Kelly A. Librera

Representative Matters Involving Professional Services Firms and Financial Services Providers

• Representation of a financial institution in litigation with Federal Reserve Bank of New York and the Board of Governors concerning master account access
• Representation of a professional services firm in breach of contract and fraud litigation brought by former partner
• Representation of an international investment company in connection with a Department of Justice investigation into allegedly fraudulent investment strategies
• Representation of a global banking and financial services company and its subsidiaries, affiliates, and employees in civil litigation and investigations arising out of a series of allegedly fraudulent tax shelters
• Representation of an international investment company in connection with a Department of Justice investigation into allegedly fraudulent investment strategies
• Representation of global financial services company in New York State Insurance Department investigation of alleged unauthorized sale of insurance products
• Representation of a global financial services provider in litigation arising out of collapse of National Century Financial Enterprises, Inc.
• Representation of a financial services company in class action litigation involving the marketing of so-called “vanishing premium” policies
• Representation of a clearing bank and its employees in litigation arising out of Lehman bankruptcy

Representative Insurance Matters

• Representation of an international property insurance company in nearly US$2B coverage dispute arising out of Superstorm Sandy; secured summary judgment on all claims
• Representation of an international property insurance company in US$150 million dispute arising out of Superstorm Sandy; obtained summary judgment on all claims
• Representation of an international property insurance company in multi-million-dollar dispute arising out of Hurricane Maria
• Representation of a national insurance company in a series of putative class actions throughout the United States concerning travel insurance product; obtained with prejudice dismissals and successful settlements of all
• Representation of a long term care insurer in case alleging fraud and statutory claims; successfully obtained dismissal
• Representation of an insurance brokerage and consulting firm and its special committee in putative class action brought to enjoin its US$1.4 billion acquisition
• Representation of an international insurance company in cross-border coverage dispute involving Mexican law

Representative Employment Matters

• Representation of an international company in class action litigation involving claims of Title VII religious discrimination
• Representation of a professional services firm in litigation involving allegations of age discrimination and retaliation
• Conducted an internal investigation for a financial services provider in response to whistleblower allegations concerning alleged inappropriate hiring practices, racial discrimination, financial misconduct, and sexual harassment by C-suite executive
• Conducted an internal investigation for renewable energy company involving allegations of impropriety by C-suite executives
• Conducted an internal investigation for a law firm in response to allegations that it marketed and promoted fraudulent tax shelters

Representative Fraud and Securities Matters

• Representation of a biotechnology company in connection with an SEC investigation of insider trading
• Conducted internal investigation for a Fortune 500 technology company arising from qui tam complaint alleging fraud on state and federal authorities in sale of technology
• Representation of a Brazilian food corporation in class action alleging violations of the Securities Exchange Act of 1934 and Rule 10(b)(5)
• Representation of former stockbroker in appeal of conviction of Martin Act and securities fraud crimes
• Representation of a global banking and financial services company in cases brought in federal and state court alleging securities fraud
• Representation of broker in connection with District Attorney investigation and cases arising out of alleged fraudulent sale of Claude Monet Water Lily painting
• Representation of real estate development company in case and investigation alleging Martin Act violations
• Representation of an athletic retailer in expedited litigation concerning the financing of its merger

Representative International Arbitrations

• Representation of an infrastructure investment company in a high-stakes dispute arbitrated before the International Centre for Dispute Resolution of the American Arbitration Association. Secured a US$221 million arbitration award
• Representation of an international manufacturer of construction and mining equipment in a US$19 million dispute arbitrated before the International Centre for Dispute Resolution of the American Arbitration Association
• Representation of Dubai-based luxury goods purveyor in multimillion dollar dispute concerning distribution agreement

Representative Pro Bono Matters

• Representation of an indigent petitioner in a federal habeas corpus case that resulted in a reconstruction hearing on Batson v. Kentucky issues
• Representation of plaintiffs in Aguilar v. Immigration and Customs Enforcement, a landmark case involving constitutional challenges to ICE home raids in the New York area