Kim Walker leads Faegre Baker Daniels' international food and agriculture industry team and focuses his practice in the food, agribusiness litigation and antitrust areas. He is also a leader in the firm's food litigation and regulatory practice, which was nationally ranked in Chambers USA in 2012 and 2013.
In his leadership role for the firm and its clients, Kim works out of the Des Moines, Minneapolis and Silicon Valley offices. He represents and manages the firm's relationships for clients such as Cargill, Hormel Foods Corporation, Wells Enterprises (Blue Bunny), the International Foodservice Manufacturers Association, Musco Sports Lighting, Inc. and Iowa Realty.
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
For his client focus and commitment, Kim was named a BTI Client Service Super All-Star for 2014, the fourth consecutive 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.
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 and internationally. He is listed as a crisis team contact for antitrust/PSA issues on the list of external legal resources for the American Meat Institute. He has given presentations in China, including speaking at the 2011 Food & Beverage Conference on food safety to more than 200 food company representatives. He also traveled to China in March 2012 as a participant on the USDA Agribusiness Trade Mission and gave a presentation on strategies for expanding business in China. Kim also spoke recently in Brazil for the Food and Drug Law Institute on food law and regulation, and is outside general counsel for the International Foodservice Manufacturer's Association.
Kim has various leadership roles in the firm, including:
- As the leader of the firm's national food and agriculture industry team of more than 150 lawyers, Kim chaired the firm's national conferences on food and agriculture held in 2010, 2012 and 2014
- A founding partner of the firm's Des Moines office in 1990
- Leader in the firm's Silicon Valley office opened in July 2013
Kim is also instrumental in firm leadership in the areas of diversity and inclusion.
Recent Representative Cases
- Golden Circle d/b/a Keller Williams Realty, Inc. v. Iowa Realty, Inc. (Iowa) (currently pending). Leading defense of tort and defamation claims arising under a dispute about commission agreements between real estate brokerages.
- American Home Assur. Co. v. Greater Omaha Packing Company, Inc., WL 1344487 (D. Nebraska, September 29, 2014). Obtained $9 million jury verdict in favor of client Cargill following three-week trial arising out of supplier's breach of contract and warranties in connection with 2007 sale of beef contaminated with E. coli O157:H7. Obtained summary judgment as to supplier's $16.3 million counterclaim, asserting interference with contractual relationships, arising out of 2009 New York Times article.
- Burford, et al. v. Cargill, Incorporated (W.D. Louisiana). Led the firm's legal team in the successful settlement of a national class action brought in 2007 by 40 named plaintiffs on behalf of over 12,000 potential class members, alleging that dairy feed contained inappropriate ingredients to maximize milk production, causing damages in excess of $1 billion dollars. Final approval by the Louisiana federal court of the class settlement took place in late 2012, which included a fund of $27.5 million dollars and the implementation of notice to customers of Cargill's nutrient-based feed formulation system.
- Habyarimana, et al. v. Kagame, et al. (S.D. Iowa). Represented two administrators of William Penn University against allegations that they conspired with the President of Rwanda to cover up the assassinations of other foreign officials, in violation of international law, RICO, the Alien Tort Claims Act and other laws. In conjunction with counsel for the President of Rwanda, a complete dismissal of all such claims was awarded on February 6, 2013.
- 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).
- Adams, et al. v. United States, DuPont, et al., Case No. 4:03-cv-00049-BLW (D. Idaho). 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. Nebraska, 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, Eighth 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).
- AV Preeminent Rating, Martindale-Hubbell, 1980-2015 (35 consecutive years)
- BTI Consulting Group — BTI Client Service Super All-Star, 2011-14
- Chambers USA: America's Leading Lawyers for Business — Litigation: General Commercial, 2010-14
- Great Plains Super Lawyers® — General Litigation, 2009-12, 2014 (Top 10 Iowa Lawyers, 2014)
- The Best Lawyers in America — First Amendment Law, 1995-2014, Land Use and Zoning Litigation, 2014
- American Bar Association — Antitrust Section, Agriculture and Food Committee; Editorial Board, Agriculture and Food Industries Handbook
- Iowa State Bar Association — Trade Regulation Council; 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)
- Twin Cities Diversity in Practice — Marketing Committee
- Des Moines Playhouse — Board of Directors (Co-Chair of Capital Campaign)
- U.S. District Court, Southern District of Iowa, Hon. William C. Stuart, 1979-81
- Food Recalls & Facility Inspections in the Post-FSMA World
Food Processing Expo 2014, Sacramento, California, February 2014
- Update on State Food Labeling Laws: How GMO Labeling Initiatives Impact your Business Strategies
3rd Advanced Regulatory Compliance Summit on Food & Beverage Marketing and Advertising, Washington D.C., July 2013
- It's Not Agribusiness as Usual: How to Prepare for New Food Safety Regulations That Will Change the Industry
Panel Discussion Co-facilitator, Food & Agribusiness Executive Forum, Wells Fargo and Faegre Baker Daniels, September 26, 2012
- Food Law Regulation and Policy in the U.S. and Brazil
U.S. & Brazil: Navigating New Frontiers in Pharmaceutical, Medical Device and Food Law and Regulation, Food and Drug Institute, Sao Paulo, Brazil, September 10-11, 2012
- Core Strategies for Expansion in China
USDA Trade Mission, Shanghai, China, 2012
- 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
- Brazil Rising: Navigating Food Regulations in Latin America's Largest Economy
Co-author, Food & Drink, Fall/Winter 2012
- China's New Food Safety Initiatives
Food Processing, August 2012
- When Does a Contract Become Real?
Feed & Grain, April/May 2009
- Food Safety in Focus
Food and Drink Magazine, Summer 2010