Justin O. Kay focuses on defending complex civil matters in federal court, state court, and before federal agencies. He is a regular contributor to the TCPA blog, a defense-oriented resource analyzing TCPA-related litigation and regulatory developments.
Justin is a vice chair of the firm’s Class Actions Team, a member of the TCPA Team, and chair of the firm-wide National Hiring Committee, which oversees the recruiting and hiring of associates.
Prior to his legal career, Justin served as an Intelligence Officer for the Department of Defense’s National Geospatial Intelligence Agency.
Justin’s consumer class action defense practice focuses on counseling and defending corporations in cases involving federal and state consumer protection laws. His experience includes defending claims involving the TCPA, the Fair and Accurate Credit Transaction Act (FACTA) and various other state and federal consumer protection statutes.
- Currently assisting with and/or leading defense of TCPA/consumer class action cases filed against numerous clients, including one of the world’s largest broadcasting/media companies.
- Assisted with the defense of one of the nation’s largest pharmacy chains in a TCPA class action challenging a patient outreach program.
- Assisted in representation of national retailer in defending purported national class action challenging a popular dietary supplement—case settled for a nominal amount without a class being certified.
- Assisted in representation of manufacturer of consumer products in defending purported national class action challenging warranty practices and disclosures—case settled for a nominal amount without a class being certified.
Justin defends corporations and individuals in cases involving the federal securities laws and state corporate governance statutes. His experience includes defending claims involving Rule 10b-5 and Control Person Liability, and tender offer and shareholder derivative litigation. Justin also represents corporations and individuals involved in investigations before the Securities and Exchange Commission.
- Assisted in representation of tender offer target in defending a shareholder class action in Delaware Chancery Court; helped win important decision setting tough standards for fee awards to class counsel. See In re Sauer-Danfoss, Inc. Shareholders Litig., 2011 Del. Ch. LEXIS 64 (Apr. 29, 2011); “Delaware’s Laster Slashes Plaintiffs’ Fee Request by 95 Percent in Sauer-Danfoss Case,” American Lawyer Litigation Daily (May 5, 2011).
- Assisted in representation of issuer with offshore operating subsidiaries in successfully defending an SEC investigation of the subsidiaries’ off-shore tax status; SEC rejected “whistleblower” allegations and closed investigation without taking enforcement action.
Justin also has a broad array of experience advising and representing clients in general litigation and appellate matters.
- Assisted major national wireless carrier in its process to reband the 800 MHz spectrum band through negotiations, mediations, arbitrations, and administrative actions before the Federal Communications Commission involving hundreds of incumbent private and public safety licensees.
Justin has assisted clients in complying with requests and subpoenas from U.S. Department of Justice and the Federal Trade Commission related to merger investigations.
- University of Notre Dame Law School, J.D., 2005, cum laude
- Georgetown University, B.S.F.S., 2000
Bar Admissions : District of Columbia, Illinois
Court Admissions :
- U.S. Court of Appeals, District of Columbia Circuit
- U.S. Court of Appeals, Seventh Circuit
- U.S. District Court, District of Columbia
- U.S. District Court, Northern District of Illinois
- U.S. District Court, Eastern District of Michigan
Rate : $$$