Holly A. Dyer

Holly A. Dyer

Partner

Wichita

1551 N Waterfront Pkwy #100
Wichita, KS 67206

T: 316.291.9773
F: 866.738.3157

hdyer@foulston.com

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Profile
Ms. Dyer practices in the areas of commercial, complex, and general litigation. Her litigation experience includes multiple jury trials and administrative proceedings involving a wide array of subjects including trade secrets, business torts, commercial transactions, contract disputes, noncompetition clauses, consumer protection, personal injury, professional malpractice, and employment-related matters. Ms. Dyer has been selected by her peers for inclusion in the Missouri & Kansas Super Lawyers® list and The Best Lawyers in America© for her work in the areas of commercial litigation, professional malpractice law, medical malpractice law, and personal injury litigation. Benchmark Litigation has named Ms. Dyer a Kansas “Litigation Star” since 2013 and one of the Top 250 Women in Litigation in the United States in 2013, 2016, and 2017.
 
Ms. Dyer has served as President of the Wichita Bar Association and is a member of the Wichita Bar Association’s Ethics and Grievance Committee. Ms. Dyer also serves on the firm’s Ethics Committee. She is a member of the American Law Institute, Sedona Conference Working Groups 1 (ESI) and 12 (Trade Secrets), and the Defense Research Institute (DRI).

Education

  • University of Kansas (J.D., 1994)
    Order of the Coif; Articles Editor - Kansas Law Review; Samuel Mellinger Leadership Award
  • Wichita State University (B.A. in Journalism, 1988)
    magna cum laude

Admissions

  • Kansas (1994)
Relevant Experience
  • Won a jury trial in favor of manufacturer damaged by former employees’ and competitor’s tortious interference and breach of nondisclosure agreements with award of $5.452 million in compensatory and punitive damages. Aeroflex Wichita, Inc. v. Filardo, et al., 09-cv-1141 (18th Judicial District, Sedgwick County) (appeal anticipated).
  • Won a jury trial in favor of neurosurgeon in a dispute with former practice involving breach of contract and tortious interference claims. Abay v. Abay Neuroscience Center, L.L.C., Case No. 109,876, 2015 WL 1122961 (Kan. Ct. App., Mar. 6, 2015).
  • Won injunction, default judgment, and subsequent appeal in favor of national church in dispute with local congregants over ownership of church property. Church of God in Christ, Inc. v. Board of Trustees of Emmanuel Church of God in Christ, Wichita, Kan., 47 Kan. App. 2d 674, 280 P.3d 795 (2012).
  • Successful administrative agency appeal by community colleges involving application and constitutionality of complex funding scheme for career technical education. Dodge City Community College v. Kansas Board of Regents, 2009-C-1046 (3d Judicial District, Shawnee County).
  • Won summary judgment and subsequent appeal in favor of developmental services provider in wrongful death action. Berthelson v. Developmental Services of Northwest Kansas, Case No. 95,274, 2006 WL 3774332 (Kan. Ct. App. Dec. 22, 2006).
  • Won judgment in favor of air ambulance medical director in medical negligence claim involving death of patient following air transport from rural hospital to tertiary care facility. Garcia v. Estate of Arribas, et al., Civil Action No. 04-1159-MLB (D. Kan.).
  • Won summary judgment and subsequent appeal in consumer protection class action in favor of major printer and ink cartridge manufacturer. Cole v. Hewlett Packard, Case No. 90,164, 2004 WL 376471 (Kan. Ct. App. Feb 27, 2004) (per curiam).
  • Won nine-week jury trial in favor of anesthesiologist in birth injury medical negligence action. Haley v. Yoon, No. 03 CV 609 (18th Judicial District, Sedgwick County).
  • Won summary judgment and subsequent appeal in favor of mortuary and funeral director in action claiming negligent and intentional mishandling of a dead body. Ely v. Hitchcock, 30 Kan. App. 2d 1276, 58 P.3d 116 (2002).
  • Won jury appeal in favor of pediatric intensivist in medical negligence claim involving brain-damaged child. Irvin v. Smith, 272 Kan. 112, 31 P.3d 934 (2001).
  • Successful defense of national corporation in complex trade secret litigation arising from federal targeted jobs tax credits program.
Professional Memberships, Affiliations, and Honors
  • Wichita Business Journal Women in Business honoree, 2015
  • The American Law Institute Member, 2016 - present
  • Selected by peers for inclusion in The Best Lawyers in America© in the areas of Commercial Litigation, Medical Malpractice Law – Defendants, Personal Injury Litigation – Defendants, and Professional Malpractice Law – Defendants, 2011 - 2019
  • Selected for inclusion in Missouri & Kansas Super Lawyers® List , 2012-2017 (a Thomson Reuters business)
  • Named by Benchmark Litigation in 2012, 2013, 2014 & 2015 as one of the Top 250 Women in Litigation in the United States
  • Named by Benchmark Litigation - Local Litigation Star, General Commercial, Insurance, Professional Malpractice, and Securities, 2016; General Commercial and Insurance, 2014 & 2015; General Commercial, Insurance, and Professional Malpractice, 2013 & 2018
  • The Sedona Conference, Working Group 1: Electronic Document Retention & Production, Member; Drafting Team, ESI Evidence & Admissibility Commentary, 2018-present; Working Group 12: Trade Secrets, Member
  • University of Kansas Law School Board of Governors, 2008-11
  • American Bar Association
  • Kansas Bar Association Health Law Section - President 2006-07; 2010 KBA Annual Meeting Task Force, Chair; 2007 KBA Annual Meeting Task Force, Member
  • Wichita Bar Association, President, 2015-2016; Vice President, 2013-2014; Elected Member of Board of Governors, 2008-2010; Awards Committee, 2008; Civil Practice Committee, Chair, 2009-2011; Ethics and Grievance Committee, Member, 2009-present; Law in Education Committee, Chair, 2005-08; Professional Diversity Committee, former Member and Chair; helped develop “Grow Your Own Lawyer” program for high school students interested in becoming lawyers; WBA President's Award, 2007
  • Kansas Bar Foundation Board of Trustees, District 7 Trustee, 2010-present
  • Kansas Association of Defense Counsel
  • Defense Research Institute
  • Wesley E. Brown American Inn of Court Member, 2008 - Present
  • Kansas Women Attorneys Association
  • Wichita Women Attorneys Association Member, former CLE Chair
Presentations

2018

  • From Sedona to the Federal Rules, What's New in the World of ESI and "Regular" Discovery? (Foulston Siefkin LLP, Corporate Counsel Series: Litigation 2018)
  • Law Clerks Nuts and Bolts: Making the Summer a Success (Wichita Bar Association, CLE)
  • Business Torts and Competition: Playing Nice, or at Least Playing by the Rules (Wichita Bar Association, Civil Practice CLE)

2017

  • Roundup of Current Ethics Issues and Cases - Federal, State and Local (Foulston Siefkin Ethics Seminar for Corporate Counsel)

2016

  • Social Media and Technology (Wichita Women Attorneys Association)
  • Technological Competence: Legal Ethics in the Digital Age (Kansas Association of School Boards Kansas School Attorneys' Meeting)

2015

  • How to Be an Awesome Second Chair at Trial (Kansas Association of Defense Counsel 36th Annual Conference)
  • You Asked for It! A Review of What's New on Frequently Requested Topics and Other Current Issues (Foulston Siefkin, Ethics Seminar for Corporate Counsel)

2014

  • Setting the Foundation: Tips and Strategies for Being an Effective Second Chair (Kansas Association of Defense Counsel, Annual Meeting CLE)
  • All the Ethics News That’ll Fit in 50 Minutes (Foulston Siefkin LLP, Ethics Seminar for Corporate Counsel)

2013

  • Success as Women Lawyers: Strategies for the Long Road (Wichita Women Attorneys Association, Panel Discussion - Moderator)
  • Knowing What You Don't Know: The Challenge of Complying with Rule 1.1's Technology Competence Requirement (Foulston Siefkin, Ethics Seminar for Corporate Counsel)

2012

  • Basic Civil Practice 101 (Wichita Bar Association, Continuing Legal Education Seminar)
  • Litigation and Technology: Trial and Tribulations (Kansas Association of Defense Counsel, 34th Annual Conference)

2010

  • Legal Ethics in Everyday Practice (Kansas Association of Legal Assistants, Annual Meeting)
  • Legal Ethics in Everyday Practice (National Business Institute, Seminar)
  • Immigration, Deemed Exports, and Other Employment-Related Issues that Sponsors and Principal Investigators Need to Understand (Foulston Siefkin Regional Bioscience Law Conference)

2009

  • Engaging Counsel and the Scope of Conflict, Inquiries and Waivers (Foulston Siefkin Kansas Ethics Seminar)
  • Annuities and Their Admissibility at Trial (Wichita Bar Association Continuing Legal Education)
Community Involvement
  • Wichita State University Alumni Association, Board of Directors, 2011-2016
    • Executive Committee, Chair, Membership and Volunteer Recruitment, 2013-2016
    • Alumni Association President / CEO Search Committee, 2014
    • Wichita State University Strategic Planning Steering Committee, Alumni Association representative, 2012-2013
  • Wichita Regional Chamber of Commerce, Chamber Honors Committee, Member, 2013-present
  • Wichita Business Journal, Women in Business Honoree, 2015
  • United Way of the Plains
    • Campaign Cabinet, 2009
    • Allocations Volunteer, 2002-2008
  • Girl Scouts of the Kansas Heartland, Troop 40442, Leader, 2010-2013
  • Tallgrass Film Festival, Board Member, Present
Publications
2016
  • Fate, Karma, and Humble Pie
    -Bar-o-Meter, Wichita Bar Association
  • "PHiL,"
    -Bar-o-Meter, Wichita Bar Association
  • I Think You Are Wrong
    -Bar-o-Meter, Wichita Bar Association
  • Unwarranted Certitude
    -Bar-o-Meter, Wichita Bar Association
  • Lawyer Parenting
    -Bar-o-Meter, Wichita Bar Association

2015

  • Ten Questions for the New WBA President
    -Bar-o-Meter, Wichita Bar Association
  • Oh, What a Bar!
    -Bar-o-Meter, Wichita Bar Association
  • Kiddo
    -Bar-o-Meter, Wichita Bar Association
  • PewDiePie
    -Bar-o-Meter, Wichita Bar Association
  • Wolfpack
    -Bar-o-Meter, Wichita Bar Association
  • Abraham Lincoln, Alexis de Tocqueville, and George Takei Walk into a Bar...
    -Bar-o-Meter, Wichita Bar Association

2002

2001

  • Analyzing Medical Records
    -Kansas Paralegal

1993

  • Gender-Based Affirmative Action: How Does It Fit in the Tiered Scheme of Equal Protection Scrutiny?
    -41 Kansas Law Review 591

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