Kai Peters is a partner specializing in acting as outside general counsel for businesses on a broad range of corporate, commercial and litigation matters, and in representing businesses in simple and complex litigation.
Kai has significant experience in litigation, including product liability, mass torts, class actions, breach of contract, and business disputes. He has a particular emphasis in complex commercial litigation representing pharmaceutical, medical device, and other FDA-regulated companies, solar companies, and hi-tech and new media companies. Kai acts as national and local litigation counsel for companies of all sizes in state and federal courts, including in MDL’s and in coordinated proceedings. He has recovered significant sums in breach of contract matters as well. He also advises corporate clients in the area of avoidance of potential liability and litigation, from training and organization of sales representatives to the form and content of internal and external documents.
Kai has extensive experience in all phases of litigation, including the initial phases of litigation; development and preparation of witnesses for testimony; depositions of experts and company witnesses of all backgrounds (including special emphasis on working with sales representatives, regulatory employees, and company executives); analysis and development of defenses, including those based on medical and scientific causation issues, labeling, and preemption; motion practice; written discovery; major document organization and review (including e-discovery); summary judgment motions; alternative dispute resolution including mediation; evaluation of cases with experts; and the trial phase.
As outside general counsel, Kai advises clients of all sizes in a variety of business matters, including:
- Entity formation and business liability protection;
- Contract drafting, review, and negotiation, including service, purchase and sale, licensing, lease, distribution, co-marketing, executive employment, independent contractor, loan, and clinical trial agreements;
- Non-disclosure, confidentiality, and invention agreements;
- Clinical trial agreements – drafting, negotiation, informed consents, and regulatory consulting – including review of FDA submissions;
- Intellectual property and trade secret protection;
- Legal advice on operations, business strategy, and risk avoidance;
- Privacy policies and terms of use for websites;
- Pre-litigation business dispute resolution;
- Reorganizations, conversions, and acquisitions.
Kai is an Adjunct Professor of Law for University of California College of the Law, San Francisco (formerly known as University of California, Hastings College of the Law), currently teaching a course entitled “Practical Civil Litigation.”
Kai is frequently quoted in legal and industry publications, including extensive comments in the Daily Journal, and presents at conferences nation-wide.
Admissions
- California
- U.S. District Court, Northern, Central, Eastern, and Southern Districts of California
- U.S. Court of Appeal, Sixth Circuit and Ninth Circuit
- U.S. Supreme Court
Memberships
- Food Drug & Law Institute (FDLI) Medical Device Committee (Washington D.C. chapter), Member
- Defense Research Institute, Member
Community Involvement
Kai enjoys triathlons and has competed in Ironman competitions nationally and internationally, achieved All-American honors, and competed in the Hawaii Ironman for many years. He volunteers his time to USA Triathlon as a member of its legal committee and acts as lead judge or judge in USAT Hearings and Appeals matters.
Kai has also acted as a judge in 2012 and 2013 at a start-up competition for Central California involving hundreds of start-up companies.