Kathleen M. Balderston

Kathleen Balderston is a partner in the Litigation department and is a member of the Complex Commercial Disputes practice group and past leader of the Banking and Financial Services team. She is a past chair of the firmwide Women’s Initiative Steering Committee. Kathleen regularly represents regulators in federal court litigation arising out of the failure of banks as well as energy companies in environmental defense work.

What do you focus on?

I focus my practice in the area of internal investigations and complex commercial litigation. I have extensive experience assisting federal regulators as receivers of failed financial institutions in investigating the role that former professionals of the institution played in its failure and determining whether meritorious claims exist against those professionals in connection with improper loan activities. When such claims exist, I assist in all phases of litigations and effectively see these claims through to their ultimate resolution. I have also assisted bank receivers in commercial litigation related to the failed bank.

I also have extensive experience representing major energy companies in environmental defense work as well as product manufacturers in asbestos and MTBE related toxic tort defense work.

What do you see on the horizon?

I see enormous interest in the resolution of what would be otherwise expensive and contentious litigation through early mediation and other forms of alternative dispute resolution. I have long been an advocate for early mediation and have been successful in achieving effective results for my clients.

Representative Matters

  • Represents major energy company in defense of cost recovery action related to alleged MTBE plume.
  • Represents the FDIC in commercial litigation related to non-traditional investments of a failed bank.
  • Represented the FDIC in numerous liability investigations and/or litigations arising out of the failure of a number of financial institutions nationwide.
  • Represented chemical importer in numerous cases brought by water districts for alleged MTBE contamination of water supplies. The cases were part of a Multidistrict Litigation situated in New York.
  • Represented major energy company at both the trial and appellate level in proceedings related to soil and groundwater contamination cases in both New York and New Jersey.
  • Represented wind division of major energy company in connection with environmental permitting for proposed onshore wind project.
  • Represented product manufacturers in asbestos-related personal injury and wrongful death actions brought against them in New York.
  • Represented environmental engineering firm in mass toxic tort action arising out of New Jersey Superfund site.
  • Defended NEPA litigations for natural resources company in connection with coal bed methane development.
  • Represented a government agency in a large, complex suit with a range of regulatory issues in the Southern District of New York against 34 defendants. The suit involved a two-year mediation and a month-long jury trial in the Southern District of New York, which resulted in substantial settlements with all defendants.
  • Defended electric and gas utility in a series of large, complex natural gas take-or-pay litigations.


Kathleen M. Balderston


New York

Phone: 212-940-3041

Fax: 866-204-3521

Fordham University School of Law, J.D.

Bowdoin College, A.B., magna cum laude

New York

U.S. District Court, Eastern District of New York

U.S. District Court, Southern District of New York

  • Former trustee, Community Nursery School of Wilton, Wilton, Connecticut
  • Former trustee, New Canaan Country School, New Canaan, Connecticut (2003-2008)
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