Kathleen L. Carlson

KATHLEEN CARLSON primarily practices in the areas of class action defense and commercial litigation and disputes with a focus on False Claims Act (FCA) cases. Kathleen is also a leader of Sidley’s Escheat Counseling and Unclaimed Property Litigation group. Kathleen has handled a diverse range of civil litigation matters, representing business entities and individuals, at the trial and appellate levels in both federal and state courts around the country.

Kathleen’s class action practice focuses on both consumer class actions and ERISA class actions. In the consumer class action space, Kathleen has defended large financial institutions, telecommunications companies, universities, diagnostic companies and pharmaceutical companies in a wide array of class actions, including actions brought pursuant to the Illinois Biometric Information Privacy Act (BIPA), the Telephone Consumer Protection Act (TCPA), as well as numerous M&A litigation matters, federal securities class actions and derivative actions. In the ERISA space, Kathleen has litigated a wide array of class action claims, including challenges to cash balance plan features, retiree medical coverage, recordkeeping claims, claims arising from fees charged by healthcare providers, breach of fiduciary duty and prohibited transaction claims and other challenges to changes made or fees charged by health and welfare plans. Kathleen also has counseled clients in connection with investigations and inquiries brought by the U.S. Department of Labor stemming from alleged or possible ERISA violations.

Kathleen also has extensive experience at both the trial and appellate court level defending against FCA matters brought pursuant to both the federal FCA and state FCAs throughout the country. In the recent past, she has successfully defended large financial institutions, retailers, major telecommunications companies, and insurance companies against alleged FCA violations. In connection with such defense, she has extensive experience working with regulators investigating FCA violations.

Kathleen’s escheatment practice includes representing a wide array of companies, including financial institutions, insurance companies, telecommunication companies, banks and manufacturing companies, in unclaimed property (escheatment) audits and litigation. In that regard, she has extensive experience working with third-party auditors and state regulators in this space.

In addition, Kathleen has significant experience representing clients in particularly high-profile and high-stakes litigation, including:

• Elaine Wynn in litigation against Steve Wynn and Wynn Resorts.
• Defended a large national university at both the trial and appellate court level against religious discrimination claims; obtaining summary judgment in the university’s favor and successfully defending that judgment on appeal to the Seventh Circuit.
• Defended a Fortune 50 company in an employment-related dispute brought by the company’s former CFO.

Kathleen currently serves as an associate development coordinator for the Chicago Litigation Group. She previously served as a judicial law clerk for The Honorable Wayne R. Andersen in the U.S. District Court for the Northern District of Illinois. She earned her law degree from the University of Illinois College of Law, where she graduated magna cum laude, served as the administrative editor of the Elder Law Journal, President of the Women’s Law Society, program coordinator for the Student Bar Association and a peer advisor. She graduated cum laude from the University of Pennsylvania, where she was captain of the women’s varsity swim team.

• Sidley Summer Associate Programs Committee, Firmwide Co-chair
• Sidley Recruiting of Associates Committee, Chicago Co-chair
• University of Illinois College of Law Dean’s Advisory Board, Member
• Friends of Audubon School, Board Member
• University of Pennsylvania Swimming Alumni, Board Member