Biography

Kathy Nusslock returned to a commercial litigation practice in 2017 after serving as the firm’s Chief Operating Officer from July of 2014 through September of 2017 and firm President from December of 2014 through September of 2016. As Chief Operating Officer, Kathy worked in conjunction with the Board of Directors and was responsible for overall management of the firm’s operations, including human resources, facilities management, and oversight of accounting/finance, information technology, and marketing/business development.

Kathy maintains an active caseload providing representation on a broad range of litigation matters in state and federal trial and appellate courts as well as in arbitration and other alternative dispute forums. Kathy has significant experience working with complex litigation matters ranging from employment discrimination and employment benefits disputes to unfair trade practices. Kathy also is experienced in disputes involving intellectual property, restrictive covenant and other agreements, breach of contract and warranty claims, and trust and estate disputes.

Kathy’s clients include individuals, small, mid-sized and large corporations, as well as governmental entities. Kathy works closely with these clients and other attorneys to develop strategies in dealing with electronically stored information, including the preservation, collection and production of this information.

As a talented leader and successful trial attorney, Kathy’s dedication to the legal industry has not gone unnoticed. She has been proudly ranked among Wisconsin’s Super Lawyers® since 2005, honored among the Top 25 Women Attorneys in Wisconsin, by Super Lawyers®, for six terms, recognized by the Wisconsin Law Journal among their 2013 Women in the Law and recognized as one of the Best Lawyers in America since 2015. Kathy is the proud recipient of the Brennan Award from the National Trial Advocacy College, joining such distinguished leaders as Justice Antonin Scalia, former Attorney General Benjamin Civiletti and others.

Kathy continues to serve as Counsel to the Firm.

Notable Representations

As a trial attorney, Kathy’s clients included individuals, small, mid-sized and large corporations, as well as governmental entities. Below are a few examples of her litigation experience.

General Commercial Litigation

Breach of Joint Venture Agreement Kathy, along with three of her partners, defended a manufacturer against a $50 million claim by its foreign partner for breach of a joint venture agreement. The representation was a significant success: after a week-long arbitration hearing before the International Chamber of Commerce, all claims against the client were dismissed and an award was entered in favor of the client on its counterclaim.

Financial - Banking Matters

Kathy represented a real estate developer in the interpretation of a pre-payment penalty clause in a permanent financing loan agreement.

Kathy successfully represented a troubled credit union in resolving various employment matters.

Commercial Real Estate

Development Associate Agreements Kathy successfully represented a business owner in the interpretation and enforcement of business development restrictions.

Intellectual Property

Non-compete, Trade Secrets

She has experience representing numerous clients in disputes brought against former employees for breach of a non-compete agreements and violations of the trade secret statutes. Kathy successfully invoked the Computer Fraud and Abuse Act to prevent employees from disseminating confidential employer information, using this law separately or in conjunction with the enforcement of various employment contracts.

Kathy defended a Wisconsin manufacturer from claims of tortious interference with contract, misappropriation and theft of trade secrets in Texas state court.

Labor & Employment

Employment Litigation

Kathy successfully defended a Wisconsin company sued in federal court in federal court in Colorado when it hired a former employee of a competitor. Although the competitor alleged the Wisconsin company interfered with its contract with the former employee (containing restrictive covenants), a non-economic resolution was negotiated between the competitor and the former employee and the matter dismissed in its entirety.

Kathy defended a national company against claims of gender and disability discrimination in federal court in Texas.

Municipal - Governmental Representation

Kathy has represented school districts and the individual board members in suits involving allegations of discrimination, wrongful termination and violations of open meetings law.

In addition, she counseled a municipality in a multi-million dollar suit involving the condemnation of a parcel of land for the redevelopment of the downtown district.

Trusts, Estates and Succession Planning

Trust and Estate Litigation Kathy frequently represents individual and corporate personal representatives and trustees in litigation over the interpretation of trust and estate documents, a decedent's distribution elections, allegations of breach of trust and other breaches of fiduciary duty, and intra-beneficiary dispute.

Leadership

Professional Activities

Admitted, United States Supreme Court

Admitted, Seventh Circuit Court of Appeals

Admitted, United States District Courts: Eastern and Western Districts of Wisconsin, Northern District of Illinois, Northern District of Ohio, Northern District of Texas, District of Colorado, and Western District of New York

ABF, The Fellows of the American Bar Foundation

Admitted, State Bar of Wisconsin and Florida

President's Council, Eastern District of Wisconsin Bar Association

Member, Eastern District of Wisconsin, Court Liaison Committee

Member, Milwaukee Bar Association

Faculty Member, National Trial Advocacy College at the University of Virginia School of Law (2009 - 2018)

Member, Former President, Serjeants’ Inn

Wisconsin Law Foundation Fellows

Member, Eastern District of Wisconsin Federal Rules Committee

Lawyers for Libraries (2013 – 2016)

Community Involvement

Board Member, Milwaukee County Historical Society

Member, Marquette University Law School Advisory Board

Member, University of Wisconsin – Milwaukee’s Graduate School Cabinet

Board Member, Dorothy Inbusch Foundation

Former Member, Shorewood Board of Appeals (2009 – 2018)

Former Board Member, Next Act Theatre (2003 – 2016)

Published Articles / Presentations

Nov. 10, 2017 – Presentation, “Representing Clients’ Interests in Another State,” Marquette University Law School

Sept. 13, 2017 - Panel Member, “Federal Practice Tips” Eastern District of Wisconsin Bar Association

Nov. 13, 2015 – Presentation, “Representing Clients’ Interests in Another State,” Marquette University Law School Traveling CLE

March 20, 2013 – “The Hidden Minefield of eDiscovery.” Wisconsin Department of Justice"

February 17, 2011 - Panel Member - "Mediation in the Eastern District of Wisconsin: Advice from the Bench and the Bar."

July 16, 2010 - Lecture, "The Legal Side of Business Relationships," presented at the Second Annual Conference at The Pilates Center, Boulder, CO

November 18, 2009 - Lecture, "Nuts and Bolts of Litigation Holds," Electronic Discovery Conference, presented by the Eastern District of Wisconsin Bar Association

June 4, 2009 - Presenter/Panel Member Minnesota State Bar Association

November 7, 2008 - Lecture, “Use of Electronic Evidence in Litigation – A Mock Trial,” presented to Wisconsin Department of Justice, Division of Legal Services

November 6, 2008 - Lecture, "Law and Practice of Electronic Discovery," presented at the Milwaukee Bar Center

April 24, 2008 - Lecture, “E-Discovery: What Is It? How Do You Get It? How Do You Preserve It?” presented to Wisconsin Department of Justice, Division of Legal Services

June 21, 2007 - Lecture, "Beyond the Rules," State Bar CLE

November 15, 2006 - Lecture, "Ignoring ESI Has A Price," presented to Davis & Kuelthau, s.c.

May 14, 2004 - Lecture, "Metadata," Paralegal Association

December 1, 2004 - Lecture, 2004 Midwest Law & Technology Conference & Expo, Midwest Tech Show

“Just How Privileged Are We?” Wisconsin Lawyer, Vol. 64, No. 9

“Living With Discrimination, “ Wisconsin Civil Trial Journal, Vol. 1, No. 1