Kimberly K. Kefalas has extensive litigation experience relating to antitrust law, contracts and commercial torts, voluntary associations, and the sports and entertainment industries. Her practice is focused on complex commercial cases and class action litigation, primarily antitrust.
In re Student-Athlete Likeness Litigation (N.D. Cal. 2009) Defending NCAA against putative class action claims for price fixing and group boycott in connection with alleged use of student-athlete likenesses.
American Needle, Inc. v. National Football League, et al. (Supreme Court of the United States 2010). Prepared amicus brief for NCAA regarding proper application of single-entity doctrine to sports leagues.
Warrior Sports, Inc. v. Nat'l Collegiate Athletic Ass'n (Sixth Circuit Court of Appeals 2010). Defended NCAA against claim that standard-setting process for lacrosse sticks violated the Sherman Act. Motion for judgment on the pleadings was granted by the US District Court for the Eastern District of Michigan, and affirmed on appeal to the Sixth Circuit.
Valassis Communications, Inc. v. News America Marketing, et al. (E.D. Mich. 2010). Represented publishing company on claim that defendant violated the Sherman Act and state unfair competition laws by engaging in anticompetitive tying, bundling and exclusive dealing. Valassis was awarded $300 million in damages after an eight-week jury trial in state court, and the case settled for a total of $500 million on the eve of trial of the Sherman Act claims.
CQ International, Inc. v. Rochem International, Inc. (D. Mass. 2009). Defended importer of pharmaceutical chemicals from tortious interference and unfair competition claims related to importation of chemicals from China. The client's motion for summary judgment was granted.
Antidote International Films v. Bloomsbury Publishing, plc (S.D.N.Y. 2007). Represented film company on fraud and breach of contract claims based on defendant's use of a false identity to generate interest in her art. The jury ruled in the film company's favor after a two-week trial.
In re NCAA 1-A Walk-On Football Players Litigation (W.D. Wash. 2006). Defended NCAA against purported class action claim that scholarship limits in the sport of football constituted a price-fixing conspiracy that violated the Sherman Act. The plaintiffs' motion for class certification was defeated.
White v. Nat'l Collegiate Athletic Ass'n (C.D. Cal. 2006). Defended NCAA against purported class action claim that financial aid rules in the sports of football and men's basketball constituted a price-fixing conspiracy the violated the Sherman Act. Case settled while the NCAA's motion to decertify the class was pending.
Metropolitan Intercollegiate Basketball Ass'n v. Nat'l Collegiate Athletic Ass'n (S.D.N.Y. 2005). Defended NCAA against claim that NCAA violated Sherman Act by organizing group boycott of rival basketball tournaments. Case settled after two weeks of trial.
Worldwide Basketball and Sport Tours, Inc., et al. v. NCAA (Sixth Circuit Court of Appeals 2004). Defended NCAA against claim that NCAA violated Sherman Act by organizing group boycott of basketball tournaments and by regulating length of men’s basketball season. After Plaintiffs received injunctive relief in District Court, successfully obtained reversal on appeal to the Sixth Circuit.
Pocono Invitational Sports Camp, Inc. v. NCAA (E.D. Pennsylvania 2000). Defended NCAA against claim that NCAA violated Sherman Act by regulating coaches’ recruiting calendar in mens’ basketball. The client’s motion for summary judgment was granted.
“Eaton Case Could Allow Supreme Court to Refine Standards in Monopolization Cases,” (co-author) Bloomberg BNA – Antitrust & Trade Regulation Report (Feb. 8, 2013)
“An End to Uniqueness-Based Presumptions of Market Power: Beyond Illinois Tool,” (co-author) Michigan Bar Journal (September 2008)
Awards and Honors Michigan Rising Star — Antitrust Litigation, Michigan Super Lawyers
University of Michigan Law School(J.D., magna cum laude, 2002)Notes Editor, Michigan Law Review
Order of the Coif
American Bar Association
Section of Antitrust Law
Books and Treatises Committee
Long Range Planning Committee
State Bar of Michigan
Antitrust, Franchise and Trade Regulation Section
Washtenaw County Bar Association