Photo of Kimberly L. Kiplin

Kimberly L. Kiplin Senior Counsel

Areas of Practice

Industries

Bar Admissions

  • State Bar of Texas

Court Admissions

  • U.S. District Court, Western District of Texas

Education

St. Mary's University, J.D.

University of Texas, B. S.

Kimberly L. Kiplin is a senior counsel in Dykema's Government Policy Practice Group. Ms. Kiplin has more than 25 years experience in administrative law, including in government procurement, insurance regulatory, oil and gas regulatory, open government law (open records and open meetings), and gaming law, particularly lottery and charitable bingo.

Ms. Kiplin’s gaming law experience includes lottery-specific procurement and contract matters, lottery prize claim redemption and prize assignment matters, and licensing and eligibility of lottery retailers. She has substantial experience in all aspects of the administration and regulation of charitable bingo, including licensing, audit, enforcement and compliance matters. Ms. Kiplin has been extensively involved in drafting gaming-related legislation and administrative regulations.

Ms. Kiplin has substantial experience in evaluating and managing contract risk, including contract procurement processes and post-contract award compliance. She is skilled in strategic analysis, complex risk assessment, development and implementation of multitier long range projects, contract procurement solicitations, contract compliance and monitoring, regulatory compliance, policy development and implementation, administrative investigation, litigation and procedure, intellectual property management and policing, and records management, including records retention and open records compliance.

Prior to joining Dykema, Ms. Kiplin served as the General Counsel for the Texas Lottery Commission and as the Director of Legal Services and Counsel to the Commissioner of Insurance at the Department of Insurance. She also worked as an administrative law judge at the Texas Railroad Commission adjudicating contested oil and gas matters. She served as the Texas Lottery Commission's Acting Executive Director in 1997.

In addition to her J.D. from St. Mary's University School of Law, Ms. Kiplin is a graduate of the University of Texas with a B.S. in Petroleum Engineering.

Experience

During her time as General Counsel for the Texas Lottery Commission, Ms. Kiplin's experience included the following:

Procurements and Contracts
  • Led the legal team on the lottery operations and services procurement and resulting contract. Contract is valued at $750 million over the initial 9 year primary term.
  • Led the legal team on an advertising services procurement and resulting contract for all Texas Lottery advertising services. Contract is valued at $30 million annually.
  • Managed the due diligence and compliance review on the acquisition of the lottery operator, a then US public company, by an Italian owned company.
  • Managed the investigation on allegations of a conflict of interest in connection with the lottery operations and services procurement, involving companies with an international presence.
  • Managed the comprehensive background investigation on the lottery operator in conjunction with the contract award. Investigation involved Interpol aspects.
  • Led the legal team on agency contractors’ compliance and conduct matters, including world-wide issues.
  • Led the due diligence review team and project team regarding the joinder of Texas in a multi­state lottery consortium.

Administrative and Regulatory

  • Managed the investigation and enforcement action on allegations of prohibited price-fixing by a licensed bingo equipment manufacturer, a US public company.
  • Led the investigation and enforcement action on allegations of organized crime activities in connection with illegal gambling activities, involving the seizure of $2.1 million as well as illegal gambling devices.
  • Monitored on-going regulatory compliance issues on agency licensees, 16,000+ lottery sales agents and 1,300+ bingo-related licensees.

Gaming

  • Served on agency team for current conversion of the lottery operating systems in connection with 2010 lottery operator contract.
  • Led the legal team on the implementation of new lottery on-line (draw) games.
  • Led the legal team on bingo rulemaking relating to bingo card-minding systems and devices, including use of independent gaming testing facilities.
  • Member of state government negotiation team on Class III gaming compact in connection with an Indian tribe in Texas.
  • Served as a member of the Governor’s Task Force on Illegal Gambling.
  • Acted as a resource to legislative and executive leadership on gaming and gaming issues, including drafting legislation.

Intellectual Property Management and Policing

  • Managed the agency’s robust portfolio of intellectual property, including trademarks and copyrights.
  • Managed policing efforts through a series of strategies, including a systematic approach to domain name infringements involving ICANN proceedings.

Records Management

  • Developed and implemented records management for agency records, including e-records.
  • Managed the Open Records function of the agency, including submitting requests for Open Records Decisions. Issues included trade secrets and proprietary financial information as well as privacy and security issues.
  • Led the team on a data security breach involving prize winners, vendors, agency licensees, and agency employees’ information.

International Masters of Gaming Law, member

State Bar of Texas, Administrative and Public Law and Government Sections, Council  Member since 1997; Treasurer, 1999; Secretary, 2000; Vice-Chair, 2001; Chair-Elect, 2002; Treasurer Second Term, 2010; Secretary Second Term, 2011; Vice Chair, 2012

State Bar of Texas Administrative and Public Law Section Annual Moot Court Competition Committee, Chair

Austin Bar Association, Administrative Law Section, Member

Annual Advanced Administrative Law Conference, Planning Committee, Member

Texas State Agency Coordinating Council (SACC) Legal Subcommittee, Member, 1997-2012

North American State and Provincial Lottery Association (NASPL), Legal Subcommittee, Member, 1993-2012

Travis County Women Lawyers' Association, Member

State Bar of Texas Insurance Trust, Trustee, 2003-2009

Austin Community College, Business Law I & Business Law II, Instructor, September 1986-September 1993