a major utility provider and its subsidiary in a 15-year-old putative antitrust class action in Colorado federal court.
• Successfully represented one of the nation's largest grocery and foodservice distributors as a direct action plaintiff in antitrust litigation concerning broiler chickens.
• On the eve of trial, obtained settlement for a leading nationwide insurer facing a novel antitrust challenge to its method of handling property damage claims.
• Lead counsel for major real estate investment company in In Re: Apartment Rental Software Antitrust Litigation (M.D. Tenn. 2023). Plaintiffs seek billions of dollars in damages.
• Obtained favorable settlement for a nation-leading cable operator in a high-stakes and high-profile antitrust dispute brought by a regional content provider.
• Won a preliminary injunction for a national fitness franchisor against three competing fitness and nutrition studios that had stolen our client's trade secrets, infringed on its trademarks, committed fraud, and breached non-compete obligations.
• Successfully defended a leading technology distributor against claims of civil conspiracy and trade secret misappropriation brought by former competitors, who sought tens of millions of dollars in damages. Following full discovery and a Daubert hearing, plaintiffs dismissed all claims on the eve of trial without any settlement or payment from WTO's client.
• Won WTO's motion to dismiss a federal antitrust action for a New Mexico healthcare trade association accused of conspiring to exclude healthcare providers from market.
• Won motions to dismiss all antitrust claims against our client, a leading technology distributor, in multiple related antitrust conspiracy lawsuits brought by former distributors.
• Won reversal of a TRO that had been issued ex parte at the close of business on a Friday, effectively shutting down operations for a major manufacturing and distribution client, and subsequently won rejection of the injunction against WTO's client.
• Successfully represented a healthcare trade association in an $80 million federal antitrust lawsuit alleging conspiracy among the trade association, health systems, and health insurance companies.
• Won summary judgment from trial court and successfully defended that order before the Tenth Circuit in a federal antitrust lawsuit alleging conspiracy to monopolize fixed-base operations at an airport.
• Successfully defended a government contractor in a federal antitrust class action and obtained early dismissal of tying and monopolization claims asserted by franchisee plaintiffs.
• Successfully defended a health system against antitrust claims and state law claims in multiple lawsuits brought by physicians relating to failed joint ventures.
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Commercial Litigation

• Representing a leading ride-sharing technology company in federal lawsuit seeking to enjoin Colorado legislation that violates our client's First Amendment free speech rights.
• Won a hearing for the majority owners of an ethanol production company to defeat a preliminary injunction attempt and completely unwind an ex parte ruling that the company's minority owners obtained to install a receiver to displace WTO's clients from running the company.
• Defended the Colorado arm of the second-largest home building company in the U.S., together with executives and employees, against alleged violations of the Colorado Securities Act, among other claims—obtained dismissal of all claims against nine out of 10 defendants, paving the way for a favorable settlement.
• Obtained dismissal of a putative Securities Act class action for a global telecommunications company and, after a partial reversal and remand, again obtained dismissal of amended claims.
• Served as lead counsel in series of lawsuits concerning contract disputes between nation-leading telecom companies with over $1 billion at issue. Achieved highly favorable settlement.
• Helped secure a $142 million settlement as liaison counsel to the lead plaintiff in a securities class action against a pharmaceutical company.
• Won a complete victory following a four-day arbitration for the nation's largest beauty and wellness franchisor, which was accused of franchise disclosure violations, violations of unfair competition laws, and breach of contract. WTO also successfully countersued for breach of contract and trade secret misappropriation, obtained preliminary and permanent injunctions, recovered liquidated damages, and secured an award of attorneys' fees and costs.
• Won a $14.3 million arbitration award, plus attorneys' fees and costs, for a multistate cannabis operator in a Florida franchise dispute involving lost royalties and right-of-first-refusal issues.
• Successfully represented a global industrial gas company in defense of a competitor's application for preliminary and mandatory injunctive relief, ultimately facilitating resolution of a dispute valued in the hundreds of millions of dollars on highly favorable terms.
• Won summary judgment in a high-stakes commercial dispute between technology companies. WTO represented 10 of 12 defendants and served as lead counsel for the joint defense. At issue were questions of legality and fraud related to asset management and an outstanding loan owed by a business entity that had dissolved. WTO demonstrated that its clients had been fair and above-board, and that no fraud existed.
• Successfully represented Aimco, one of the largest apartment owners in the U.S., in nationwide litigation alleging intentional torts against Airbnb. After jury selection in the first trial, Airbnb settled all litigation on terms allowing Aimco to control short-term rental activity consistent with its contract and property rights.
• Won summary judgment in arbitration for a nation-leading telecom provider in an indemnification dispute with a former subcontractor whose employee filed a class action lawsuit in the Southern District of New York. Though the plaintiff was one classmember among thousands, WTO demonstrated that the subcontractor was liable to indemnify WTO's client for all of its attorneys' fees related to the class action and a pro rata share of the resulting settlement.
• Won a Tenth Circuit appeal for a leading U.S. railroad operator defending a district court order that dismissed a third-party intervenor's claims against WTO's client based on lack of standing to enforce an EPA consent decree.
• Successfully represented an aerospace supplier in a product liability action involving responsibility for a $10 million cleanup effort at a rocket manufacturing facility.
• Successfully defended a Fortune 50 telecommunications conglomerate against allegations brought by a competitor that WTO's client breached FCC phone number portability regulations.
• Successfully represented a leading regional healthcare network as lead trial counsel in a high-stakes trademark dispute against a national healthcare insurance provider.
• Obtained dismissal for an insurance company client facing a civil RICO lawsuit in federal court, with risk of treble damages, for issuing a surety bond to a marijuana business as required by state regulations. The judge granted our client's motion to dismiss because the plaintiffs failed to plausibly allege injury sufficient to establish RICO standing.
• Won summary judgment for a major ski resort as plaintiff in a contract dispute involving a wireless infrastructure contractor.
• Represented one of the nation's largest healthcare franchisors in a federal court action challenging the legality of the underlying business model.
• Successfully represented a Colorado-based healthcare system in breach of contract action involving provision of home healthcare services.
• Won a complete verdict in a bench trial in federal bankruptcy court involving claims of fraud alleged in a business divorce.
• Represented a health system and obtained favorable settlement in a breach of contract action based on the termination of a management services contract for a Colorado hospital's oncology department.
• Defended a manufacturing company against a multimillion-dollar breach of warranty claim involving allegedly defective parts and negotiated a favorable settlement of less than 10 percent of the damages claimed.
• Obtained a favorable plaintiffs' verdict and monetary damages in a one-week jury trial based on an extreme and outrageous conduct claim.
• Represented the founders of a major ski resort in a two-week jury trial against a leading mountain resort company in a breach of contract action.
• Successfully represented a Fortune 100 telecommunications company in an appeal in the U.S. Court of Appeals for the D.C. Circuit involving the application of Federal Communications Commission (FCC) regulations.
• Won dismissal from trial court for publisher Simon & Schuster in a case involving a movie studio's $50 million damages claim relating to the movie Sahara and alleging false representation of popular novelist Clive Cussler's readership figures.
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Municipal

• Obtained complete dismissal with prejudice for two real estate investment clients facing claims brought by a municipal district seeking hundreds of millions of dollars in damages. The plaintiff alleged violations of the Colorado Organized Crimes Control Act, breaches of fiduciary duties, aiding and abetting such breaches, civil conspiracy, and more.
• Represented the City of Aurora in a Rule 106 action against the City of Greenwood Village involving an intergovernmental agreement between the cities under which Greenwood Village transferred development authority of a real estate parcel to Aurora.
• Represented Denver International Airport in high-profile claims involving alleged bid rigging and unfair competition relating to a $50 million terminal concessions contract.
• Represented Denver International Airport against the Regional Transportation District in a dispute over cost-sharing agreements involving a new rail line serving the airport.
• Represent citizens in a lawsuit against a municipality alleging a violation of the Colorado Taxpayer Bill of Rights (TABOR).

Real Estate

• Won reversal of summary judgment against our client, a real estate developer, in a dispute over a reciprocal easement, the outcome of which had a multimillion-dollar effect on the value of the property. The case was remanded to district court with orders to hear evidence at trial.
• Obtained injunctive relief for a shopping center owner and developer requiring an adjacent property owner to renovate the shopping center common area according to the terms of a reciprocal easement agreement.
• Represented a real estate developer and obtained a $4.8 million judgment against the title insurance company after a seven-day bench trial in a bad faith breach of title insurance action.
• Represented a property owner in the appeal of a quiet title action before the Colorado Court of Appeals.
• Represented a major railroad company in connection with numerous right of way disputes, including quiet title and condemnation actions.

Other Representative Experience

• Won a $39 million plaintiff's jury verdict as co-trial counsel for Allergan and Duke University after a five-day patent infringement trial in federal court in Colorado.

Publications & Speaking Engagements

Presentations

• Presenter, "Spot the Risk, Reap the Reward: Top 10 Antitrust Risks to Avoid in 2023," Trial Network Lakeside Litigation SuperCourse, (April 28, 2023).
• "CWBA: Grit Project," (March 5, 2015).

Articles

• "DOJ, FTC Announce Expedited Antitrust Review and Guidance Procedure for Collaborative Efforts Aimed at Responding to COVID-19 Pandemic,"(March 2020).

Press

• WTO Announces Management Committee Changes
• 5280 Magazine Names 6 WTO Lawyers to 2025 Top Lawyers List
• Law Week Colorado Features WTO's Commercial Litigation Success
• Law.com Features WTO on 2023 "Top 100 Verdicts" List
• "World-Class Litigators" – Chambers USA 2024 Ranks WTO
• WTO Leadership Updates Move Firm Forward
• 5280 Names 8 WTO Lawyers to 2024 Top Lawyers List
• WTO Attorneys' Analysis of Antitrust Scrutiny Published in Journal of Emerging Issues in Litigation
• WTO's Katie Reilly and Natalie West Published in Bloomberg, "Antitrust Enforcement Is Top of Mind for State Attorneys General"
• BTI Consulting Names Two WTO Leaders Client Service All-Stars
• Chambers USA: WTO "Acts Totally with the Client's Interest at Heart."
• Four WTO Lawyers Named BTI Client Service All-Stars 2020
• Benchmark Litigation 2021 Includes 23 WTO Lawyers
• Chambers USA 2020: WTO Leads Nationwide, Colorado
• Coronavirus Prevention & Client Resources at WTO
• Six WTO Partners Named 5280 Top Lawyers For 2020
• Law Week Colorado Names Four WTO Partners to 2019 Barrister's Best List
• BTI Names Two WTO Leaders Client Service All-Stars
• Law360, "Miami Apt. Owners Can Seek Punitive Damages In Airbnb Suit," October 25, 2018.
• Law360, "DirecTV, CenturyLink Settle Suit Over Consumer Data Breach," October 23, 2018.
• 27 WTO Lawyers Recognized in The Best Lawyers in America 2019
• WTO Leads Top 100 in Colorado Super Lawyers
• WTO Leads Barrister's Best People's Choice Awards
• 26 WTO Lawyers ranked in the 24th Edition of The Best Lawyers in America
• Benchmark Litigation Names WTO Lawyers to Top 250 Women in Litigation and Under 40 Hotlist
• Chambers USA 2017 recognizes Wheeler Trigg O'Donnell among the top litigation firms nationwide and in Colorado
• 42 WTO Lawyers Named to the 2017 Colorado Super Lawyers List
• Denver Business Journal, "Helping Law Firms Measure the 'Character Quotient,'" August 11, 2016.
• Chambers USA 2016 Ranks WTO Among Top Firms Nationwide and in Colorado
• Law Week Colorado, "Katie Reilly: Antitrust Lawyer and Women's ‘Grit and Growth' Advocate," May 12, 2016.
• Partner Katie Reilly Named A Top Woman Lawyer
• Denver Business Journal, "Colorado Women's Bar Touts Grit & Growth as Path to Equity," April 1, 2015.
• Law Week Colorado, "Shifts in Mindset, Metrics Foster Advancement Among Women Lawyers," March 25, 2015.
• Law Week Colorado, "Three step up to partner at WTO," January 7, 2015.
• Wheeler Trigg O'Donnell Elects Three New Partners
• Law Week Colorado, "Reilly Joins Wheeler Trigg O'Donnell," August, 10, 2014.
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Other Experience

Legal Memberships, Activities, and Honors

Community Memberships, Activities, and Honors