Competition Insights LLC

Katherine Funk

Partner

Competition Insights LLC

Contact Information

202-276-0015, competitioninsights@gmail.com

Website

No Information added


Biography

Katie is a trusted advisor to corporate executives and in-house legal departments with more than 20 years of experience handling strategic business acquisitions and day-to- day business counsel. A long-standing client recruited Katie to its in-house corporate development team. In that role, she worked directly with senior executives to identify and set corporate strategy, go to market and execute. She reformulated and built a cohesive team focused on identifying and closing joint-venture opportunities. Her team’s performance improved more than 50% in year-over-year closed transactions.
Relying on her legal background, Katie developed and implemented processes and policies to streamline transaction timelines and workflow. This in-house transactional experience enhances Katie’s experience at AmLaw 100 firms counseling clients through the process of identifying targets and successfully navigating regulatory issues before the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC). She regularly negotiated and reviewed licensing agreements, product distribution programs and employment contracts. Katie has significant experience counseling clients in the healthcare, technology (including SaaS), bio-tech, new and old media, and financial services industries. Additionally, she participated in a number of multi-jurisdictional legal compliance reviews for clients to identify legal risks arising out of business practices including the collection of personal data, hiring, licensing and contracting and IP portfolio management. Katie also has experience in all aspects of litigation, including in state and federal courts, and before a federal agency.

Katie is a positive team-player with a track record of successfully building productive and cohesive teams. She is able to quickly assimilate information, and brings a pragmatic “find a way” approach to balancing business needs and legal requirements.


Areas of Law and Practice

Areas of Law Areas of Practice
Advertising and Marketing Advertising Law, Direct Marketing, False Advertising, International Marketing, Marketing Law, Multi-Level Marketing, Outdoor Advertising, Promotion Law, Sponsorship Law, Telemarketing Fraud, Telemarketing Law
Agency and Distributorships Dealer and Distributor Termination, Distribution, Distribution Agreements, International Distribution
Alternative Dispute Resolution Arbitration, Mediation
Antitrust and Trade Regulation Antiboycott Compliance, Antitrust, Antitrust Class Actions, Business Combinations, Competition, Deceptive Trade Practices, International Antitrust, Price-Fixing, Trade Regulation, Unfair Trade
Business Law Business Arbitration, Business Cooperatives, Business Crimes, Business Litigation, Business Mediation, Business Regulation, Business Transactions, Business Transfers, Buy-Sell Agreements, Buying and Selling of Businesses, Family Business Mediation, International Joint Ventures, Joint Ventures, Limited Liability Company Law, Sole Proprietorships, Strategic Alliances
Commercial Law Commercial Arbitration, Commercial Bad Faith, Commercial Liability, Commercial Litigation, Commercial Mediation, Commercial Transactions, Complex Commercial Litigation
Consumer Law Consumer Arbitration, Consumer Class Actions, Consumer Collections, Consumer Protection
Contracts Contract Drafting, Commercial Contracts
Health Care Alternative Health Care Delivery, Systems, Certificates of Need, Health Care Legislation, Health Care Mergers and Acquisitions, Health Care Privacy, Health Care Reform, Health Care Regulation, Health Information Technology, Health Insurance Portability and Accountability Ac, Health Insurance Trusts, Health Law, Health Maintenance Organizations, Integrated Health Care Delivery Systems, Medical Antitrust
Litigation Civil Litigation, Commercial Litigation, Complex and Multi-District Litigation, Complex Litigation, Defense Litigation, Federal Civil Litigation, Federal Litigation, Trial Practice
Mergers and Acquisitions Business Acquisitions, Business Divestitures, International Merger Notification, International Mergers and Acquisitions, Mergers, Acquisitions and Divestitures, Premerger Notification, Spin-Offs
Property Law Personal Property
Regulatory Law Federal Regulatory Law, Regulated Industries, Regulatory Agency Practice, Regulatory Investigations
Trade Secrets Theft of Trade Secrets, Trade Secret Misappropriation

Jurisdictions

  • Federal
  • District of Columbia, Missouri

Employment History

  • Vice President Corporate Development | Fresenius Medical Care

    2015 - 2016

    • Recruited by long-standing client into business role.
    • Identified and pursued strategic opportunities in furtherance of stated corporate goals
    o Performed financial due diligence
    o Negotiated transaction documents, including joint-venture and acquisition agreements; real estate leases; and non-competition agreements.
    o Managed outside counsel
    o Team performance improved more than 80% in year-over-year results
    • Developed process improvements and transaction management systems to streamline transaction timelines and workflow.

  • Partner | Crowell & Moring LLP

    2014 - 2015

    • Advised clients on the competition aspects of strategic transactions; engaged with attorneys and economists at the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC).
    o Representative transaction: Persuading FTC to clear $12 bn. sale of client business to vertically integrated competitor without issuing request for additional information.
    • Negotiated and reviewed licensing agreements in the pharmaceutical and tech sectors for antitrust issues.
    o Familiarity with HIPAA and Stark/Anti-kickback rules
    • Counseled clients on the antitrust issues raised by creating clinically integrated networks/Accountable Care Organizations.
    • Advised on product distribution programs for retailers and manufacturers involving on-line and brick and mortar platforms.
    • Conducted antitrust compliance training; drafted antitrust compliance policies and procedures.
    • Experienced in all aspects of litigation, including in state and federal courts, and before federal agencies.
    • Active pro-bono practice.
    • Member of the Firm recruiting committee.

  • Partner | Baker & McKenzie

    2011 - 2014

    • Advised clients on competition aspects of strategic transactions, navigating issues before the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC)
    o Representative transaction: Advising client on $3 bn. transaction to acquire rival, including negotiation of divestiture agreement and securing FTC Commission approval within compressed timeframe.
    • Led and participated in several multi-jurisdictional compliance reviews for clients to identify legal compliance risks arising out of business practices including antitrust, FCPA, the collection of personal data/privacy, hiring, licensing and contracting and IP portfolio management.
    • Negotiated and reviewed cross-border licensing agreements.
    • Counseled on formation of clinically integrated networks/Accountable Care Organizations.
    • Drafted product distribution programs, antitrust polices and employment contracts for multi-national clients. Advised on product distribution programs for retailers and manufacturers involving on-line and brick and mortar platforms.
    • Experienced in all aspects of litigation, including in state and federal courts, and before federal agencies.
    o Part of team that successfully defended proposed hospital merger in federal district and federal appellate court.
    • Selected by Firm management to participate in future leaders training program.
    • Positively managed numerous attorneys, paralegals and support staff.


Education

  • J.D. | University of Iowa College of Law

    1989 - 1992

  • B.S.B.A. | Creighton University

    1985 - 1989

    Accounting and Economics


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Publications and Presentations

No Publications


  • TYPICAL HOURLY RATE: $300
    TYPICAL FIXED FEE: --
    TYPICAL CONTINGENCY FEE: --
  • Bethesda, Maryland, Montgomery County

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