Katy E. Koski is a partner and litigation lawyer with Foley & Lardner LLP. She is an experienced trial lawyer with particular experience defending pharmaceutical and other life science companies in large, multi-jurisdictional government investigations and litigations. Ms. Koski also has represented clients on matters involving product liability claims in a variety of industries, including drug and medical companies, product distributors, and aircraft manufacturers.
Since 2005, she has represented pharmaceutical manufacturers in the nationwide Average Wholesale Price (AWP) litigation. The AWP litigation consists of 50 separate lawsuits pending in state and federal courts around the country, including a qui tam action under the Federal False Claims Act and numerous civil enforcement actions brought by state attorneys general alleging violations of a variety of state statutes, including state false claims acts. Ms. Koski has appeared as co-counsel in both jury and bench trials in various jurisdictions around the country defending against these claims.
Prior to joining Foley, Ms. Koski was a partner with K&L Gates.
Representative Experience
Represent a NYSE-listed drug manufacturer challenging drug pricing practices, violations of the False Claims Act, and other state statutes governing business practices, throughout the country
Represent drug distributor in action brought by state challenging distribution of controlled substances
Represent drug company in investigations and actions brought by several state and local governments challenging sales and marketing practices of branded controlled substances
In 2011, following an eleven-day jury trial, obtained complete defense verdict on behalf of generic drug manufacturer in AWP litigation
In January 2009, following a seven-day trial and two days of deliberations, obtained a $15.7 million patent infringement verdict for NYSE-listed global healthcare company and medical device manufacturer; this verdict was listed as #1 by Massachusetts Lawyers Weekly in "Top Verdicts of 2009"
Represented a pharmaceutical manufacturer in defense of product liability claims, as regional counsel
Assisted venture capital firm in securing control of company from ousted principals
Represented Massachusetts Board of Bar Examiners before the Supreme Judicial Court of Massachusetts in successful opposition to two appeals by applicants who were denied admission to the practice of law
Represented aircraft manufacturers in defense of numerous product liability claims arising out of alleged exposure to asbestos, as regional counsel
