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

• Secured victory in seven-day jury trial of securities-fraud class action arising from failure to disclose beneficial ownership in and control over a publicly traded oil-transloading company (Jon D. Gruber v. Ryan R. Gilbertson et al., No. 16-cv-09727 (S.D.N.Y.))
• Overturned dismissal of 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))
• Prevailed at summary judgment and on appeal in contract dispute involving unpaid debt instruments between investment advisor and Venezuela’s state-owned oil and natural gas company (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.))
• Represented Revlon in a bankruptcy adversary proceeding concerning complex lending transactions (AIMCO CLO 10 Ltd. v. Revlon, Inc., Adv. Proc. 22-1167 (Bankr. S.D.N.Y.))
• Obtained affirmance of PTAB decision upholding drug manufacturer’s patent claims against anticipation and obviousness challenges (Mylan Pharms. Inc. v. Merck Sharp & Dohme Corp., 50 F.4th 147 (Fed. Cir. 2022))
• Represented major financial institution in a high-profile employment dispute with its founder and former CIO.
• Litigated and successfully resolved a complex accounting malpractice dispute spanning multiple jurisdictions
• Played leadership role in monitorship of an international bank relating to issues involving money laundering and sanctions enforcement
• Represented 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
• Litigated against the FTC in an enforcement action (which included a temporary restraining order, preliminary injunction, and multiple interlocutory appeals) relating to allegedly deceptive trade practices
• Advised and represented a high-profile tech startup in the healthcare space through multiple simultaneous state and federal investigations
• Represented a technology startup in investigation of alleged theft of trade secrets relating to self-driving car technology
• Briefed and argued multiple petitions and responses to petitions for discovery in aid of foreign proceedings pursuant to 28 U.S.C. § 1782
• Advised and represented investment company through a partnership dispute relating to profit and share distribution in a high-profile SPAC
• Represented an investment company in a complex international litigation relating to partnership dispute that involved multiple foreign arbitrations and injunctions

News & Appearances

• 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)