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Mark Kelley

Mark Kelley is a creative and aggressive litigator known for his plain-spoken manner and energetic advocacy. He has delivered success at every stage of litigation, from pre-complaint negotiations through appeal to judgment enforcement, and has played key roles in both headline-grabbing cases and confidential business disputes.

Mr. Kelley crafts inventive strategies and compelling narratives for his clients, mastering the details of complex cases without losing sight of the big picture or his clients’ goals. He has a keen eye for how an issue will play out, and is known for good judgment and focusing resources and attention on what matters most.

While he has particular experience with matters involving fraud, contract disputes, financial services, and business torts, Mr. Kelley has also litigated cases involving the False Claims Act, defamation, trade secrets, and antitrust, among other things.

Mr. Kelley has been recognized as one of the top 40 young lawyers in the United States by both the American Bar Association and by Bloomberg Law. He has also been recognized as a "Key Lawyer" by the Legal 500, a “New York Rising Star” by Super Lawyers,  “One to Watch” by Best Lawyers, and a "Next Generation Leader" by Lawdragon. 

Before joining MoloLamken, Mr. Kelley was an associate at Boies Schiller Flexner. He 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 Second Circuit).

Representative Matters

Red Tree Investments v. Petroleos de Venezuela: Represented creditors in dispute involving more than $900 million of unpaid sovereign debt resulting in bench trial. Obtained verdict in favor of creditors.
Confidential Earn-Out Arbitration (ICC): Represented global pharmaceutical company in billion-dollar contract dispute relating to blockbuster medication resulting in a 7-day arbitration hearing seated in London. The matter settled favorably following the hearing.
Jon D. Gruber v. Ryan R. Gilbertson et al.: Part of team that parachuted in months before a rare federal class-action securities-fraud trial arising out of a publicly traded oil-transloading company resulting in 7-day jury trial. Obtained verdict for plaintiffs featured in The American Lawyer’s “Litigator of the Week” column.
Confidential Fraud Arbitration (JAMS): Represented a technology startup in fraudulent transfer and embezzlement case against multinational financial services firm resulting in a 5-day arbitration hearing.
Confidential Earn-Out Arbitration (JAMS): Lead trial counsel for a sporting goods company in earnout dispute against e-gaming provider resulting in a multi-day arbitration hearing. Obtained award in favor of client.
Atlantic Coast Life Ins. Co. v. A.M. Best Rating Servs., Inc.: Represented an integrated insurance company in breach-of-contract suit against the largest insurance credit rating agency in the world, including litigation of a temporary restraining order and preliminary injunction.
AIMCO CLO 10 Ltd. v. Revlon, Inc.: Represented a leading cosmetics manufacturer in a Chapter 11 adversary proceeding concerning complex refinancing transaction, successfully dismissing an $880 million adversary claim
U.S. ex rel. Vermont Nat'l Tel. Co. v. Northstar Wireless, LLC: Appellate counsel for a telephone carrier in $3.3 billion False Claims Act case arising from fraud related to FCC wireless spectrum auctions. Successfully reversed trial court’s dismissal of case on two independent grounds.
In re: Amyris Inc. et al.: Represented 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
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

Mark Kelley

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