Kathleen E. Dion

Associate

  • Overview

    Biography

    Kate Dion, a member the firm's Litigation Section, focuses her practice on all aspects of civil and criminal litigation. She frequently handles cases related to education, government and internal investigations, and business disputes.

    Education

    Ms. Dion represents private schools, colleges, and universities in a variety of civil matters, such as tuition disputes, allegations of staff misconduct, and Title IX matters.  Ms. Dion has assisted her clients in reaching favorable settlements in several employee misconduct actions. Ms. Dion also successfully represented a university and professor in a defamation claim.

    Investigations and Criminal Defense

    Ms. Dion’s matters have involved her representation of clients who are the subject of government investigations, including inquiries by the Drug Enforcement Agency, Federal Bureau of Investigation, Federal Communications Commission, Office of Inspector General, U.S. Department of Health and Human Services, Internal Revenue Service, state attorneys general, and state and local law enforcement.

    Ms. Dion also assists public and private companies with internal investigations on a variety of matters including financial wrongdoing and regulatory non-compliance.  While investigating the embezzlement of hundreds of thousands of dollars from a health care organization, Ms. Dion obtained a full confession from the former chief financial officer, and helped coordinate with federal agencies, which led to the CFO’s criminal conviction. Ms. Dion has assisted with multiple corporate embezzlement investigations, helping to catch those responsible and recover stolen funds.

    By appointment of a judge in the United States District Court in Connecticut, Ms. Dion represented an indigent defendant facing federal murder charges in a month long jury trial.

    Business Litigation

    Ms. Dion represents clients across the country in a variety of business disputes. Her courtroom experience ranges from federal and state jury trials to arbitrations and appeals. She has handled several class actions involving consumer products, including food, cosmetics, and dietary supplements. Ms. Dion obtained a favorable mid-trial settlement for a defense contractor in a dispute involving allegations of breach of contract and breach of the covenant of good faith and fair dealing.

    Pro Bono

    Ms. Dion has devoted significant time to the representation of pro bono clients. She was part of a group of Robinson+Cole attorneys whose legal assistance ultimately allowed a soup kitchen and food pantry to remain open despite attempts by the local municipality to close them. She participates in the firm’s successful Domestic Violence Restraining Order Program, which provides free legal services to family violence victims. Ms. Dion also successfully argued an appeal before the Second Circuit Court of Appeals for a prisoner on a civil rights claim. She received the firm’s Pro Bono Service Award in 2013.

    Ms. Dion is a member of the firm’s Data Privacy + Security Team, and she regularly contributes to the firm’s Data Privacy + Security Insider publication, writing about Family Educational Rights and Privacy Act and Fourth Amendment issues. She also contributes to the blog Health Law Diagnosis.

    Ms. Dion was selected as a Rising Star to the Connecticut Super Lawyers list in 2016 and 2017. Prior to joining the firm, Ms. Dion served as a law clerk to the Honorable Robert E. Beach of the Connecticut Appellate Court.

  • Experience
    • Experience

      Experience

        Education

      • Represented a religious order against claims arising from alleged sexual abuse of a minor during the early 1970s by a teacher employed at a school run by the order. Claims in this action include negligent hiring, supervision, retention, breach of fiduciary duties, conspiracy, and vicarious liability.

      • Represented well-known, independent, coeducational boarding school in Massachusetts in litigation involving alleged abuse by former faculty member. Worked extensively with Board Chair to expedite resolution of the claim so the school could be spared from protracted litigation.

      • Counseled various educational institutions on issues related to mandatory reporting requirements, disclosure of student records issues, contract disputes, employee misconduct complaints, and other issues.

      • Successfully defended university and professor against claims of defamation for publication of unfavorable research data. The plaintiff abandoned the case prior to filing suit. 

      • Investigations and Criminal Defense

      • Representation of three foundations to investigate embezzlement from the foundations, which were incorporated in three different states. An employee of the foundations’ management company embezzled over $1 million from the foundations collectively by writing fraudulent checks and making fraudulent wire transfers. Representation involved working with a forensic accountant to investigate the extent of the loss, analyzing electronic bank records and computer software, and interviewing the management companies’ employees and the independent auditor’s personnel. Robinson & Cole coordinated the foundations’ reporting of the findings of the investigation to attorneys general offices that oversee the foundations and assisted with the Department of Justice and Secret Service’s investigation and prosecution of the wrongdoer. Robinson & Cole also assisted the foundations in seeking recovery from the management company and the independent auditors.

      • Conducted internal investigation for health care organization arising from embezzlement of several hundred thousand dollars by its chief financial officer. Ultimately, through the investigation, we obtained a full confession from the former CFO and then coordinated with the U.S. Department of Justice, the FBI, and the IRS for a successful criminal conviction of him. Thereafter, we assisted the client organization in obtaining a full recovery of its losses.

      • Assisted in representation of Rhode Island construction company in connection with claims that the company was defrauding the federal government in connection with an ongoing project. After conducting an internal investigation for the company, we worked with the company to prepare a self-disclosure to the federal government demonstrating the isolated nature of the issue and the company's remedial action. In response, the federal government decided to take no action whatsoever against our client.

      • Helped conduct internal investigations for health care, financial services, and educational organizations arising from misuse of the entities' technology by employees, including to access potentially illegal or contraband content or to misappropriate confidential, proprietary information or trade secrets. In some instances, those investigations have required coordination with law enforcement agencies to demonstrate that our client had not engaged in wrongful conduct.

      • Conducted internal investigation for Massachusetts health care organization arising from concerns about potential violations of federal and state anti-kickback statutes. Following the investigation, we represented the organization in a voluntary self-disclosure to federal and state law enforcement authorities arising from the investigation, which resulted in a favorable financial resolution and no prosecution of criminal or civil claim against individuals associated with the organization. 

      • Conducted internal investigation for New York, Connecticut, and Delaware nonprofit foundations in connection with a seven-figure embezzlement by an employee of the foundations' management company. Following the investigation, we brought the findings to the U.S. Department of Justice for successful prosecution and criminal conviction of the former employee. The firm obtained a recovery of nearly all of the foundations' losses from various sources. 

      • Represented individual during all stages of criminal investigation and federal prosecution by United States Attorney’s Office. Obtained favorable non-United States Sentencing Guidelines sentence.

      • Represented Criminal Justice Act client through all stages of federal prosecution by United States Attorney’s Office, including month long jury trial.

      • Represented various clients as targets and witnesses in Internal Revenue Service investigations.

      • Business Litigation

      • Successfully defended entity in arbitration involving multimillion-dollar breach of contract claims. The arbitration concluded after several days of evidence, and the three arbitrators thereafter issued a unanimous award in favor of our client.

      • Assisted with representation of consumer-facing company in joint investigation and lawsuit brought by the Federal Trade Commission and the Connecticut Attorney General's Office regarding nationwide Internet marketing practices. Helped with negotiating a favorable financial resolution and settlement terms for client.

      • Successfully defended national cosmetics manufacturing company in connection with a threatened class action in California. Following a rapid internal investigation and curative measures by our client, the plaintiff abandoned the case.

      • Represented tea company in connection with consumer class action claims in California federal court. The class representative brought claims alleging misleading packaging promoting health benefits of tea products. The case settled after successful dispositive motions.

      • Represented national consumer products company in deceptive practices class action filed in federal court in California. The matter was settled favorably for our client.

      • Obtained mid-trial settlement after cross-examination of opposing party’s primary witness for client in manufacturing-related dispute involving allegations of breach of contract.

      • Successfully defended a manufacturer of nutritional supplements against a proposed nationwide consumer product class action brought in California state court. The manufacturer, which distributes its product worldwide, was facing claims based on allegations that included product mislabeling and unfair trade practices, as well as violations of the California Consumers Legal Remedies Act (CLRA) and California-specific causes of action. We aggressively litigated the case in the early stages, and prior to any discovery production by the defendant or any depositions being conducted, the plaintiff agreed to a voluntarily dismissal with prejudice without any payment from the defendant.

      • back to top
    • Professional Associations

      Professional Associations

      Connecticut Bar Association
      Young Lawyers Section, Executive Committee: co-chair of the Education Committee, former chair of the Federal Practice Committee ,and former co-chair of the Consumer Law Committee

      Oliver Ellsworth American Inn of Court

      American Bar Association

      Massachusetts Bar Association

      Women's White Collar Defense Association
    • Honors + Awards

      Honors + Awards

      Robinson+Cole Pro Bono Service Award Recipient, 2013

      Selected as a Rising Star to the Connecticut Super Lawyers list in 2016 and 2017.

      Connecticut Law Tribune, recognized in 2017 New Leaders in the Law Yearbook

    • Community Involvement

      Community Involvement

      KNOX
      Board of Directors, Secretary (2015 - present)

      Longmeadow Educational Excellence Foundation
      President

      Longmeadow Montessori Internationale
      Chair, Governance Committee
  • NEWS + PRESS
    • Publications

      Publications

      "Escobar Materiality Standard for Implied False Certification Claims Poses Acute FCA Compliance Challenge," published in AHLA Connections, co-authored with Theodore J. Tucci and Conor O. Duffy (September 2017)

      "Administrative Procedures Are Focus of Insurance Case," published in Connecticut Law Tribune, co-authored with Jeffrey J. White (9/14/2015)
      • » more info
      • View article

      "Successor Liability, Retaliation and Sanctions," co-authored with Jeffrey J. White, published in Connecticut Law Tribune, appeared in the special supplement Connecticut Supreme Court Review 2014. The article reviews several Connecticut Supreme Court decisions in 2014 that have an impact on the business community. (9/22/2014)

      "Stay Ahead Of Curve With 'Voluntary Cure'," published in Connecticut Law Tribune, co-authored with Edward J. Heath (9/24/2012)

      "Means Test or Just a Mean Test: An Examination of the Requirement That Converted Chapter 7 Bankruptcy Debtors Comply with Amended Section 707(B)," published in American Bankruptcy Institute Law Review, coauthor (2008)

    • Presentations

      Presentations

      "Defending Campus Sexual Assault Cases," a CLE seminar presented by the Connecticut Bar Association Young Lawyers Section (CBA-YLS) (10/30/2017)
      • » more info

      "Student Speech on Social Media: From Cyberbullying to Campus Protests," co-presented with Kathleen M. Porter, at the Association of Independent Colleges and Universities (AICUM) Fall Symposium 2017 at the College of the Holy Cross in Worcester, Massachusetts (10/6/2017)
      • » more info

      "Responding to Health Care Fraud Investigations—What to Do When the Government Knocks," co-presented with Edward J. Heath, webinar (6/5/2017)
      • » more info

      "The Essentials of Federal Practice," co-presented with Nuala E. Droney and the Honorable Stefan R. Underhill of the U.S. District Court for the District of Connecticut, a CLE program sponsored by the Connecticut Bar Association's Young Lawyers Section (CBA-YLS) in New Britain, Connecticut (3/21/2017)
      • » more info

      "Scandal on Campus and the Modern Day Investigation: Harassment, Sexting, and Avoiding the 'Rabbit Hole'," co-presented with Britt-Marie K. Cole-Johnson, presented at the Association of Independent Colleges and Universities in Massachusetts (AICUM) Fall Symposium, College of the Holy Cross in Worcester, Massachusetts (10/14/2016)
      • » more info

      "Risk Management for Independent Schools: Best Practices & The Board’s Role," presented at the Connecticut Association of Independent Schools Annual Conference on Governance, Hopkins School, New Haven, Connecticut (9/24/2016)

      "Navigating Substantive Legal Development in Health Law Practices," co-presented with Kathryn M. Rattigan and Lorianne M. Sainsbury-Wong of Health Law Advocates in Boston, David Harlow of The Harlow Group in Newton, and Roy J. Watson of the Watson Law Offices in Cambridge (2/10/2016)
      • » more info

      "Responding to the Breaking Crisis: Conducting Internal Investigations in Healthcare Organizations," at Annual Healthcare Leaders Legal Update for the Connecticut Chapter of the Healthcare Financial Management Association (12/5/2014)
      • » more info

      "Education Law: When to Call Outside Counsel," co-presented with Gregory R. Faulkner, Edward J. Heath and Nicole H. Najam, presented to University of Hartford doctoral students in Doctorate in Education Leadership program (7/30/2014)

      "Avoiding Common Legal Pitfalls and Risks," co-presented with Edward J. Heath, presented in collaboration with the Pro Bono Partnership and the Hartford Foundation of Public Giving, described solutions to nightmare nonprofit legal situations (3/9/2012)

    • News

      R+C in the News

      • November 8, 2017

        Kate Dion Speaks at Connecticut Bar Association Young Lawyers Section CLE Seminar

        • » more info
      • October 13, 2017

        Kathleen Porter and Kate Dion Address Student Speech and Social Media at AICUM Symposium

        • » more info
      • September 27, 2017

        Ted Tucci, Kate Dion, and Conor Duffy Co-author Article Published in AHLA Connections

        • » more info
        • View article
      • June 9, 2017

        Robinson+Cole Lawyers Discuss Health Care Fraud Investigations

        • » more info
      • March 31, 2017

        Business Litigation Lawyers Participate in Essentials of Federal Practice at CBA-YLS Session

        • » more info
      • October 20, 2016

        Robinson+Cole Lawyers Present at AICUM Fall Symposium 2016

        • » more info
      • March 8, 2016

        Land Use Lawyers Negotiate Settlement Allowing Soup Kitchen to Remain Open

        • » more info
      • February 3, 2016

        Robinson+Cole Lawyers Present at Annual Central Massachusetts Health Care Symposium

        • » more info
      • November 12, 2015

        Robinson+Cole Hosts Domestic Violence Restraining Order Program for Lawyers

      • October 28, 2015

        Robinson+Cole Lawyers Publish Articles in Connecticut Law Tribune's Connecticut Supreme Court Section

        • » more info
      • September 1, 2015

        Three Hartford Office Lawyers Elected to Executive Committee of CBA's YLS

        • » more info
      • December 2, 2014

        Kate Dion Presents to Connecticut Chapter of HFMA

        • » more info
      • August 18, 2014

        Hartford Lawyers Present Education Law Program to UHart Students

        • » more info
      • May 2, 2013

        Hartford Lawyers Lend Hand to Homeless Individuals Seeking Job Skills

        • » more info
      • January 23, 2013

        Connecticut Law Tribune quotes Robinson & Cole's Pro Bono Work

        • » more info

      R+C News Releases

      • November 27, 2017

        Robinson+Cole Promotes Eight Lawyers to Counsel

      • October 17, 2017

        Robinson+Cole Lawyers Recognized by Super Lawyers®

        • » more info
        • View article
      • October 6, 2017

        Robinson+Cole Lawyers Named “New Leaders in the Law” by the Connecticut Law Tribune

        • » more info
        • View article
      • June 13, 2017

        Robinson+Cole Lawyers Appointed to Connecticut Bar Association Young Lawyers Section Leadership Roles

      • October 18, 2016

        Robinson+Cole Lawyers Recognized by Super Lawyers®

        • » more info
        • View article
      • September 4, 2015

        Kathleen E. Dion Lawyer Elected to KNOX Board of Directors

        • » more info
        • View article
      • November 7, 2013

        Connecticut Legal Services Honors Robinson & Cole for Pro Bono Domestic Violence Restraining Order Program

        • » more info
        • View article
      • June 21, 2013

        Local Organizations Recognize Robinson & Cole’s Pro Bono Service

        • » more info
        • View article
      • May 22, 2013

        Robinson & Cole Lawyers Provide Pro Bono Support to Norwich Soup Kitchen

        • » more info
        • View article
      • April 6, 2011

        Robinson & Cole Welcomes 10 New Attorneys

        • » more info
        • View article
    • Newsletters

      Newsletters

      Second Circuit Delineates Factors for Waiving Supersedes Bond Requirement, published in American Bar Association TIPS Newsletter (Fall 2015)

      Data Privacy + Security Insider, co-authored with Kathryn M. Rattigan, Linn F. Freedman and Andrea Donovan Napp (04/02/2015)