Areas of Practice
- Appellate & Supreme Court
- Products Liability, Pharmaceutical & Mass Tort Litigation
- Rail Transportation
- Surface Transportation
- Harvard Law School, J.D., 2003, Managing Editor, Harvard Environmental Law Review
- California State University - Long Beach, B.A., summa cum laude, 2000
- 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
- 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
Washington DC 20036
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.
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).
Select News & Events
- Joint March Brown Bag Transportation Lawyers Luncheon, March 19, 2013
- Media Cover Steptoe's Appellate Win for Pfizer in Vaccine Case
- "Railroads: Year In Review," Association of Transportation Law Professionals' 83rd Annual Meeting, June 15, 2012
- Steptoe Announces Promotion of 13 Lawyers
- "Supreme Court’s 2011-12 Term," ABA Section of Litigation's Appellate Practice for Young Lawyers Workshop, November 18, 2011
- "Railroads: Year In Review," Association of Transportation Law Professionals' 82nd Annual Meeting, June 26, 2011
- Appellate Victory in Oral Polio Vaccine Case
- "Railroads: Year In Review," Association of Transportation Law Professionals' 81st Annual Meeting, June 29, 2010
- Author, “Defining the Scope of Admiralty Jurisdiction: Is a Floating Home a ‘Vessel’?”Federal Bar Association, Transportation and Transportation Security Law Section, Winter 2013, TransLaw
2013, Energy, Utility, Transportation and Environment Law for the 21st Century: A Collection
- 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