Overview
Ken Kelly is a business trial lawyer. He draws on 50 years of experience representing multinational financial institutions, insurers, and companies in large-scale, complex cases across the country. Over the course of his dynamic career, he’s developed an impressive win record concerning a wide range of disputes with tens of millions of dollars at stake.
He thrives in the courtroom while explaining highly complicated legal and business issues in terms juries can understand. Drawing on his deep understanding of the banking industry and New York employment law, Ken has dedicated much of the past 10 years to representing U.S. and European financial institutions before FINRA and the American Arbitration Association in compensation-related disputes brought by executives and other employees, as well as representing a major disability and life insurer in ERISA claims litigation.
Ken honed his craft at a prestigious boutique Wall Street law firm and later while managing the litigation department of Chemical Bank. During that time, he tried dozens of cases that established favorable precedent for employers in New York. He secured decisions to preserve at-will employment in the state of New York, shield banks from liabilities due to check forgery, and clarify the scope of whistleblower statues in the health care industry. He later spent many years providing ERISA counsel to major health, disability, and life insurers, and handling medical insurance claims and contract disputes with insureds and medical providers. Ken also regularly defends a manufacturer of transportation products against asbestos claims. Clients credit his proven trial strategies with resolving their cases efficiently and cost-effectively while minimizing disruption to their business.
Prior to his retirement and assumption of Of Counsel status, Ken was Co-Chair of the firm's National Litigation Steering Committee.
Focus Areas
Industries
Experience
Results may vary depending on your particular facts and legal circumstances.
- Defended an international bank before FINRA against claims of fraudulent inducement in hiring brought by three former financial advisors. Though the advisors sought $30 million in damages for allegedly ruined careers, Ken overcame a difficult factual situation by simplifying the case and precluding their expert from testifying. He secured a decision that dismissed the employees’ claims and awarded his client $3.4 million in damages.
- Cleared Aetna Life Insurance Company of liability for an employee’s income tax payable on Social Security disability benefits deducted from disability insurance payments. Ken saved his client from potentially millions in claims by persuading the court to agree with Aetna’s interpretation of a disability provision found in thousands of its insurance policies.
- Defended a multinational European bank in several FINRA arbitrations arising from the 2008 international financial crisis in which bankers sought tens of millions of dollars in damages for unpaid bonuses. Ken and his team successfully defended the bank’s decision to use its bonus pool to instead fulfill its fiduciary obligations. In a series of complex, contentious disputes, Ken offered the bank’s board members and its former general counsel as witnesses and secured outcomes that avoided unfavorable precedent and reputational damage to the bank.
- Successfully represented Chemical Bank in a leading case before New York’s highest court confirming that a personnel manual is not a contract of employment. Ken’s victory overrode a growing trend of decisions in other states that expanded an employers’ liability for termination of its at-will employees. This precedent-setting case has been cited hundreds of times.
- Defended Staten Island University Hospital to limit the scope of New York’s whistleblower statute in the health care industry. Ken persuaded the Court of Appeals to conclude that the whistleblower statute protects only professionals who personally treat patients.
- Defended Chemical Bank against claims of negligence as a drawee bank in paying forged checks. Ken established the bank’s interpretation that the Uniform Commercial Code (U.C.C.) Article 3 “fictitious payee” or “padded payroll” statute allows the bank to avoid liability for forged checks when the forgery is facilitated by its customer even if the bank itself is negligent. That decision has been cited throughout the United States in similar U.C.C. check collection and deposit litigation.
Recognition
Listed in:
- New York Metro Super Lawyers®, Business Litigation (2013 to 2024). This award is conferred by Thomson Reuters. A description of the selection methodology is available here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
- Chambers USA: The World's Leading Lawyers for Business, Leader in Litigation (General Commercial) (2009 to 2011). This award is conferred by Chambers and Partners. A description of the selection methodology is available here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
Credentials
Education
- Cornell University Law School (J.D., with distinction, 1971)
- Fordham University (B.A., with highest honors, 1968)
- Institut d’Etudes Politiques, Paris, France (certificat, 1967)
Bar Admissions
- New Jersey
- New York
Media
Events
Past Events
Insights
Insights
- Firm Announcements
Eighteen Epstein Becker Green Attorneys Named to the 2024 New York Super Lawyers and Rising Stars Lists
10 minute read - Firm Announcements
Twenty-One Attorneys Named to the 2023 New York Super Lawyers and Rising Stars Lists
12 minute read - Firm Announcements
Epstein Becker Green Launches High-Stakes Litigation Podcast, Speaking of Litigation
4 minute read - Firm Announcements
Seventeen Attorneys Named to the 2022 New York Super Lawyers and Rising Stars Lists
8 minute read - Firm Announcements
Fifteen Epstein Becker Green Attorneys Named to 2021 New York Super Lawyers List
8 minute read - Firm Announcements
Seventeen Attorneys Named to 2020 New York Super Lawyers List
8 minute read - Firm Announcements
Nineteen Attorneys Named to 2019 New York Super Lawyers and Rising Stars Lists
8 minute read - Firm Announcements
Twenty-One Attorneys Named to 2018 New York Super Lawyers and Rising Stars Lists
8 minute read - Firm Announcements
Twenty-Two Attorneys Named to 2017 New York Metro Super Lawyers and Rising Stars Lists
8 minute read - Media CoverageKen Kelly, Amy Messigian Featured for Representation of High-Profile Litigation Matter3 minute read
- Media CoverageKen Kelly, Amy Messigian Quoted in "US Justice Issues Arrest Warrant for Singer Luis Miguel"1 minute read
- PublicationsBenefits Litigation Update – Spring 20173 minute read
- Media CoverageKenneth Kelly Featured in "Ex-Manager of Luis Miguel Seeks Arrest Warrant for Singer"1 minute read
- Media CoverageKenneth Kelly Featured in "Luis Miguel Ignored the Decision of a Judge and Is Now in Serious Trouble"1 minute read
- Media CoverageKenneth Kelly Featured in "Luis Miguel Did Not Appear in Court at the Request of His Ex-Manager"1 minute read
- PublicationsBenefits Litigation Update – Fall 20163 minute read
- Firm Announcements
Five Epstein Becker Green Attorneys in Boston and Stamford Named to 2016 Super Lawyers and Rising Stars Lists ...
8 minute read - PublicationsBenefits Litigation Update – Summer 20163 minute read
- PublicationsBenefits Litigation Update – Spring 20163 minute read
- PublicationsBenefits Litigation Update – Fall 20152 minute read
- Firm Announcements
58 Epstein Becker Green Attorneys Named to 2015 Super Lawyers and Rising Stars Lists
7 minute read - PublicationsBenefits Litigation Update – Summer 20153 minute read
- PublicationsBenefits Litigation Update – December 20142 minute read
- Firm Announcements
54 Epstein Becker Green Attorneys Named to 2014 Super Lawyers and Rising Stars Lists
6 minute read - PublicationsBenefits Litigation Update – Summer 20143 minute read
- PublicationsBenefits Litigation Update - January 20142 minute read
- PublicationsBenefits Litigation Update - September 20132 minute read
- PublicationsLaw360 Q&A with Kenneth Kelly2 minute read
- PublicationsBenefits Litigation Update - February 20132 minute read
- PublicationsBenefits Litigation Update - September 20124 minute read
- PublicationsBenefits Litigation Update – April 20122 minute read
- Firm Announcements
Epstein Becker Green Recognized Among Leading Law Firms by Chambers USA
4 minute read - Media CoverageQ&A With Epstein Becker Green's Kenneth Kelly7 minute read
- Media CoverageKelly Quoted On Use Of Mediation To Ease Federal Courts Backlog2 minute read
- Firm Announcements
Epstein Becker Green Recognized Among Leading Law Firms by Chambers USA
3 minute read - PublicationsNew York Court Limits Scope of Health Care Whistleblower Law5 minute read
- Media CoverageKen Kelly Comments on Trend of Patient-Doctor Arbitration Agreements1 minute read
- Publications
401(k) Fee Lawsuits Raise New Issues For Plan Sponsors, Providers, in Metropolitan Corporate Counsel
1 minute read