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Kimberly O'Dawn Thompson

Dallas Office
Associate
Dallas Office

300 Crescent Court
Suite 1500
Dallas, TX 75201
TEL: 214.978.4215 FAX: 214.978.4044
kthompson@mckoolsmith.com

Kimberly Thompson is an AV-rated attorney with 20 years of experience representing domestic and foreign clients in a wide variety of complex commercial litigation matters in federal and state courts nationwide.

Ms. Thompson’s extensive litigation experience includes cases involving complex contract disputes, business torts, securities litigation, financial institution litigation, accounting malpractice, intellectual property claims, trade secrets, covenants not to compete and other issues of unfair competition. Building on her years of experience in financial institution and securities litigation, she also provides clients with expertise in cases involving asset-backed securities, including mortgage-backed and auction rate securities.

Corporate legal departments often call on Ms. Thompson for her expertise in attorney-client privilege matters under federal, state and international law. For more than 10 years, she has presented public and private instructional programs and provided case-specific advice designed to help companies identify privilege issues with the goal of protecting critical corporate communications while controlling discovery-related legal expenses. These appearances before hundreds of senior corporate executives and attorneys from corporate legal departments, government agencies and law firms have helped establish Ms. Thompson’s reputation as one of the top privilege experts in the state.

Ms. Thompson’s work in the community includes providing pro bono legal services in family law matters, earning her awards and honors from the Dallas Bar Association.

Representative Matters

  • Representing Trustee, Master Servicer and Special Servicer of significant commercial mortgage securitization trust on liability issues in federal bench trial. Claims included breaches of complex REMIC-related contracts and business torts. Responsibilities included apex and expert depositions and trial examination of liability experts. All liability issues found in favor of clients.  
  • Representing officers and inside directors of Fortune 500 corporation in federal and state court derivative stock option backdating suits, effectively coordinating strategy with multiple defense counsel. Plaintiffs’ suits dismissed and successfully settled.  
  • Representing European insurance carrier in “bet-the-company” litigation in California state court involving claims of wrongful denial of insurance benefits and attendant issues of international regulatory compliance. Work included primary responsibility for development of carrier’s liability and regulatory defenses, analysis of and revisions to carrier’s international insurance contracts, and coordination of multi-office, multi-section litigation and regulatory teams.  
  • Representing Japanese distributor in federal court lawsuit for breach of exclusive distributorship agreement and business torts. Work included primary responsibility for interaction with client, including presentation to board of directors in Tokyo and daily communications with Japanese management and co-counsel, and successful development of defenses under Texas and Japanese law.
  • Conducting expedited and confidential internal investigation on behalf of national premises security service provider following allegations of corporate raiding and misappropriation of trade secrets.  
  • Representing national automatic door system developer and product manufacturer in high-stakes patent infringement lawsuit. Work included primary responsibility for coordination of patent litigation team and preparation of all pretrial order related materials before matter was settled successfully.  
  • Representing national accounting firms in multiple suits in federal and state courts for accounting malpractice and securities fraud.  
  • Representing national banks in multiple suits in federal and state courts involving recovery of failed bank assets (e.g., D’Oench, Duhme doctrine, FIRREA, usury and take-out agreements) and operating bank litigation (e.g., defense of corporate depositors’ claims for breach of deposit agreements and negligence). 

Articles

Repeat speaker for Federal Bar Association’s “Annual Civil Practice Seminar” (2003, 2004, 2006, 2007 and 2008):  “Corporate Counsel and the Attorney-Client Privilege,” “The Attorney-Client Privilege:  A Map to the Minefield,” and “What You Should Know About the Attorney-Client Privilege in Patent Litigation”  

Speaker for Dallas Bar Association’s IP Section Monthly Luncheon (2007):  “What You Should Know About the Attorney-Client Privilege in Patent Litigation”  

The DOJ/FTC 2007 Report on the Interplay Between Antitrust Issues and Intellectual Property Rights, The Licensing Journal (September & October 2007)  

Speaker for ACC Austin Chapter’s Third Annual CLE seminar (2008), Dallas Bar Association’s North Dallas Friday Clinic (2008), and Dallas Asian-American Bar Association’s Monthly Luncheon (2009):  “Help Me Help You:  What Your Trial Lawyer Wants You to Know About Privilege”  

Panelist for American Bar Association roundtable on privilege and work-product issues in the context of e-discovery (2008)  

Speaker for University of Houston Law Foundation’s CLE seminars “Litigation and Trial Tactics” (2003) and “Advanced Evidence and Discovery” (2006):  “The Ultimate Discovery Sanction”

“Death Penalty” Sanctions:  When to Get Them and How to Keep Them, 46 Baylor L. Rev. 737 (1994)

Annual Survey of Texas Law -- Banking Litigation, 45 Sw. L.J. 1297 (1992)