They’ve Got Next: The 40 Under 40 - Kate Cahoy of Covington & Burling

Kate Cahoy

Age: 37

Law Firm: Covington & Burling

Practice Area: Antitrust & Privacy

Title: Partner

Location: Palo Alto, Calif.

Law School: Yale Law School

Please describe two of your most substantial, recent wins in practice.

I co-led a team of Covington lawyers representing Microsoft to secure dismissal of a putative class action contending that OpenAI’s training of ChatGPT and other generative AI services using public data from the internet violated the plaintiffs’ privacy and property rights. The suit was one of the first generative AI privacy class actions filed. Not only was this case a win for Microsoft, but it set legal precedent that was used to dismiss a similar case against Google.

I also co-led a team of Covington lawyers preserving a Ninth Circuit victory for the National Football League over a challenge by Oakland to the Raiders’ relocation. After obtaining a major victory for the National Football League when the Ninth Circuit affirmed the dismissal with prejudice of Oakland’s antitrust challenge to the Raiders’ relocation to Las Vegas, Oakland filed a petition for writ of certiorari with the Supreme Court.

The Covington team collaborated with co-counsel to maximize the odds of cert. denial based on knowledge of Supreme Court processes; antitrust expertise; and appellate insights to emphasize inappropriateness of the case for review. Just a few days after the conference, the Supreme Court denied Oakland’s petition, solidifying the NFL’s Ninth Circuit victory.

What is the most important lesson you learned as a first-year attorney and how does it inform your practice today?

I learned the importance of proposing solutions, not just identifying problems. Law school teaches you to be good at issue spotting, but in the practice of law, taking that next step of finding a path forward is how we provide value.

How do you define success in your practice?

Results, of course matter, but much of the work we do will never end up in a headline or article. To me, success in my practice is building relationships with clients over the years and having the opportunity to help them craft novel solutions to issues and challenges that don’t have a clear road map or an easy answer.

What are you most proud of as a lawyer?

I am proud of the work we did in partnership with NVLSP [National Veterans Legal Services Program] to achieve class certification for injunctive relief to help address needless delay in the veterans’ benefits appeals process.

Who is your greatest mentor in the law and what have they taught you?

I have been fortunate to have several important mentors throughout my career and to have learned from them in many ways over the years. One overarching theme is a commitment to excellence and the notion that we all can do that and be effective in our own way and style.

Tell us your two favorite songs on your summer music playlist.
“Good News” by Shaboozey and “Take Me To the Beach” by Imagine Dragons.

Kate Cahoy of Covington and husband rock climbing in Alaska.

Photo Illustration: Jonathan Hurtarte/Bloomberg Law; Photo courtesy of Kate Cahoy