- Who We Are
- Our Professionals
- Working with Wexler Wallace
Kara A. Elgersma, Partner / Chicago
- Antitrust Litigation
- Business and Commercial Litigation
- Securities & Corporate Governance
- Whistleblower-False Claims Litigation
Kara came to Wexler Wallace from K&L Gates LLP, where she was a partner. At K&L Gates, Kara was a member of the Antitrust and Trade Regulation Department, focusing on antitrust litigation, franchising and dealership disputes, class actions and other complex commercial litigation, as well as advising clients on a variety of regulatory matters, including antitrust, FCC, and energy regulatory policies.
Kara’s experience includes all aspects of complex commercial litigation. In addition, she is well-versed in arbitration, including pre-hearing case development and management, as well as the conduct of full hearings. Kara has recently become extensively involved in whistleblower-false claims litigation.
APPOINTED & REPRESENTATIVE POSITIONS
- Represented a major equipment manufacturer in distribution/franchise litigation involving several commercial claims. Representation included litigation against two franchisees of acquired company in two states and one federal district court, a federal appeal, and an arbitration demand. Ultimately, all claims against both franchisees were resolved through a settlement in client’s favor.
- Represented a major pharmaceutical benefits manager in an antitrust case involving claims by an online pharmacy that client had conspired with other major pharmaceutical benefits managers in restraint of trade. Secured summary judgment in client’s favor. Plaintiff appealed and the federal appellate court upheld summary judgment award. Plaintiff petitioned the Supreme Court for review. The Petition was denied.
- Represented a major packaged food products company in a multi-million dollar dispute with a supplier. Supplier’s product caused great consumer dissatisfaction, leading to the termination of a major promotional effort. Claims against supplier were settled in client’s favor, after which the supplier reneged on the settlement. Lengthy arbitration ensued involving breach of warranty and breach of settlement claims. Client prevailed in arbitration.
- Defended a consumer home products manufacturer against price-fixing claims, among others, filed in federal court by an online wholesaler of consumer products. Succeeded in obtaining a dismissal of all claims, including the antitrust claims, on a Rule 12 motion prior to any discovery.
- Represented a large equipment and machinery dealership following its $91 million acquisition of a large machinery dealership in Florida. Assets acquired through the merger were subject to a post-closing adjustment to reflect their true market value. A dispute over the post-closing adjustment later arose, and was resolved in arbitration with an award in favor of client.
- Represented a soft drink bottler in a multi-year litigation involving constitutional, contract, statutory and tort claims. Underlying basis of suit related to client’s belief that the soft drink manufacturer was attempting to change its business model in violation of the Constitution and contracts, in order to put the bottler out of business. Case was ultimately resolved in a favorable settlement for the Client, including the continuation of the independent bottler’s business.
- “On loan” to Kraft Foods Global, Inc., Northfield, Illinois, where she directly assisted the Chief Litigation Counsel for the company, and handled a wide variety of litigation matters, including small and large product liability claims, general commercial litigation, civil investigative demands from the Federal Trade Commission, business subpoenas, labor and employment litigation, and bankruptcy matters.
- American Bar Association
- District of Columbia Bar Association
- Illinois State Bar Association
- Wisconsin Bar Association
CHARITABLE & COMMUNITY CONTRIBUTIONS
- Board Member, Girls on the Run – Northern Virginia, 2007-2009
- Volunteer, Chicago Volunteer Legal Services, 2000-2006 Recipient CVLS Distinguished Service Award, 2003
PUBLICATIONS, PRESENTATIONS & TEACHING
- Contributor, 2014 ABA Annual Review of Antitrust Law Developments
- Contributor, 2013 ABA Annual Review of Antitrust Law Developments
- Competition Law360 Advisory Board Member
- Editor, Georgetown Journal of Legal Ethics
- Georgetown Juvenile Justice Clinic
- University of Kansas, Departmental Honors in History
- State of Illinois
- State of Wisconsin
- District of Columbia Court of Appeals
- U.S. District Court, Northern District of Illinois
- U.S. District Court, District of Columbia
- U.S. District Court, District of Colorado
- U.S. Courts of Appeal, Third, Fourth, Sixth, Seventh and Tenth Circuits
- Supreme Court of the United States
- J.D., Georgetown University Law Center, 2000
- B.A., English and History, University of Kansas, Honors College, 1997