Katherine C. Yarger is an experienced litigator focusing on complex commercial litigation at the trial and appellate levels in state and federal courts. For example, Ms. Yarger has second chaired two jury trials to a successful verdict on behalf of her clients, and has argued, successfully, on behalf of her client before the United States Court of Appeals for the Fourth Circuit. In 2012, Law Week Colorado named Ms. Yarger as a “Top Woman Lawyer” in Colorado. In 2017, Super Lawyers named Ms. Yarger as a “Rising Star” in Colorado.
Before joining Lehotsky Keller Cohn LLP, Ms. Yarger focused on complex class action litigation, defending a Fortune 5 company in ongoing labor and employment class actions in federal court and a Fortune 50 company in a series of state-wide class actions alleging violations of a provision contained in an insurance product. Ms. Yarger has also briefed industry critical regulatory issues including on behalf of a multi-national mining corporation in the United States Court of Appeals for the Ninth Circuit. She has also assisted in defending a large technology company against a multi-year, multi-stage investigation by the Federal Trade Commission.
Ms. Yarger previously practiced as a trial and appellate litigator at the law firms of Gibson, Dunn & Crutcher LLP and Wheeler Trigg O’Donnell LLP where she represented clients across a wide array of industry sectors.
After graduating from Duke University School of Law, Ms. Yarger clerked for the Honorable Allison H. Eid of the Colorado Supreme Court and the Honorable Neil M. Gorsuch of the United States Court of Appeals for the Tenth Circuit. Ms. Yarger then went on to clerk for the Honorable Clarence Thomas, Associate Justice of the United States Supreme Court. Ms. Yarger is a recent member of the Colorado General Counsel Group (CGCG) Advisor Program. She is also an active member in the United Way “Read With Me” program, supporting child literacy.
Honors & Affiliations
Duke University School of Law Award for Excellence in Appellate Advocacy (2008)
Law Week Colorado “Top Woman Lawyer” in Colorado (2012)
Selected to join the Colorado General Counsel Group (2016)
Super Lawyers “Rising Star” in Colorado (2017)
Court Admissions
Colorado Bar
Supreme Court of the United States
United States Courts of Appeals for the Ninth and Tenth Circuits
United States District Court for the District of Colorado
Representative Experience
Defending Fortune 5 company in an ongoing class action in federal court in which plaintiffs have alleged, on behalf of hundreds of thousands of putative class members, claims of wage and hour violations spanning dozens of workplaces.
Defending Fortune 5 company in a putative age and gender discrimination class action involving thousands of putative class members, in which, following the initial motion to dismiss and motion to strike the class, counsel voluntarily dismissed the class claims and settled out a majority of the named plaintiffs.
Defending large national company in actions spanning multiple jurisdiction related to cutting edge questions of categorization of workers under various states’ and federal employment law.
Defending self-made billionaire in multi-front litigation involving breach of contract claims, RICO claims, and fraud claims all related to large corporate ownership dispute.
Defending international mining company in industry critical appeal in the Ninth Circuit Court of Appeals
Defended a Fortune 100 company in a multi-year, multi-stage investigation by the Federal Trade Commission involving cutting edge privacy, cyber-security, and consumer protection issues.
Successfully defended large joint venture in multi-billion-dollar arbitration involving a contract dispute arising out of one of the largest energy infrastructure projects in the United States.
Defended medical products company against Lanham Act claim and achieved favorable settlement.
Defended large healthcare corporation against unsubstantiated hit piece by major news outlet.
Convinced Federal Trade Commission to voluntarily dismiss an action against a Fortune 500 company for a purported violation of the Clayton Act.
Prevailed in Sixth Circuit Court of Appeals on behalf of transportation company on an unsettled issue of interstate transportation law.
Defended name brand consumer food company in dispute related to ownership.
Defended for profit education company in large scale investigation by the Federal Trade Commission.
Defended company in high stakes litigation involving CERCLA liability.
Defended consumer food product company in trademark dispute.
Drafted large comprehensive report on behalf of State Agency executing legislative mandate to recommend various potential avenues for future ownership, management, or reformation of large public utility.
Defended Fortune 20 payment solutions company in contract dispute before the Tenth Circuit Court of Appeals.
Pro Bono Matters
Defending family claiming violations of religious liberty against homeowner’s association in appeal before the Ninth Circuit Court of Appeals.
Developed and briefed a successful legal strategy on behalf of a pro bono client before the Colorado Supreme Court, allowing the client to continue to operate a halfway house for at-risk individuals.
Drafted amicus brief in the United States Supreme Court on behalf of a law enforcement association urging preservation of historical religious symbols.
Drafted amicus brief on behalf of former federal public officials in defense of governor appealing corruption conviction.
Education
J.D., Duke University School of Law, 2008, honors
Advocacy Award for excellence in Appellate Advocacy
Co-Chair of the Moot Court Board
B.A., Dartmouth College, cum laude