Maura McKelvey's practice focuses primarily on the representation of mortgage lenders and servicers in cases involving allegations of mortgage fraud, predatory lending and violation of consumer protection statutes relative to loan origination and servicing. These matters include, but are not limited to, claims arising under TILA, RESPA, HOEPA and M.G.L. Chapter 93A. Ms. McKelvey also represents lenders, servicers and their agents and vendors in all aspects of claims arising out of contested foreclosures and evictions in Massachusetts and Rhode Island state courts.
Ms. McKelvey has represented broker-dealers and registered representatives in securities arbitrations before the Financial Regulatory Authority (FINRA, formerly NASD) in more than 25 sales practices arbitrations, defending a broad array of claims for these clients, including suitability, misrepresentation, unauthorized trading, failure to supervise and violations of state and federal securities statutes. Ms. McKelvey has jointly handled five arbitrations from the time of filing the statement of claim through award or dismissal.
She has also assisted clients in defending professional liability claims and in commercial litigation disputes. Ms. McKelvey has represented attorneys, insurance agents, corporate directors and officers, and realtors in Massachusetts state and federal courts, as well as in Rhode Island state courts. She has also represented numerous insurers in coverage disputes brought in state and federal courts in Massachusetts and New Hampshire.
A selection of Ms. McKelvey's reported decisions includes:
· In re Augilar, 2010 WL 2598622 (Bkrtcy D. Mass. June 23, 2010).
· Dash v. Chicago Insurance Company, 2004 Westlaw 1932760 (D. Mass. August 23, 2004).
· Arruda v. Sears Roebuck & Company, 310 F. 3rd 13 (1st Cir. 2002).
· In re: Perrone, 284 B.R.315 (Bkrtcy. D. Mass. 2002).
· Ross v. Home Insurance Company, 146 N.H. 468, 773 A.2d 654 (2001).
· Bianco P.A. v. Home Insurance Company, 144 N.H. 288, 786 A.2d 829 (2001).
· Home Insurance Company v. St. Paul Fire & Marine Ins. Co., et al., 229 F.3d 56 (1st Cir. 2000).
Ms. McKelvey joined Hinshaw & Culbertson LLP in July 2005 to open the firm's Boston office. Previously she was, for six years, an associate with the Boston law firm of Cetrulo & Capone LLP, where she practiced in the areas of professional liability, insurance coverage and securities litigation. Before joining Cetrulo & Capone, she was, for three years, an associate at Davis, White & Pettingell, LLP, also in Boston.
She is a member of the Hinshaw's Executive Committee.
Publications and Presentations
Ms. McKelvey's publications include "Cheap Beer or Economic Harmony: With the Dissolution of Import Barriers, Should Excise Duties in the EU be 'Harmonized' Also?," Vol. XVIII, No. 2, Boston College International and Comparative Law Review, 1995.
(Also at Providence, Rhode Island Office)