Mark Kelley

Mark Kelley is a creative and aggressive litigator with a record of delivering success at every stage of litigation, from pre-complaint negotiations through appeal to judgment enforcement.  He has played key roles in both headline-grabbing cases and confidential business disputes across a wide range of subject matters.  Mr. Kelley has particular experience with matters involving fraud, technology, financial services, and business torts, but he has litigated disputes relating to employment, the False Claims Act, defamation, patents, trade secrets, product liability, malpractice, and antitrust, among other things.

Mr. Kelley is a skilled advocate who crafts inventive strategies and compelling narratives for his clients.  He routinely manages complex cases, mastering the details without losing sight of the big picture or his clients’ goals.  Mr. Kelley is known for his good judgment, avoiding wasted effort, and focusing resources and attention on what matters most.  He is plain spoken, energetic, and dedicated, and he has a keen eye for how an issue will play out.

Mr. Kelley has been recognized multiple years in a row as a “New York Rising Star” by Super Lawyers and as a “One to Watch” by Best Lawyers.  Before joining MoloLamken, he was an associate at Boies Schiller Flexner.  Mr. Kelley served as a law clerk to Judge Dennis Jacobs of the United States Court of Appeals for the Second Circuit and Judge Richard J. Sullivan of the United States District Court for the Southern District of New York (now a judge on the United States Court of Appeals for the Second Circuit).

Representative Matters

• A class of stockholder plaintiffs in a federal jury trial regarding securities fraud arising from failure to disclose beneficial ownership in and control of publicly traded oil-transloading company (Jon D. Gruber v. Ryan R. Gilbertson et al., No. 16-cv-09727 (S.D.N.Y.))
• An investment advisor in contract dispute involving more than $900 million of unpaid sovereign debt instruments and multi-billion-dollar judgment-enforcement proceeding (Red Tree Invs., LLC v. Petroleos de Venezuela, S.A., et al., No. 19-cv-2519 (S.D.N.Y.)) ; Red Tree Invs., LLC v. Petroleos de Venezuela, S.A., et al., Nos. 22-225, 22-232 (2d. Cir.))
• A leading cosmetics manufacturer in a Chapter 11 adversary proceeding concerning complex refinancing transaction, successfully dismissing of $880 million adversary claim (AIMCO CLO 10 Ltd. v. Revlon, Inc., Adv. Proc. 22-1167 (Bankr. S.D.N.Y.))
• A telephone carrier in overturning dismissal of $3.3 billion False Claims Act case arising from fraud related to FCC wireless spectrum auctions (U.S. ex rel. Vermont Nat'l Tel. Co. v. Northstar Wireless, LLC, 34 F.4th 29 (D.C. Cir. 2022))
• A group of noteholders with $690 million in convertible debt investigating wrongdoing by directors and officers of a multinational biotechnology company in Chapter 11 reorganization (In re: Amyris Inc. et al., No. 1:23-bk-11131 (D. Del.))
• A drug manufacturer in PTAB over patent claims against anticipation and obviousness challenges (Mylan Pharms. Inc. v. Merck Sharp & Dohme Corp., 50 F.4th 147 (Fed. Cir. 2022))
• A technology startup suing its former officer for fraud
• A law firm and lawyers in an appeal of an adverse contempt ruling
• A major financial institution in a high-profile employment dispute with its founder and former CIO
• A telecommunications company in a complex accounting malpractice dispute spanning multiple jurisdictions
• An international bank in matter relating to money laundering and sanctions enforcement
• A hedge fund in dispute involving multiple allegations of fraudulent conveyance relating to direct lender’s debt and equity holdings in New York City parking garage operator
• A startup in an FTC enforcement action relating to allegedly deceptive trade practices, including litigation of temporary restraining order, preliminary injunction, and multiple appeals)
• A high-profile tech startup in the healthcare space through multiple simultaneous state and federal investigations
• A technology startup in investigation of alleged theft of trade secrets relating to self-driving car technology
• Multiple entities in petitions for and responses to petitions for discovery in aid of foreign proceedings pursuant to 28 U.S.C. § 1782
• An investment company in a partnership dispute relating to profit and share distribution in a high-profile SPAC
• An investment company in a complex international litigation relating to partnership dispute that involved multiple foreign arbitrations and injunctions

Publications

• Trump's NY Civil Fraud Trial Spotlights Long-Criticized Law, Law360 (Apr. 5, 2024) (with Lois Ahn)

• Privilege, Waiver, and Good Faith: False Claims Act Defense After Schutte, NYSBA Inside (Nov. 2023)

News & Appearances

• Creditors Say Don't Reorder Priority Scheme In Citgo Auction, Law360 (Feb 8, 2024)

• Venezuela Says Immediate Appeal Needed In Citgo Cases, Law360 (Dec. 8, 2023)

• Amyris Woos 16 Bidders For Consumer Brands, Nears Auction, Law360 (Nov. 21, 2023)

• Amyris Creditor Claims Doerr Schemed To Seize IP, Law360 (Oct. 26, 2023)

• Citgo's Parent Puts 'Missing' Certificate Risk At $1.5B To $2.5B, Law360 (Sept. 22, 2023)

• US Sanctions Don't Bar Venezuela Oil Co. Debt Repayment, Law360 (Sept. 20, 2023)

• Merck Fends Off Patent Challenge to Diabetes Treatment (1), Bloomberg Law (Sept. 29, 2022)

• Dish Network Loses Challenge to FCC Ruling in $3 Billion Dispute, Bloomberg Law (June 21, 2022)

• Litigator of the Week Runners-Up and Shout Outs, The AmLaw Litigation Daily (June 17, 2022)

• Oil Co. Founder Held Liable In Stock Fraud Class Action, Law360 (June 14, 2022)

• DC Circ. Says Dish Must Face $3.3B Suit Over License Fraud, Law360 (May 17, 2022)

• Venezuelan Oil Co. Loses Bid To Stay $246M In Judgments, Law360 (Feb. 7, 2022)