Kim Walker serves as the leader of the firm's national food and agriculture industry team, focusing his practice in the food, agribusiness litigation and antitrust areas. He was a co-founder of the firm's Des Moines office in 1990.

A litigator for more than 30 years, Kim divides his time between the firm's Minneapolis and Des Moines offices. He has represented national and regional clients in commercial and antitrust litigation on a wide range of matters. Kim represents and manages the firm's relationships for firm clients such as Cargill, Hormel Foods Corporation, Musco Sports Lighting, Inc. and the International Foodservice Manufacturers Association.

His areas of representation include:

• Product performance
• Risk management
• Contract dispute
• Pricing and fraud
• Products liability
• Environmental nuisance and contract matters
• Antitrust and trade regulation compliance-related issues

Client Service

For his client focus and commitment, Kim was named a BTI Client Service Super All-Star for 2012, the second year he has been listed. BTI recognizes national leaders who deliver superior service to clients at Fortune 1000 companies and other large organizations. He was noted for his exemplary client service by delivering top value under increased pressure and budget challenges.

His other rankings include Chambers USA: America's Leading Lawyers for Business; The Best Lawyers in America; Super Lawyers; and highest peer review Martindale-Hubbell AV Rating for 30 consecutive years. Chambers USA specifically described Kim as having "built a notable profile acting for the agribusiness sector." Clients are quoted describing Kim as "a strong litigator with wide experience."

Industry Leadership

Kim is well-known in the food and agriculture industry. He has published numerous articles on industry topics, is looked to by the media for comment on industry developments and speaks nationally. He gave a presentation in Shanghai, China, at the 2011 Food & Beverage Conference on food safety to more than 200 food company representatives. Kim is also instrumental in firm leadership in the areas of diversity and inclusion.

Community and Firm Leadership

Kim has various leadership roles in the community and within the firm, including:

• Leader of the firm's national food and agriculture industry segment; chaired the Faegre Baker Daniels Food, Agriculture & Biofuels 2010 National Conference — Agricultural Production to Food Consumption: Meeting the Challenges for Sustainable Success — in July 2010
• Member of the Twin Cities in Diversity in Practice Marketing Committee
• Other civic boards, including Hoyt Sherman Foundation and Des Moines Playhouse

Recent Representative Cases 

• Hawkeye Foodservice Dist., Inc. v. Martin Bros. Dist. Co., Inc., et al., Civ. No. 3:10-cv-00161-RP-TJS (S.D. Iowa 2010). Defense of foodservice distribution company which won bid process to service Iowa schools' food needs from price discrimination and monopolization claims by losing bidder.
• BoDeans Cone Co. L.L.C., et al. v. Norse Dairy Systems, et al., WL 5258135 (N.D. Iowa). Represented new entrant in novelty cone and ice cream sandwich wafer markets against incumbent supplier, alleging monopolization through exclusive dealing and tying of cones and wafers to placement of filling equipment. Case settled shortly before trial. (2009)
• Burford v. Cargill, Inc. (W.D. La.). Leads Faegre Baker Daniels team representing Cargill in this putative national class action alleging consumer fraud claims based on dairy industry marketing practices. (Ongoing)
• Adams, et al. v. United States, DuPont, et al., U.S. District Court for the District of Idaho, Case No. 4:03-cv-00049-BLW. Faegre Baker Daniels represented DuPont in a four-month trial of the claims of four bellwether plaintiffs. More than 400 growers of various crops alleged off-target movement of herbicide applied by the Bureau of Land Management on government-controlled, fire-damaged land to control invasive weed species. (2003-09 Trial)
• DeBruce Grain, Inc. v. Mitchell, No. 6-1010/05-1934 (Iowa App. July 25, 2007). Affirming trial court's decision in action arising out of a dispute as to the ownership of a cash forward contract for the purchase of soybeans and awarding the proceeds of the contract to client Cargill.
• Cargill, Inc. v. Mitchell, 720 N.W.2d 192 (Table) (Iowa App. April 26, 2006). Affirming trial court's decision setting aside a fraudulent conveyance to evade client Cargill's judgment against plaintiff.
• Cargill, Inc. et al v. Thomas J. Miller, Attorney General of the State of Iowa, Case No. 4:06-cv-20 (S.D. Iowa January 19, 2006). Consent Decree between the State of Iowa and client Cargill (and its affiliates) setting aside as unconstitutional Iowa's prohibition against processor ownership of livestock.
• Del-Maur Farms v. Cargill, Inc. et al, No. 4:04-cv-03282 (D. Neb. January 20, 2005). Dismissing plaintiff's Packers and Stockyards Act claim against client Cargill Meat Solutions Corporation.  
• Mid-America Real Estate Co. v. Iowa Realty Co., Inc., 406 F.3d 969, reversing in part 2004 WL 1280895 (S.D. Iowa 2004), U.S. Court of Appeals, 8th Circuit. Defended real estate brokerage exclusive listing program against claims of monopolization and breach of contract. Appeals court vacated preliminary injunction issued by district court. (2005) 
• Next Generation Realty, Inc. v. Iowa Realty Co., Inc., 686 N.W.2d 206, 2004-2 Trade Cases P 74,538 (Iowa 2004).
• Peterson et al v. BASF, 618 N.W.2d 821; 657 N.W.2d 853; 675 N.W.2d 57; 125 S. Ct. 1968; 711 N.W. 2d 470; 127 S. Ct. 579; State of Minnesota, Norman County. Defended nationwide class action under New Jersey Consumer Fraud Act relating to the pricing and marketing of pesticide products (2001 Trial).

Honors

• BTI Consulting Group — BTI Client Service Super All-Star, 2011-12
• Chambers USA: America's Leading Lawyers for Business — Litigation: General Commercial, 2010-11
• Great Plains Super Lawyers^®, 2009-11
• The Best Lawyers in America — First Amendment Law, 1995-2012

Professional Associations

• American Bar Association — Antitrust Section
• Iowa State Bar Association — Trade Regulation Council
• Iowa State Bar Association — Agricultural Law Section
• Kansas State Bar Association — Agricultural Law Section
• Minnesota State Bar Association — Agricultural Law Section
• National Grain and Feed Association (NGFA)
• American Meat Institute (AMI)
• International Food Service Manufacturing Association (IFMA)

Civic Activities

Clerkships

Presentations

• Food Safety Modernization Act
  Food & Beverage Green Tech Asia Conference, Shanghai, China (2011)
• Agricultural Production to Food Consumption: Meeting the Challenges for Sustainable Success
  Food, Agriculture & Biofuels 2010 National Conference (2010)
• Identifying and Managing Counter-Party Risk
  Purdue University Department of Agriculture Economics/Indiana Banker's Association 2009 Ag Clinic
  Stewart Center, Purdue University, West Lafayette, Ind. (2009)

Legal Updates

• When Does a Contract Become Real?
  Feed & Grain (April/May 2009)
• Food Safety in Focus
  Food and Drink Magazine (Summer 2010)