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Kimberly M. Hare

Of Counsel

 Kimberly brings firsthand knowledge to the compliance, regulatory and investigative issues of her clients.

Kimberly focuses her practice on white collar and employment litigation and investigations. She is an experienced trial attorney having tried over 25 jury trials to verdict.

Before joining Kutak Rock, Kimberly served for eight years as an Assistant U.S. Attorney, in three judicial districts. During her years of service with the United States Department of Justice, Kimberly led numerous investigations by the Federal Bureau of Investigation, the Internal Revenue Service, the Federal Deposit Insurance Corporation, the Office of Investigations for the United States Department of Health and Human Services, the Department of Homeland Security, Immigration and Customs Enforcement, the Drug Enforcement Agency, and the Bureau of Alcohol, Tobacco and Firearms. Kimberly successfully prosecuted numerous white-collar cases, including cases involving securities fraud, wire fraud, mail fraud, bank fraud, and Medicare fraud. She received both the Director’s Award for Superior Performance from the Department of Justice, due to her proactive prosecutions, and the FBI Director’s Award for Excellence.

Since joining Kutak Rock, Kimberly has expanded her civil practice beyond parallel proceedings and commercial litigation to employment litigation. Kimberly has represented employers against discrimination, harassment, retaliation, wrongful discharge and breach of contract claims under state and federal law, including Title VII, the ADEA, the FMLA, the ADA and other statutes. She has utilized her extensive investigative experience to conduct internal investigations into employment related matters and to advise clients on ways to avoid potential liability.

Internal Investigations

 Kim is regularly retained by companies, boards of directors, audit committees and general counsel to conduct internal investigations. Representative matters include:

  • Led an internal investigation on behalf of a privately held company into allegations that a company founder had violated import/export laws;
  • Led an internal investigation on behalf of a bank into allegations of fraud in its internal audit department;
  • Led an internal investigation into possible securities violations for EB5 project.

Litigation

Kim defends companies and senior executives on a wide range of white-collar criminal, civil and parallel matters. Kim also uses her litigation experience to defend companies in employment litigation. Representative matters include:

  • Represented a former COO of a national bank in a multi-year investigation and prosecution on charges that he conspired with other bank executives to commit securities fraud and wire fraud;
  • Represented company in a multi-year antitrust criminal investigation and parallel civil multi-district class action litigation involving over 100 suits. Successfully resolved all litigation with no criminal charges;
  • Represented a foreign national in a Department of Justice investigation into diesel emission rigging;
  • Represented a hospital in a false claims act matter and successfully negotiated non-criminal resolution;
  • Obtained dismissal in favor of company sued in state court for breach of contract and other claims.
Government Service
  • Judicial Law Clerk for Honorable Mary. H. Murguia, U.S. District Court, District of Arizona, 2001-2002
  • Assistant U.S. Attorney, District of Arizona, 2002-2008
  • Assistant U.S. Attorney, District of Kansas, 2008-2009
  • Assistant U.S. Attorney, District of Minnesota, 2010-2012
Other Distinctions
  • U.S. Department of Justice, Executive Office of U.S. Attorneys Director’s Award
  • Federal Bureau of Investigation, Director’s Award