Federal and State Trial and Appellate Litigator
Kathleen B. Havener, Attorney
(202) 298-4775
kathleen@cullenlaw.com
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Experience
For more than three decades, Kathleen has focused her law practice on complex commercial litigation in state and federal trial and appellate courts, alternative dispute resolution (including international arbitration), and administrative proceedings across the country. As a counselor, Kathleen considers herself to be her clients’ partner, working closely with them in reaching decisions that are legally sound and best for their business needs.
Areas of Concentration
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Kathleen prosecuted state and federal trials and appeals resulting in verdicts for her clients of collectively more than $80 million and achieved similarly favorable outcomes in settlements of litigation matters. The subject matters of Kathleen’s cases include employee raiding, fraud, misrepresentation, professional misconduct, commercial real estate, insurance coverage, estates, intellectual property, partnership disputes, breach of contract, and many other areas.
Kathleen is well-versed in the Rules of Civil and Appellate Procedure. In particular, she enjoys the discovery process, including electronic discovery of documents, as well as deposition and motion practice.
Kathleen successfully defended former company officers accused of theft of trade secrets, and exonerated a commercial bank accused of securities fraud in connection with a commercial loan made in tandem with a note offering.
Kathleen has participated in significant appellate briefing involving the Hague Convention on the International Abduction of Children.
Kathleen participates with her colleagues at CullenLaw in raising constitutional challenges to federal regulations as well as state and local statutes.
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Kathleen coordinated a trial team that included three large law firms that successfully challenged a $4 billion tax assessment against her client by the State of Alaska for oil and gas severence, reducing the assessment to $257 million.
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Kathleen represented a major sporting goods manufacturer in design disputes as well as advising the client with respect to whether individual designs are acceptable for use by sponsored athletes.
Kathleen was Venue Legal Counsel to the World Cup USA 1994, Inc. in the Washington DC venue; a role that involved the coordination of security in the DC Metro area, arrange for practice venues for participating teams, instructing FIFA representatives on First Amendment issues applicable to signage within the venue, and preparing thousands of volunteers on potential legal issues that could arise.
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Kathleen served as judicial law clerk to the Honorable John M. Ferren on the District of Columbia Court of Appeals. She was with Latham & Watkins and Miller & Chevalier in Washington, DC before relocating to Ohio in 1997, where she was a partner at Hahn Loeser & Parks before founding a small firm. In 2018, she returned to DC and joined CullenLaw.
Awards & Publications
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Life Fellow, American Bar Foundation.
Founder, Woman to Woman Lawyer Referral Network, a free on-line database of women attorneys in 49 states and 11 countries.
2013 recipient of the Nettie Cronise Lutes Award conferred by the Ohio State Bar Association. The award recognizes women lawyers who have improved the legal profession through their high level of professionalism and who have opened doors for other women and girls.
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“Obstacles to Zero-Emission Vehicle Goals: Are We There Yet?” ABA Solo|Small Firm Division GP|Solo Magazine (November/December 2023)
“Lawyers’ Health and Well-Being” (reprinted) ABA Section of Litigation Ethics and Professionalism Committee Fall Newsletter (2023)
“Roll a Mile on His Wheels: How to Include Persons with Disabilities” (reprinted) International Association of Women Judges (December 5, 2023)
“Roll a Mile on His Wheels: How to Include Persons with Disabilities,” ABA Solo|Small Firm Division GP|Solo Magazine (July/August 2023)
“Lawyers’ Health and Well-Being,” ABA Solo|Small Firm Division GP|Solo Magazine (March/April 2023)
“100 Years of Women’s Suffrage: Mission Accomplished?” ABA Solo|Small Firm Division GP|Solo Magazine (July/August 2020)
“Rape Culture on Campus and the Demise of Title IX” ABA Solo|Small Firm Division GP|Solo Magazine (March/April 2020)
“Four Steps to Inclusion of Persons With Disabilities,” ABA Solo|Small Firm Division GP|Solo Magazine (July/August 2019)
“Sound Advice” Podcast with Author Lauren Stiller Rikleen, ABA Section of Litigation, Ethics & Professionalism Committee (June 2019)
“Integrating Self-Care Practices Into Daily Life: Walking in Nature,” ABA Solo|Small Firm Division GP|Solo Magazine (May/June 2019)
Book Review: The Shield of Silence: How Power Perpetuates a Culture of Harassment and Bullying in the Workplace, ABA Solo|Small Firm Division GP|Solo E-Report (May 2019)
“Persuasion Through Body Language in (and out of the Courtroom,” ABA Solo|Small Firm Division GP|Solo Magazine (September/October 2018)
“Bumps in the Road: How to Share Setbacks with Your Client and Why You Must,” ABA Section of Litigation, Ethics & Professionalism Committee Web Article (October 18, 2018)
“Cyber Insurance and Information Security,” ABA Solo|Small Firm Division GP|Solo Magazine (May-June 2017)
“How to Deliver Bad News to Your Client,” ABA Solo|Small Firm Division GP|Solo Magazine (January/February 2016)
“A Litigator’s Reluctant Endorsement of Mediation,” ABA Solo|Small Firm Division GP|Solo Magazine (January/February 2015)
“Discovery Lessons Your Mother Should Have Taught You,” Solo|Small Firm Division GP|Solo Magazine (March/April 2014)
“Unlearning Exclusion: How I Became a Part of the Solution,” ABA Solo|Small Firm Division GP|Solo Magazine (March/April 2014)
“Destination Disasters: Who’s at Fault?” ABA Solo|Small Firm Division GP|Solo Magazine (June/July 2013)
“Landing the Big Fish: Small Firms Representing Big Companies,” ABA GP|Solo (May/June 2012)
“Making Magic With Courtroom Technology,” ABA GP|Solo (March/April 2012)
Contributing Author, Smart Soloing, ABA Books (2011)
Contributing Author, Road to Independence, ABA Books (2011)
“Geronimo! Or How I Became a Sole Practitioner,” Litigation Journal (Winter 2010)
“A Lifetime of Learning: Why I am a Generalist,” Woman Advocate News (Fall 2007)
“Better Lawyers,” Perspectives—Journal of the National Association of Women Lawyers (December 2005)
“Method Acting for Lawyers,” American Bar Association Litigation Journal (Summer 2005)
“Litigation (Rev. 2.0),” The American Lawyer (February 2005) (co-author)
“Lawyering on the Front Lines: On-Site Legal Counsel for Major Sporting Events,” 6 Marquette Sports Law Journal 29 (1995) (co-author)
Credentials
Admissions
Virginia, 1991
District of Columbia, 1992
Maryland, 1992
Ohio, 1998
U.S. Supreme Court
U.S. Court of Appeals for the District of Columbia Circuit
U.S. Court of Appeals, Third Circuit
U.S. Court of Appeals, Fourth Circuit
U.S. Court of Appeals, Sixth Circuit
U.S District Court for the District of Columbia
U.S. District Court for the District of Maryland
U.S. District Court for the Northern District of Ohio
U.S. District Court for the Southern District of Ohio
Education
Harvard Law School, cum laude, 1991, Harvard International Law Journal, Harvard Defenders
Spring Hill College, summa cum laude, 1976, President’s Scholar in History