Press Release

Thompson Hine Expands Washington, D.C. Office with Addition of Former PBGC and FDA Lawyers

Issued by Thompson Hine LLP

Aug. 8, 2023

Thompson Hine LLP, a full-service business law firm with eight U.S. offices, continues to grow its Washington, D.C. office, adding eight lawyers in strategic areas over the past year. The most recent additions include former government lawyers Katherine B. Kohn, who was an attorney at the Pension Benefit Guaranty Corporation and a recognized industry leader in PBGC matters, and James C. Fraser, who served as the FDA’s Associate Chief Counsel for Litigation and is a highly experienced pharmaceutical product liability litigator.

Kohn joins as a partner from Groom Law Group, where she advised on qualified and nonqualified retirement plans, multiemployer plans, and health plans, particularly in the context of bankruptcies, M&A, and corporate planning. She counsels clients on practical and valuable solutions related to plan mergers and spinoffs, pension plan de-risking transactions, plan terminations, plan corrections, overfunded plans, and corporate transactions and reorganizations involving retirement and health plans. She also advises on multiemployer plan issues, including withdrawal liability and benefits litigation. With a strong litigation background, Kohn represents clients in federal court and arbitrations in matters involving corporate and multiemployer benefit plans, benefits litigation, ERISA preemption, and actuarial malpractice claims. She also represents clients in Department of Labor, Internal Revenue Service, and PBGC investigations.

“I was impressed with Thompson Hine’s EBEC practice, which is well-regarded both within the firm and externally.” She noted that the firm’s lawyers are extremely involved in the industry – participating on industry committees, talking to regulators and helping to craft regulations. “I am most excited about the firm’s innovative and unique service delivery model. My clients are data- and value-driven and I know they will welcome the firm’s dedication to innovation and its vast resources for transparency, predictability, and efficiency.”

Kohn previously spent five years in the PBGC Office of Chief Counsel, where she was recognized for her experience with PBGC’s Early Warning Program, PBGC reportable events, distress and standard termination proceedings, and termination litigation. She represented the agency in federal court, including as lead litigation counsel in bankruptcies and civil actions and as counsel with respect to Title IV issues and general bankruptcy matters. She investigated pension plan sponsors, analyzed transactions for fiduciary breaches, and negotiated with plan sponsors for financial protection for pension plans in advance of major corporate transactions.

“Katie’s PBGC investigations and reporting experience is an invaluable resource to our clients who are navigating evolving government regulations,” said Chip Purcell, Jr. who leads the Washington office. “She remains connected to government rulemaking and is proactive in advising clients on what the regulators are thinking and doing and how these changes will impact her clients’ retirement plans.”

Kohn joins at a key time in the retirement space, assisting clients with implementing changes for SECURE 2.0 and working with regulators to interpret the guidance. Similarly, Fraser joins at a key time in the FDA space, as Congress has recently enacted significant reforms to FDA’s authorities over drugs, medical devices, and cosmetics, and FDA has increased its inspectional and enforcement activities.

Fraser, who joins the firm as senior counsel from Greenburg Traurig, brings nearly two decades of experience in FDA-related matters to bolster the firm’s Life Sciences and Product Liability Litigation practices. He represents clients who manufacture or distribute FDA-regulated products, including foods, dietary supplements, drugs, biologics, veterinary medicines, cosmetics, medical devices, radiation-emitting devices, and tobacco products, with a focus on product approvals, labeling and current good manufacturing practice (cGMP) requirements, regulatory due diligence for M&A transactions, and product liability litigation.

Fraser’s prior experience includes five years in the FDA Office of the Chief Counsel, where his work included defending the agency against Administrative Procedure Act challenges to decisions regarding regulated products; bringing civil enforcement actions against FDA-regulated companies for violations of the Food, Drug, and Cosmetic Act; and drafting amicus curiae and other filings advocating FDA’s positions of federal preemption and preclusion.

Fraser also spent 13 years in the product liability groups of two other large law firms, where he defended pharmaceutical and medical device companies in product liability and mass tort litigation throughout the United States.

“I am thrilled to join Thompson Hine,” said Fraser. “I look forward to using my extensive FDA experience and knowledge to complement the services provided by the firm’s Life Sciences, Product Liability Litigation, and other practices, including its growing national New Ventures practice.”

“Very few lawyers offer Jim’s combination of government experience as an attorney in the FDA Office of the Chief Counsel and extensive private-practice experience representing clients in civil litigation,” said Purcell. “He has a unique and valuable insider’s insight that enables him to offer clients informed advice on FDA regulatory issues and effectively represent them in related litigation when necessary.”

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