Associate

Kevin C. Kelly

Litigation & Dispute Resolution, Securities Litigation & Enforcement

Overview

Kevin Kelly represents corporations, directors, and officers in securities litigations, and international financial institutions in complex U.S. litigations and bankruptcy proceedings.

Domestic clients turn to Kevin for his extensive experience in securities class action litigations and shareholder derivative litigations. Kevin has obtained or negotiated the complete dismissal of a dozen such suits with no findings of liability against his clients in recent years. Clients also rely on Kevin’s counsel on best practices in corporate governance.

International clients look to Kevin to guide them through all phases of U.S. proceedings. Kevin is particularly adept at helping clients meet the demands of U.S. discovery as efficiently as possible without running afoul of another country’s data and financial privacy laws.

Kevin currently serves on the Board of Directors for the Legal Aid Society’s New Leadership Program. Kevin maintains an active pro bono practice, frequently partnering with the Legal Aid Society on various initiatives. Kevin has twice been a recipient of the Legal Aid Society’s Pro Bono Publico Award for outstanding service in these cases.

Experience

  • Defended public company, directors, and officers in numerous shareholder class and derivative actions involving alleged securities law violations, including actions in federal and state courts, with exposure to millions of dollars in damages.  
  • Obtained favorable settlement for Fortune 500 bank in its capacity as Trustee of various RMBS trusts alleged of breaching its contractual duties to investors following over five years of litigation.  
  • Led internal investigations of Japanese bank concerning fraudulent funds transfer requests stemming from predatory phishing attacks.
  • Prevailed at the Court of Appeals for the Second Circuit, which affirmed dismissal of Anti-Terrorism Act claims asserted against multinational bank. 
  • Obtained dismissal of recently enacted Justice Against Sponsors of Terrorism Act claims asserted against multinational bank in the Southern District of New York.  
  • Obtained favorable settlement in securities class action alleging violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Exchange Commission Rule 10b-5 following over five years of litigation. 
  • Obtained favorable settlement for Japanese bank in lawsuit alleging copyright infringement of an industry publication.   
  • Represented pro bono client in damages hearing before NYC Commission of Human Rights.  
  • Successfully argued order to show cause in New York State Court in fair housing case for pro bono client.

Recognition

  • The Legal Aid Society’s Pro Bono Publico Award for outstanding service, 2017
  • The Legal Aid Society’s Pro Bono Publico Award for outstanding service, 2016

Education

  • University of Michigan, BA, with distinction
     
  • University of Michigan Law School, JD, cum laude
    Editor, Journal of Law Reform

Admissions

  • New York

Courts

  • US District Court for the Southern District of New York
  • US District Court for the Eastern District of New York
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