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Areas of Practice
Education
  • Harvard Law School, J.D., 2003, Managing Editor, Harvard Environmental Law Review
  • California State University - Long Beach, B.A., summa cum laude, 2000
Judicial Clerkships
  • Hon. James Gwin, US District Court, Northern District of Ohio
  • Hon. Mary Beck Briscoe, US Court of Appeals, Tenth Circuit, Lawrence, Kansas
Bar & Court Admissions
  • District of Columbia
  • California
  • US Supreme Court
  • US Court of Appeals for the Third, Fourth, Sixth, Ninth, Tenth, and Eleventh Circuits
  • US Court of Appeals for the District of Columbia
  • US District Court for the District of Columbia and the Central District of California

Kathryn J. Gainey

Of Counsel
1330 Connecticut Avenue, NW
Washington DC 20036
TEL: 202.429.6253
FAX: 202.429.3902

Kathryn J. Gainey is of counsel in Steptoe’s Washington office, where she is a member of the firm’s Transportation Group, which has been recognized as a leading rail transportation practice by Chambers USA from 2008 through 2012.  Ms. Gainey’s practice concentrates on transportation regulatory and litigation matters, as well as regulatory and litigation matters in financial services, pharmaceutical, and energy industries.  

Transportation Matters
Ms. Gainey provides regulatory and litigation advice to clients relating to surface transportation matters.  Ms. Gainey has represented clients in railroad regulatory disputes before the Surface Transportation Board (STB), including unreasonable rule or practice cases, rate cases under the Stand-Alone Cost Test and the Three-Benchmark methodology, rulemakings, and other proceedings.  She has advised clients on various transportation issues involving the transportation of coal, agricultural commodities, and hazardous materials.  She has advised clients on questions relating to STB regulations, as well as other Department of Transportation regulations, including the Federal Railroad Administration’s (FRA) positive train control (PTC) systems.  She has also represented clients in contractual disputes in court and arbitration proceedings relating to transportation. 

She has written numerous articles and speaks regularly regarding railroad regulatory developments.  She is the editor of the Railroads section of the Association Highlights publication of the Association of Transportation Law Professionals.

Financial Services, Pharmaceutical, and Energy Matters
Ms. Gainey addresses complex regulatory and litigation issues in financial services, pharmaceutical, and energy industries.  She represents clients in cases involving the interpretation of federal statutes and regulations, preemption, judicial review of administrative action, jurisdictional issues, constitutional challenges, commercial disputes, contractual disputes, and challenges to legislation.  She has represented clients in state and federal courts throughout the country. 

Ms. Gainey also has an active appellate practice.  She has worked on briefs before the United States Supreme Court, six federal courts of appeals, and several state appellate courts.  She has argued before the US Court of Appeals for the Third Circuit and won reversal of a grant of summary judgment.  Ms. Gainey worked on an amicus brief advancing a statutory interpretation that the United States Supreme Court adopted in its opinion in Clark v. Martinez, 543 US 371 (2005).

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Professional Affiliations

  • Surface Transportation Law Committee Chair, Federal Bar Association, Transportation & Transportation Security Law Section
  • Member, American Bar Association, Section of Public Utility, Communications and Transportation Law
  • Member, Association of Transportation Law Professionals
  • Associate Member, Edward Coke Appellate Inn of Court
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