Mark Kelley

Mark Kelley’s practice focuses on high-stakes, complex litigation, white collar criminal matters, and appellate litigation. Mark 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, Mark was an associate at Boies Schiller Flexner. Mark 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

• Secured jury victory in seven-day 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.))

• Successfully 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 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., No. 19-cv-2519 (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))

• 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 allegations of fraudulent conveyance 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 website’s allegedly deceptive trade practices

• Multiple simultaneous state and federal investigations of a high-profile bio-tech startup in the healthcare space

• Appeal 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 relating to the division of authority between bankruptcy courts and federal energy regulators

• Multiple petitions and responses to petitions for discovery in aid of foreign proceedings pursuant to 28 U.S.C. § 1782

• Appeal 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 an investment company’s partnership dispute