Kali Wilson Beyah

Kali Wilson Beyah

Kali Wilson Beyah focuses her practice on the defense of consumer class actions and claims arising out of complex business transactions. She is a member of the Firm's eDiscovery, Complex Business Litigation and International Arbitration Teams. Ms. Beyah has experience in federal courts in the 4th, 9th and 11th Circuits, the state courts of Georgia, and proceedings before the International Chamber of Commerce arbitration panels.

Selected Experience

Ms. Beyah represents a wide range of clients, including Equifax and Harley-Davidson in consumer class action lawsuits across the United States:

· White v. Experian Information Solutions, Inc., et al., 05-CV-1070 (C.D. Ca.), consolidated with Hernandez v. Equifax Information Services LLC (C.D. Ca.): In this putative class action, Plaintiffs allege that the Firm's client, Equifax, and the other two national credit reporting agencies (Experian and TransUnion) violated the Fair Credit Reporting Act by, inter alia, failing to accurately report debts that were discharged in Chapter 7 bankruptcy proceedings. Plaintiffs, who are represented by several counsel, sought the certification of a nationwide class consisting of consumers who received a Chapter 7 discharge and who had one or more of their pre-petition debts reported in a manner that was inconsistent with a Chapter 7 discharge. The case was actively litigated for nearly three years. In January 2009, the district court issued a tentative decision denying Plaintiffs' motion for class certification. The case settled shortly thereafter. The settlement has received preliminary approval and a final approval hearing is scheduled for November 2009.

· Harris v. Equifax Information Services LLC, 06-CV-1810 (D.S.C.): In this case, the Plaintiff alleged that Equifax violated the FCRA by failing to report credit limit information regarding Plaintiff's Capital One credit card account. Similar lawsuits were brought against Experian and TransUnion. The matter was actively litigated for over two years. In May 2008, the Court granted Plaintiff's request for certification of a regional class, but denied Plaintiff's request for certification of a nationwide class action. In addition, the Court later clarified its class certification ruling in a manner that we believe made it much more difficult for Plaintiff to establish liability. Equifax's Motion for Summary Judgment on all of Plaintiff's claims was granted in June 2009.

· Griffin v. Eaglemark Savings Bank and Harley Davidson Credit Corp., 08-CV-466 (D.S.C): In this putative class action, Plaintiff purchased a Harley-Davidson motorcycle and obtained financing from Eaglemark Savings Bank ("ESB"). ESB assigned the loan to Harley-Davidson Credit Corp. ("HDCC"). Plaintiff defaulted on the loan and was assessed late fees and repossession expenses by HDCC. Plaintiff contends that those late fees and repossession expenses violate the South Carolina Consumer Protection Code and seeks certification of a class consisting of consumers residing in South Carolina who were charged such fees. The district court granted summary judgment on all claims against ESB, and Plaintiff voluntarily dismissed the majority of his claims against HDCC. The parties are now engaged in class certification discovery on Plaintiff's remaining claim against HDCC.

· Premium Mortgage Corp. v. Equifax Information Services, et al.; United States District Court for the Western District of New York; Civil Action No.: 07-cv-6349. In this putative class action, the plaintiff, a mortgage broker, alleges that a subsidiary of Equifax Inc. misappropriated trade secrets belonging to it and other mortgage brokers around the country. The Plaintiff seeks certification of a nationwide class. The Court granted Equifax's Motion to Dismiss on preemption grounds. The case is currently on appeal to the Second Circuit Court of Appeals.

Publications, Articles and Speeches

Ms. Beyah has been a CLE speaker and publishes regularly in seminars and publications focusing on litigation practice issues, including class action issues and electronic discovery under the eDiscovery Amendments to the Federal Rules of Civil Procedure. Her recent papers and presentations include:

· "Issue Spotlight: A Look at Creative Notice Procedures in Rule 23(b) (3) Class Actions," published in the American Bar Association's Section of Litigation Newsletter, Winter/Spring 2008.

· "Settling the Class Action," published in ICLE 2007 Class Actions Materials.

· "eDiscovery The First Year: Settled and Emerging Issues," published in ICLE 2007 eDiscovery Materials.

· "Recent Developments Under the Class Action Fairness Act," published in ICLE 2006 Class Actions Materials.

· "What to Expect from the Class Action Fairness Act," published in GAWL 2005 CLE Symposium Materials.

· "Eleventh Circuit Holds Waiver of Class Action in Arbitration Clause Is Unconscionable and Unenforcable," September 10, 2007 Legal Alert

Background

· Named one of Atlanta Business Chronicle's 40 Under 40 in 2007.

· Bleckley Inn of Court, Barrister.

· Appointed to the Georgia Commission on Access and Fairness in the Courts.

· 2006 Graduate of L.E.A.D. Atlanta.

· Member of the United Way African American Partnership Board.

· One of ten people honored as an Outstanding Young Person of Atlanta, based on community service.

· One of 2.5% of Georgia's attorneys honored as a "Rising Star" by Georgia Super Lawyers, 2005-present.

· Previously served on the Georgia Bar Diversity Program Steering Committee, the Board of the Georgia Association of Women Lawyers and the Georgia High School Mock Trial Competition Planning Board.

· Atlanta Women's Foundation Donor and 2007 Destiny Fund Graduate.

· Involved in the Junior League of Atlanta and the Atlanta Suburban Chapter of Delta Sigma Theta Sorority, Inc.

· Alumni of United Way VIP Program.