Karen, a member of the Financial Services & Capital Markets group, focuses her practice in the area of trust, estate and fiduciary disputes, representing individual and corporate trustees or beneficiaries in complex controversies involving claims of breach of fiduciary duty; fraud; conflicts of interest; lack of capacity and undue influence; the construction of estate planning documents such as trusts, wills and powers of attorney; and the defense of claims arising under the Employee Retirement Income Security Act (ERISA).
Karen also handles a variety of business and commercial matters for closely held business clients, including Uniform Commercial Code, breach of contract and warranty disputes, fraud and other business torts, and post-merger litigation. She has extensive experience in all phases of the litigation process, including injunctions, litigation strategy and management, mediation and trial. Karen also counsels and educates business clients on litigation avoidance and risk management, and contract negotiation and contracting.
Professional Associations and Memberships
- American Bar Association
- State Bar of Wisconsin
- American Inns of Court
- Milwaukee Bar Association, Judicial Selection Committee
- Eastern District of Wisconsin Bar Association, Board of Directors
- Association for Women Lawyers, Litigation Discussion Group - Past Chair
- ALFA International, Women's Initiative Practice Group - Member, Business Litigation Practice Group -Vice Chair
Awards and Recognitions
- The Best Lawyers in America, Commercial Litigation, 2016-2018
- Wisconsin Super Lawyers, 2016-2017
- Wisconsin Law Journal’s 2015 Women in the Law Award
- Martindale-Hubbell AV Preeminent
Civic Involvement
- Friends of Problem Solving Courts of Milwaukee County, Advisory Board
- Children's Hospital of Wisconsin, Inc. Guardianship Clinic, volunteer attorney
- Board of United Methodist Children's Services, Inc., Past President
- Board of the Wisconsin Equal Justice Fund, Member and Past President
Experience
Trust, Estate and Fiduciary Matters
- Advised institutional trustees in disputes involving the construction of estate planning documents.
- Represented individual trustees in contested proceedings involving claims of fiduciary duty, fraud and conflicts of interest brought by trust beneficiaries.
- Defended proponents of a will in a contest prosecuted by a previously named beneficiary of a testamentary charitable remainder trust involving complex issues of testamentary capacity, undue influence and standing.
- Represented the beneficiary of an estate in litigation with sibling to recover property for the estate and to have interests in a family limited partnership redeemed.
- Advised trust beneficiaries in probate proceedings involving claims of breach of fiduciary duty and breach of contract.
- Counseled individual and institutional creditors in probate proceedings.
- Represented a surviving spouse in classification proceedings brought by estate of deceased spouse, involving forensic accounting to trace rights in stock and interests in retirement plan assets.
- Represented individuals in intra-family disputes concerning elder abuse allegations.
- Defended a closely held company against claims arising under the Uniform Fiduciaries Act.
- Represented the remainder beneficiary of a marital trust in claims against the individual trustee.
Business and Commercial Matters
- Defended distributor of power generation systems against multimillion-dollar breach of warranty and indemnification claims.
- Advised developer and operator of national fast-casual restaurants in multiparty real estate dispute involving the applicability and enforcement of restrictive use agreements.
- Represented a manufacturer and distributor of agricultural products against product defect and warranty claims in putative class action.
- Counseled an agricultural machinery manufacturer in subrogation action and prosecuted breach of contract and warranty counterclaims against component manufacturer.
- Represented an industrial air pollution control systems company in a variety of commercial and business matters, including noncompetition and nondisclosure agreements, and subcontractor risk assessment relating to multiparty construction projects.
- Advised a designer and installer of warehouse distribution systems in a variety of commercial and business matters.
- Represented closely held long-term healthcare company in litigation arising from foodborne illness outbreak at a long-term care facility.
- Advised financial institution in commercial foreclosure litigation.
- Counseled industrial radiator manufacturer on third-party contracting and post-asset purchase issues.