As an experienced litigator, Kelly concentrates her practice representing clients in commercial and corporate litigation and in employment law and litigation. In the Court of Chancery, Kelly has successfully represented clients in fiduciary duty actions, contests over the governance and control of corporations, limited liability company and partnership matters, advancement and indemnification actions, books and record matters, dissolution actions, business torts, disputes over arbitration provisions, and restrictive covenants disputes relating to equity.
Her experience in advising both employers and employees gives Kelly insight on employment matters from both perspectives. She has provided counsel on a range of matters including employment agreements, separation agreements, and discrimination charges brought before the Delaware Department of Labor and Equal Employment Opportunity Commission. Kelly has litigated non-competition, non-solicitation and confidentiality matters, employment discrimination cases involving race, gender, national origin and disability pursuant to the ADEA, Title VII, Section 1983, and the ADA, as well as retaliation and whistleblower claims.
Her practice also takes her before the Delaware Superior Court - including its Complex Commercial Litigation Division - where Kelly has represented clients in contract disputes, insurance coverage cases and personal injury defense cases.
Kelly holds an AV Preeminent rating from Martindale-Hubbell.
Kelly's Experience
• Represented plaintiff in a covenant not to compete matter resulting in a favorable settlement. Bridgeport Tank Trucks, LLC v. Smith, C.A. No. 7936-VCG (Del. Ch. 2013)
• Obtained an award for plaintiff in excess of $4 million and attorneys’ fees following a bench trial on a breach of contract and unjust enrichment claims under a loan agreement. TN Investors, LLC v. RETN, LLC, 2011 WL 862268 (Del. Super. Ct. Feb. 10, 2011)
• Represented plaintiff in a conflict over the proper composition of board of directors resulting in a favorable settlement. Hardy v. Jacobs and Acorn BioMedical, Inc., C.A. No. 5734-VCS (Del. Ch. 2010)
• Represented plaintiff in an action for indemnification and advancement resulting in a favorable settlement. Gay v. The Howard Hughes Corp., C.A. No. 4072 (Del. Ch. 2009)
• Obtained summary judgment on employment discrimination complaint. Walker v. The News Journal, 2008 WL 766788 (D. Del. Mar. 24, 2008)
Kelly's News
SKJ Attorneys to Attend 38th Annual Corporate Law Institute
