Katherine C. Yarger is a senior litigation associate in the Denver office of Gibson, Dunn & Crutcher. She focuses on complex commercial litigation at both the trial and appellate levels. 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 the firm, Ms. Yarger clerked for Associate Justice Clarence Thomas on the United States Supreme Court and prior to that practiced at a Denver trial boutique where she defended clients against large consumer products liability class actions and medical malpractice claims. Ms. Yarger has tried two jury trials to verdict.
Ms. Yarger received her B.A. cum laude with honors from Dartmouth College. She received her J.D. from the Duke University School of Law in 2008, where she graduated with Honors and was awarded the Advocacy Award for excellence in Appellate Advocacy and where she served as Co-Chair of the Moot Court Board.
After graduating from law school, 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 is a 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.
- 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.
Ms. Yarger is admitted to practice law in the state of Colorado and before the U.S. Supreme Court, the 10th Circuit Court of Appeals, the 9th Circuit Court of Appeals, the U.S. District Court for the District of Colorado and the Colorado Supreme Court.