Kate Toomey’s practice focuses on the litigation and favorable resolution of complex transnational disputes. She has been described by her opposing counsel as “an ‘aggressive, tenacious, indefatigable advocate’” Sokol Holdings Inc. v. Dorsey & Whitney, C.A. No. 09C-08-239 (JAP) (Del. Super. 2013).
Ms. Toomey concentrates on cases involving sophisticated financial products, banking standards and duties, and a wide variety of financial frauds. She has extensive experience in the litigation of frauds involving forged documents. Ms. Toomey’s expertise extends to the area of international insolvency and she has provided U.S. representation to liquidators of international financial institutions and multinational corporations in cross-border fraud, RICO and money laundering cases and in connection with the collection of U.S. assets, the pursuit and defense of U.S. litigation and the obtaining of U.S. discovery under Chapter 15 of the U.S. Bankruptcy Code. In recognition of her experience and success in the tracing and recovery of lost, misappropriated and stolen assets, Ms. Toomey was highlighted as a global leader in Who’s Who Legal: Asset Recovery 2019.
In addition to her international work, Ms. Toomey is an expert in anti-money laundering/anti-terrorist financing compliance, including federal and state licensing requirements, OFAC regulations, and application of the USA PATRIOT Act. She also advises on compliance with the Foreign Agents Registration Act.
Ms. Toomey speaks regularly on diverse issues including U.S. compliance, developments in U.S. litigation and procedures, dispute resolution in the Middle East, and international discovery pursuant to 28 U.S.C. § 1782 and the Hague Evidence Convention. She also advises remittance companies in the establishment and maintenance of banking relationships.
Pro Bono and Community Service
- Throughout her career, Ms. Toomey has worked on pro bono matters. She has represented detainees held by the United States at Guantanamo Bay, Cuba and at Bagram Air Force Base, Afghanistan.
- Ms. Toomey represents groups opposing the death penalty in various types of litigation, including public records cases concerning the sources and use of pharmaceuticals needed for lethal injection.
- Ms. Toomey is also on the Board of Bread for the City, a D.C. based charity which provides medical care, legal representation, food, clothing, and other services to those in need in the D.C. area.
- International Business Law Consortium
- Law Clerk to the Honorable Judge James K. Logan, United States Court of Appeals for the Tenth Circuit
Obtained dismissal of Anti-Terrorism Act case filed in the U.S. District Court for the Southern District of New York against two Somali-American owned remittance companies.
Represented Saudi family-owned conglomerate in litigation in the U.S. District Court for the Northern District of Illinois regarding the purchase of fire apparatus and equipment from U.S. supplier
- Represented Dubai company responsible for development of major horse racing and resort complex in request for documents from multinational energy and electronics conglomerate, under 28 U.S.C. § 1782, in the U.S. District Court for the District of New Jersey
- Represented Saudi family-owned conglomerate Ahmad Hamad Algosaibi & Brothers in development of global strategy and in multiple cases in the United States including proceedings in New York concerning the liability of the company based on forged instruments and cutting edge litigation in New York, Pennsylvania and the District of Columbia, regarding the enforcement of foreign judgments in the United States
- Represented Egyptian conglomerate in litigation in the U.S. District Court for the Northern District of Georgia and the U.S. Court of Appeals for the Eleventh Circuit regarding enforcement of exclusive bottling rights against major international soft drink company
- Represented Kazakh law firm in request for documents from former clients under 28 U.S.C. § 1782 in the U.S. District Court for Colorado and the U.S. Court of Appeals for the Tenth Circuit
- Represented Liquidators of major Asian electronics company in request for documents from international accounting firm, under 28 U.S.C. § 1782, in the Southern District of New York.
- Represented the Liquidators of Bank of Credit and Commerce International in U.S. criminal proceedings, proceedings under Section 304 of the Bankruptcy Code and in fraud and RICO litigation in the District Court for the Southern District of New York, the Court of Appeals for the Second Circuit, the District Court for the District of Columbia, and the Court of Appeals for the D.C. Circuit
- Represented major international Armenian charity in litigation in the District Court for the Central District of California and the Court of Appeals for the Ninth Circuit brought by the Patriarch of the Armenian Patriarch of Constantinople challenging the closing of a boarding school in Cyprus
- Represented major soft drink bottlers in Egypt and Saudi Arabia in corporate transactions involving the sale of bottling operations and the transfer of exclusive bottling rights
- Provided advice to U.K. financial institutions and Lloyd’s Market Insurers on requirements for compliance with U.S. sanctions regulations
- Provided long term advice and representation, including in respect of U.S. sanctions and anti-money laundering compliance, to major remittance company servicing Somali residents of the U.S.
Publications & Events
In a decision issued on Feb. 5, the U.K. Supreme Court quashed a notice pursuant to Section 2(3) of the 1987 Criminal Justice Act, that sought to require a U.S. corporation, KBR Inc., to produce documents located in the U.S. The decision has important consequences for cross-border discovery and investigations, as the U.S. and the U.K. appear to be taking divergent approaches.Law360, February 17, 2021
In the dying days of his administration, President Trump has moved to smash the civil service. Through Executive Order 13957 (“EO 13957” or the “EO”), the President aims to carve out an entire new class of civil servants, sheering them from long-standing federal protections designed to create a professional, apolitical federal workforce. Lewis Baach Kaufmann Middlemiss is investigating the scope of the Executive Order and possible remedies available to affected civil servants.December 11, 2020
- Second Circuit Shortens the Reach of § 1782, Denying Access to Domestic Discovery for Parties in Private Foreign Arbitrations
The Second Circuit held that 28 U.S.C. § 1782(a) cannot be used to support petitions for discovery for use in private foreign commercial arbitrations, settling an issue that has lingered unresolved in the circuit since 2004. The new decision, In re Guo, puts the Second Circuit squarely at odds with recent decisions issued by other circuit courts, raising the possibility that the Supreme Court will take up the issue next session to resolve the split. While Guo does not impact the ability of parties to foreign public arbitrations and litigations to take § 1782(a) discovery, for now at least, parties to private foreign arbitrations may have to look to more favorable circuits outside New York for relief.July 13, 2020
A. Katherine Toomey moderated the International Business Law Consortium event IBLC 2020: Trends in Bankruptcy and Insolvency and gave a presentation on Chapter 15 of the U.S. Bankruptcy Code.June 25, 2020
The coronavirus pandemic has not only caused untold misery, it has forced the virtual shutdown of the global economy. Everyone hopes that this crisis will pass, but events have shown there is a false choice between mitigation and resumption of economic activity. Mitigation, with testing and social distancing, must be done to avoid wave after wave of disease, which will only lead to rolling cessations of economic activity. Given the economic dislocation occasioned by this global crisis and that it is likely to continue for at least a few more months, we can anticipate that many businesses will fail, and others will require time and help to restore financial health and operations. There is little doubt that innumerable global businesses will need the protection of an organized and coordinated insolvency and reorganization process as soon as this crisis is over. The time for them to begin planning is now.April 24, 2020
- May 2018
- New York Appellate Court Imposes Jurisdictional Requirements in Foreign Judgment Recognition Actions
The First Department Appellate Division in New York recently issued a ruling that will make the recognition of foreign country money judgments more difficult in New York. Kate Toomey and Tara Plochocki summarize its impact.March 19, 2018
- Before high court, Fannie Mae, former employee argue over filing deadlinesBy Tricia Gorman
Ms Toomey is quoted saying, "If [the case] is decided in favor of Hamer, then it may signal a small equitable 'crack' in the longstanding edifice that says time limits to file appeals are jurisdictional."Westlaw Journal Employment, Volume 32, Issue 7, October 25, 2017
- November 2016
- "Toto, I Don't Think We're in Kansas Anymore": Negotiating Cultural Difference in the Context of Business Development
Featured speaker for Women’s Bar Association business development lunch concerning how cultural differences can affect business development strategies and the potential for success.October 5, 2016
- December 10, 2015
- Four Things Businesses Should Know About the Agreement with IranJuly 2015
- Briefing: Recent Decisions Point Toward a Restriction on U.S. Discovery in Aid of Foreign Arbitration ProceedingsJune 22, 2015
- Briefing: A Flood of Dollars: Will the Thaw in US-Cuban Relations Lead to the Return of Billions of Dollars to Entities Worldwide?February 25, 2015
- October 2014
- Briefing: The Rise of a Regulator - New York's Department of Financial Services Takes Matters into Its Own HandsOctober 2014
- October 7, 2014
- June 27, 2014
- "Parties to Non-U.S. Arbitrations may use Broad American Discovery Tools to Obtain Testimony and Documents"July 5, 2012
- "New Enhanced Iran Sanctions Take Effect"June 28, 2012
- "U.S. Cracks Down on Foreign Evaders of Iran-Syria Sanctions"May 24, 2012
- "The Long Arm of the Law"Managing Risk of U.S. LiabilityMarch 2012
- "Secure to the Water's Edge"Global Strategy in Securities LitigationMarch 2012
- "Toto, I Don't Think We're in Kansas Anymore"Dispute Resolution in the Middle EastMarch 2012
- "Are You Your Customer's Keeper? The 'Export' of U.S. Compliance Obligations"
Presented by A. Katherine Toomey & H. Bradford Glassman to British Bankers Association Workshop on the Risk of Sanction Breaches.March 12, 2008
- “US Law for the Non-US Litigator: Six Things You Should Know Even if You Never Set Foot in a US Courtroom”
- Panel discussion on International Insolvency
A. Katherine Toomey, moderated a panel on International Insolvency at the meeting of the International Business Law Consortium. The panel discussion focused on ancillary assistance in the context of international insolvency through Chapter 15 of the United States Bankruptcy Code, European Union law, and comity. Lisbon, Portugal.October 6, 2007
- "Good Judgments Travel Fast: Avoiding Pyrrhic Victories In International Litigation"
Presentation by Eric L. Lewis & A. Katherine Toomey.June 2003
- "The Buck Stops Here: The USA Patriot Act and International Funds Transfer"
Presentation by A. Katherine Toomey at the Center for International Legal Studies' Conference on International Criminal Justice and White Collar Crime, Steamboat Springs, Colorado.February 2003
In the News
For "any kind of foreign litigation or arbitration ... that involves transactions in U.S. dollars, there's at least a possibility that there's going to be information in the U.S. and that tends to be attractive," said Lewis Baach Kaufmann Middlemiss PLLC partner A. Katherine Toomey.Law360, March 25, 2021
“When I made this public records request in 2014, I never imagined that the state would spend the next seven years fighting to prevent these records from being released to the public,” Toomey wrote in an email. “Transparency is a key principle of good governance and the rule of law. The state should not be operating in secret and refusing to disclose vital information to the public.”The Indiana Lawyer, March 17, 2021
The Indiana Supreme Court has ordered the Department of Correction to pay more than $500,000 in legal fees in a fight over one of the state's deepest, darkest secrets.
It all comes back to the convoluted legal fight that started in 2014 with a public records request from A. Katherine Toomey, a Washington, D.C., attorney who represents groups opposing the death penalty.Indianapolis Star, March 2, 2021
Justices divided 2-2 in a case brought by a Washington, D.C., attorney against the Indiana Department of Correction over Indiana’s “secrecy statute” that prohibits disclosure of the state’s lethal injection drugs and who supplies them.
With Justice Geoffrey Slaughter not participating, the remaining justices split in an order issued Thursday. By rule, the lack of a majority affirms the rulings of Marion Circuit Judge Sheryl Lynch, ordering DOC to disclose the records, awarding $538,000 in attorney fees to Washington attorney Katherine Toomey and granting other relief.The Indiana Lawyer, February 26, 2021
Two Lewis Baach Kaufmann Middlemiss professionals have been recognized as Global Leaders in Who’s Who Legal: Asset Recovery 2020. Who’s Who Legal is one of the world’s leading directories of legal practitioners.October 2020
The Indianapolis Star reported on a pending ruling by the Indiana Supreme Court on whether the state must reveal who supplies the drugs Indiana plans to use to administer the death penalty—a case which began with a public records request filed by LBKM's Kate Toomey.Indianapolis Star, July 8, 2020
- The Indiana Lawyer, June 10, 2020
The COVID-19 pandemic and the related economic crisis are causing financial uncertainty and liquidity problems at law firms of all sizes. Law firms are responding by taking aggressive steps to slash expenses by shortening or eliminating summer programs, deferring start dates for new hires, reducing pay, moving employees to part-time schedules, and laying off personnel.
Although it gets less press, law firms are almost certainly also looking to maximize income and bolster their cash positions through shifting personnel to countercyclical practices, aggressive collection strategies, drawing down letters of credit, and capital calls on partners. Firms are looking for loans from the U.S. government as well as conventional banks. But law firms tend to have few hard assets for security, and, given the economic circumstances, banks may look skeptically at their balance sheets. Firms may therefore look to less traditional forms of funding.Law360, June 5, 2020
Four Lewis Baach Kaufmann Middlemiss professionals have been recognized as Global Leaders in Who’s Who Legal: Asset Recovery 2019. Who’s Who Legal is one of the world’s leading directories of legal practitioners.October 2019
- Indiana Judge Orders State to Pay $538,000 in Attorney Fees for Stonewalling Release of Lethal-Injection Records
Citing “egregious” misconduct by state prison officials in trying to evade a court order to produce public records concerning its efforts to obtain lethal-injection drugs, an Indiana judge has directed the state’s Department of Correction to pay more than a half million dollars in plaintiffs’ attorney fees.Death Penalty Information Center, June 17, 2019
Marion Circuit Judge Sheryl Lynch awarded $538,000 in attorney fees to plaintiffs who sued the DOC to obtain records pertaining to the lethal injection protocols that would be used at the Indiana State Prison in Michigan City in the event an execution was carried out. Lynch’s order was issued Wednesday.The Indiana Lawyer, June 13, 2019
- 10. Judge strikes down DOC lethal injection secrecy statuteThe Indiana Lawyer, December 26, 2018
- The Indy Star, November 30, 2018
- The Indiana Lawyer, November 30, 2018
- Sun Sentinel, November 14, 2018
- Naples Daily News, November 12, 2018
- Indy Star, September 25, 2018
Non-US insurers with exposures to Iran-related business face a difficult six months to bring their business into compliance with US president Donald Trump’s newly reinstated snap-back sanctionsInsurance Day, May 17, 2018
- Indy Star, May 16, 2018
Katherine Toomey was interviewed about the President’s latest travel ban proclamation and observed that the new ban might signal future “policy changes and reciprocal restrictions on U.S. travel.” She added “I think that what we're seeing is uncertainty in the future about how many foreigners may be able to come over here for business purposes, whether for hiring or meetings or conferences and the extent to which that will have to be navigated by general counsels."Law360, September 28, 2017
Katherine Toomey was interviewed about renewed Chamber of Commerce efforts to obtain disclosure of third party funding arrangements for litigation. She noted that the process of obtaining funding can be helpful “because oftentimes you are engaging in a real testing of the strength of the case. . . You have people who are very knowledgeable and are interested in making sure they're making a good investment, asking you some very hard questions about the weakest parts of your case. So the cases that make it through are stronger for the process."Law360, June 21, 2017
Lewis Baach Kaufmann Middlemiss represents Al Jazeera's Ahmad Zeidan and independent correspondent Bilal Kareem in an action challenging their inclusion on the United States’ “Kill List.” Kate Toomey explains the case in an audio interview.Aljazeera, March 31, 2017
A host of likely legal challenges will confront Middle East related entities doing business in or with the United States under President Trump, write Waleed Nassar and Kate Toomey.The New Arab, January 16, 2017
- In an op-ed, Kate Toomey discusses how disapproval of the pantsuit is symbolic of the struggles that women have faced for professional acceptance in fields dominated by men.National Law Journal, December 19, 2016
On Monday, Dec. 12, the U.S. Supreme Court issued a unanimous decision clarifying subsection 1 of the bank fraud statute, 18 U.S.C. §1344, in Shaw v. United States. Notwithstanding a veritable ocean of case law, regulations and statutes that delineate the difference between a bank’s property and that of its customers, the court quickly pushed such technical arguments to the side, holding that — for the purposes of the bank fraud statute — there is no practical difference between targeting a bank customer’s funds and targeting the bank’s own funds.Law360, December 13, 2016
“The court’s decision is in keeping with the long-standing principle that a fraud can be prosecuted under the criminal law even if the victim does not suffer a loss — which is an important distinction between criminal fraud and civil fraud,” said A. Katherine Toomey, a partner at Lewis Baach PLLC.Law360, December 12, 2016
The Appellate Division, First Department, recently affirmed the dismissal of various claims brought by New Greenwich Litigation Trustee, successor to the claims of two feeder funds in the Bernard Madoff affair, against various third-party fund administrators, accountants and auditors.New York Law Journal, November 16, 2016
“The government is looking for the Goldilocks number -- not too high and not too low,” said Katherine Toomey, a litigation partner at Lewis Baach Pllc in Washington who’s not involved in the Deutsche Bank case. “They want a deterrent for conduct and punishment, but without putting a major institution out of business or costing jobs.”Bloomberg, October 7, 2016
The U.S. Supreme Court is set to hear arguments Tuesday in a case that could make it more difficult for federal prosecutors to bring some bank fraud cases, and may also help determine whether banks are legally owners of customer deposits once they are made.
"Had the government used the second clause to go after Shaw, there would be no case before the Supreme Court," said A. Katherine Toomey, the managing partner of Lewis Baach PLLC's Washington office. "What seems the weirdest to me is that he was only charged under subsection one," she said.Law360, October 5, 2016
Next week, for the second time in two years, the U.S. Supreme Court will hear argument in a case for the purpose of resolving a split in the circuits concerning the scope of the bank fraud statute — 18 U.S.C. §1344.Law360, September 29, 2016
- KYC360, May 3, 2016
- Changes to Iran and Cuba restrictions make business simplier for UK and European insurersInsurance Day, April 21, 2016
- “NOW WHAT” – AN ARTICLE THAT ANSWERS THE QUESTION, “AFTER SANCTIONS ARE LIFTED, HOW DO I GET MY MONEY BACK?”
Mr. Francos is a contributing author.KYC360, April 4, 2016
- Law 360, March 30, 2016
- Press Release: Retired Military Officials Tell Court that Contractors' Abuse of Prisoners at Abu Ghraib Violated Clearly Established Military StandardsSeptember 30, 2015
- September 18, 2015
- Tulsa World, September 15, 2015
- Lewis Baach files amicus brief challenging death penalty secrecy law on behalf of Doctors for the Ethical Practice of MedicineSeptember 10, 2015
- September 10, 2015
- De a poco se abre espacio para la actividad jurídica en relación a la isla. Lewis Baach abre el juego con el recupero de fondos congelados.Auno Abogados, March 2015
- Yale Law School (J.D. 1989), Senior Editor of the Yale Law Journal, Awarded C LaRue Munson Prize for Clinical Projects
- Washington University in St. Louis (A.B., with University Honors, 1985)
- District of Columbia
- United States Courts of Appeals for the Fourth, Ninth, Eleventh, and D.C. Circuits