Representative Engagements

Mr. Kelley has testified more than 20 times in both bench and jury trials in federal and state court as well as in arbitration.  He has been deposed more than 70 times.

  • F.D.I.C.  Retained by the F.D.I.C. on multiple occasions as lending expert – commercial, mortgage and consumer lending, reviewing management’s adherence to loan policies, examination guidance, compliance with federal law and disposition of non-performing loans.

  • Loan Syndication/Agent Bank Liability.  Engaged on multiple occasions by agent banks in suits brought by loan participants alleging malfeasance and misadministration on the part of the agent bank.  Testified regarding Agent Bank duties pertaining to underwriting and administration of large, syndicated credit facilities.  

  • Libor Suppression Class Action.  Engaged by six international banks in defense of accusations of intentionally suppressing Libor rate benchmark, as periodically determined by panel of rate setting banks and assessing what potential damages associated with the suppression of reported rates might be.

  • Fair Credit Reporting Act.  Retained on numerous occasions by major credit reporting agencies and bureaus defending claims of violation under the Fair Credit Reporting Act, opining as to the impact of claimed errors in credit files and the adequacy of the agencies’ response to claims of errors, the duties of providers of credit information, as well as what damages might have resulted from incorrect information.

  • Mortgage Loan Servicing.  Engaged by several large national mortgage lenders in defense matters involving claims of wrongful foreclosure, violation of federal and consumer protection regulation, misadministration under the HAMP program, and other allegations of lender bad faith.

  • Financial Derivative/Swap Agreement.  Retained by Borrower who brought suit against a major bank relating to its imposition of a costly swap agreement and the determination of what breakage fee, if any, should be connected to the termination of that derivative.  Also testified as to the duties of the bank, in terms of disclosure of risk, terms and costs associated with derivative instruments. 

  • Breach of Construction Contract.  Retained by major construction company defending claims that it had wrongly terminated a $100 million plus construction contract due to the owner’s failure to timely provide evidence of committed financing.

  • Breach of Employment Agreements.  Retained by multiple banks and credit unions in suits involving claimed breaches of non-compete agreements, wrongful termination, misappropriation of trade secrets, etc.

  • Breach of Confidentiality and Non-disclosure Agreement.  Engaged by major Hawaiian corporation in suit against overseas acquirer in failed merger and seeking damages for wrongful use of confidential information.

  • Loan Fraud.   Engaged on multiple occasions in matters involving alleged loan fraud in the context of the sale of performing and non-performing loans, the accuracy and completeness of credit information presented, and the adequacy of collection efforts associated with such loans.

  • Fraudulent Transfers.  Engaged by lenders and major developers in suits involving allegations of fraudulent or sham land transfers, or transfers of borrower assets pre-bankruptcy, and whether such transfers were made for adequate consideration or with the intent to defraud lenders and creditors.

  • Lender Liability.  Engaged by multiple parties in suits regarding claimed lender bad faith in the origination, administration, and disposition of commercial loans, specifically as it relates to the lenders’ adherence to loan terms, lender duties and the exercise of remedial rights, as well as the lender’s compliance with regulatory requirements and industry practices.

  • Culpability of Senior Officers.  Engaged in civil and criminal matters concerning the conduct of former bank executives, the adequacy and accuracy of financial reporting and disclosures (Call Reports, SEC Filings, Press Releases, etc.) and the extent to which financial institutions were damaged by the wrongful conduct of such executives.