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Kim Bousquet

Partner

St. Louis
314 552 6099 direct

Kim is a tenacious and passionate advocate for clients in contentious high-stakes litigation. Kim routinely handles all aspects of litigation in a number of industries, including financial services, agriculture, agribusiness, biotechnology, food, and manufacturing.

In her work, Kim is always guided by the client's true goals for the litigation, which usually means identifying the straightest path to a successful resolution, whether a swift remedy or a sophisticated long-term litigation strategy. Kim has extensive experience crafting clear, compelling legal arguments and articulating those arguments in briefs, memoranda, and oral arguments during all phases of a trial or appeal. Kim also routinely counsels clients on litigation strategy, e-discovery, and regulatory issues related to the litigation.

To better serve her clients, Kim works diligently to stay abreast of current industry and legal issues affecting the food and agribusiness industries and is a regular contributor to the firm's Food Fight Blog. Kim has a particular interest in food labeling litigation, GE seed litigation, food labeling laws and regulations (including the new bioengineered foods disclosure law), produce safety rules, and urban agriculture.

For several years, Kim has been active in every major litigation related to the release of genetically engineered plants. Drawing on her post-graduate studies in ecology, biology, and environmental studies, Kim can speak the language of agribusiness professionals and attorneys, and works with them directly on the best way to resolve complex commercial litigation in the areas of agriculture and biotechnology.

Part of the litigation team that serves as national counsel for a major for-profit higher education institution facing lawsuits and government investigations in jurisdictions across the country. As a former general counsel for the Missouri State Board of Nursing, Kim has been instrumental in responding to litigation involving the institution's nursing programs.

Worked on a groundbreaking appeal for a major agribusiness in a suit filed under the United States Warehouse Act. The resulting decision staved off an attack by another agribusiness that attempted to force the client to accept modified crops at its warehouses. The case was an issue of first impression before the 8th Circuit, and the favorable ruling allowed the client to determine its own strategy for accepting certain GMO crops.

Key member of the defense team that secured a walk-away result for a firm client in a case alleging trade secret theft where the plaintiff sought lost profits damages of over $50 million. This successful resolution followed the implementation of a litigation strategy designed to expose key weaknesses in the plaintiff's claims.

Primary author of a successful opposition to a motion for class certification in federal court. The resulting order was one of the first to articulate the ways in which the proposed injunction class did not meet the standard of seeking "primarily injunctive or declaratory" relief because the facts and circumstances alleged made clear that the primary intent of the litigation was monetary damages.

Primary author of a successful motion for summary judgment on a complex standing issue that allowed the client to proceed to trial with all of its requested damages categories intact.

TCLEs

Statutory Changes, New Regulations, and Compliance Deadlines Under the Food Safety Modernization Act

Blogs

Updated FSIS guidance on raising animal label claims

5 legal trends food and agriculture companies need to know about

Ninth Circuit holds juries can decide the definition of ‘natural’

Farming through the eyes of an ag lawyer

Protecting food industry whistleblowers: FDA, OSHA team up under FSMA

What food, packaging and agribusinesses need to know about the first-ever nationwide GMO labeling law

Not so Wonderful: What the food industry can learn from Pom’s faulty health claims

No-GMOs are a no-go in Oregon and Hawaii

Education malpractice and student litigation: Achieving early dismissal

Education malpractice and student litigation: How to assess claims

Publications

"Not so Wonderful: What the food industry can learn from Pom’s faulty health claims"
Food Fight Blog July 2016

"What food, packaging and agribusinesses need to know about the first-ever nationwide GMO labeling law"
Food Fight Blog July 2016

"Education malpractice and student litigation: Achieving early dismissal";
REGucation Blog, May 2016

"Education malpractice and student litigation: How to assess claims";
REGucation Blog, May 2016

"Education malpractice and student litigation: New lessons learned";
REGucation Blog, April 2016

"Recent Cases Addressing the Educational Malpractice Doctrine: Three Key Lessons for Defending Against Student Claims";
Career Education Review, April 2016

"4 takeaways for higher ed from the Alabruda student lawsuit verdict";
REGucation Blog, March 2016

"9th Circuit sends herbicide debate back to the EPA";
Food Fight Blog, February 2016

"EPA sets flip-flopping precedent, reversing prior pesticide registration";
Food Fight Blog, December 2015

Presentations

"Statutory Changes, New Regulations, and Compliance Deadlines Under the Food Safety Modernization Act"
TCLE October 4, 2016

"Recent Changes in Food Law: Regulation, Litigation and Legislative Updates"
American Agricultural Law Association Symposium October 2016

"The Future of the Profession";
Missouri Bar CLE, January 2016