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Mark Kelley

Mark Kelley’s practice focuses on high-stakes, complex litigation, white collar criminal matters, and appellate litigation. Mr. Kelley has experience representing both plaintiffs and defendants across a variety of subject matters including securities litigation, shareholder disputes, class actions, employment law, international arbitration, and investigations and monitorships.  

Before joining MoloLamken, Mr. Kelley was an associate at Boies Schiller Flexner. Mr. Kelley also 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

  • Contract dispute involving unpaid debt instruments between investment advisor and Venezuela’s state-owned oil and natural gas company
  • Securities-fraud class-action arising from failure to disclose beneficial ownership in and control over a publicly traded oil-transloading company
  • High-profile employment dispute between major financial institution and its founder and former CIO
  • Complex accounting malpractice dispute spanning multiple jurisdictions
  • Monitorship of an international bank relating to issues involving money laundering and sanctions enforcement
  • Dispute involving multiple fraudulent conveyance suits relating to direct lender’s debt and equity holdings in New York City parking garage operator
  • FTC enforcement action, including temporary restraining order, preliminary injunction, and multiple interlocutory appeals, relating to allegedly deceptive trade practices
  • Appeal in the D.C. Circuit arising from dismissal of a claim under the False Claims Act relating to FCC wireless spectrum auctions
  • Multiple simultaneous state and federal investigations of a high-profile bio-tech startup in the healthcare space
  • Appeal in the Eleventh Circuit relating to government-initiated asset freeze and the Sixth-Amendment right to use frozen assets to retain counsel of choice
  • Investigation of alleged theft of trade secrets relating to self-driving car technology
  • Appeal in the Fifth Circuit relating to the division of authority between bankruptcy courts and federal energy regulators
  • Appeal in the Federal Circuit relating to anticipation and obviousness challenges to drug manufacturer’s patents
  • Multiple petitions and responses to petitions for discovery in aid of foreign proceedings pursuant to 28 U.S.C. § 1782
  • Appeal in the Federal Circuit relating to damages in a software-patent-infringement case
  • Partnership dispute relating to profit and share distribution in a high-profile SPAC
  • Complex international arbitration, including foreign injunctions, relating to investment company’s partnership dispute

Clerkships

  • Law Clerk to the Honorable Dennis Jacobs, United States Court of Appeals for the Second Circuit
  • Law Clerk to the Honorable Richard J. Sullivan, United States District Court for the Southern District of New York

Education

  • Yale Law School, J.D.
  • Northwestern University, M.A.
  • New School for Social Research, M.A.
  • Wesleyan University, B.A.

Bar and Court Admissions

  • New York
  • Eastern District of New York
  • Southern District of New York
  • United States Courts of Appeals for the Second, Third, Fifth, Eleventh, D.C., and Federal Circuits
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