Kyle McWaters is a skilled trial attorney, experienced investigator, and former federal prosecutor. He currently represents multinational corporations in pharmaceutical, products liability, and toxic tort matters, as well as business disputes and white-collar and internal investigations. Prior to rejoining the firm in 2025, Kyle was an Assistant United States Attorney in the Federal Major Crimes Section of the United States Attorney’s Office for the District of Columbia. He also previously served as an AUSA in the Northern District of Oklahoma. In both offices, he led the prosecution of white-collar crimes, including complex conspiracy maters, fraud, illegal gun possession, drug distribution, kidnapping offenses, assault on federal officers, cybercrimes, and domestic terrorism cases. During his time as an AUSA, he took numerous federal bench and jury trials to verdict, in addition to dozens of preliminary, detention, and motions hearings. At trial, Kyle has put on the testimony of fact, expert, law enforcement, and cooperating witnesses and conducted cross-examination of many types of defense witnesses. His work included extensive electronic discovery; handling all stages of litigation, including briefing novel statutory and constitutional issues; and coordination with other U.S. Department of Justice components around the country. Kyle’s practice included extensive work with the grand jury, where he obtained over 60 indictments against almost 100 criminal defendants. He also successfully handled matters in front of the United States Court of Appeals for the Tenth Circuit. While in Washington, DC, Kyle was awarded the Federal Bureau of Investigation Washington Field Office’s United States Attorney Award in recognition of his work.
Kyle has years of civil private practice experience. In those representations, he has taken depositions of key fact witnesses, developed discovery strategies and directed large-scale responses to discovery, and authored numerous successful briefs, including motions to exclude or oppositions to exclude experts and summary judgment motions, appellate briefs, and motions to dismiss. Kyle also has experience defending companies in civil investigations brought by the Consumer Financial Protection Bureau, U.S. Department of Housing and Urban Development, U.S. Department of Veterans Affairs, state regulators, and private plaintiffs. He has contested alleged violations of the False Claims Act, Truth in Lending Act, Fair Debt Collection Practices Act, Fair Credit Reporting Act, and state consumer protection statutes. This includes representing financial services companies and manufacturing corporations against allegations of misrepresentation, fraudulent inducement, negligence, and breach of contract. Kyle managed a Telephone Consumer Protection Act putative class action, including dispositive motions practice, participating in a Rule 26 conference, and internal investigation. He has separately directed internal investigations and overseen document and metadata review for production to the government related to subpoenas and civil investigative demands from the CFPB, HUD, and the VA related to consumer protection and FCA matters.
Kyle also has handled multiple data privacy matters. For example, in his representation of financial institutions regarding cybersecurity and data breaches, Kyle drafted mandatory notification letters, ensured compliance with state and federal data security requirements, evaluated potential exposure, and recommended curative action. He co-authored “Cybersecurity in Financial Services: A Regulatory and Litigation Primer” and has expertise in FTC enforcement actions, data breach cases, related executive orders, and the NIST Framework. While with the Department of Justice, Kyle worked on cybersecurity cases and gained widespread experience with the Stored Communications Act and digital surveillance.
Kyle sits on the executive board for the D.C. chapter of the Federal Bar Association, as well as on the CLE and Programing Committee for the FBA’s national Federal Litigation Section. He received his J.D. from the University of Virginia School of Law where he was a member of the editorial board of the Virginia Journal of Social Policy and the Law. He graduated summa cum laude from Oklahoma Christian University with a B.S. in history where he received the President’s Award for academic excellence and the Dean’s Award for Outstanding Research.
