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
• SKJ was lead counsel representing an investor and former board member who asserted claims for breaches of fiduciary duties, breach of contract and a dissolution. This matter was resolved after discovery. Austin v. Evermarkets, C.A. No 2023-0350 (Del. Ch.)
• SKJ was part of the team that represented plaintiff, a North American distributor of various bone grafting technologies, against defendant manufacturer in a contract dispute. The case was tried in 2022 and plaintiff won a jury verdict. The manufacturer appealed but the Third Circuit affirmed the jury verdict in favor of plaintiff. Artoss Inc. v. Artoss GmbH et al., Case No. 1:20-CV-00741 (D. Del.)
• SKJ represented a biotech company, focused on addiction treatment until the COVID-19 pandemic when it shifted to the distribution of COVID-19 tests and protective equipment, and filed a fraudulent inducement claim. This matter was settled. To the Moon Investments, LLC et al. v. Benaron et al., C.A. No. 2022-0577 (Del. Ch.)
• SKJ was lead counsel and litigated a fraud in the inducement claim relating to GDM Electronic & Medical, LLC. This matter was settled. EMS Acquisition Holdings Inc. v. Grant Murphy et al., C.A. No. 2021-0535 (Del. Ch.)
• Served as lead counsel defending against a Whistleblower claim brought by a former employee. This matter was resolved. Davies v. Office of the Auditor of Accounts, C.A. No. K22c-05-030 (Del. Super. Ct.)
• Served as lead counsel for plaintiff seeking a dissolution and stating breach of fiduciary duty claims. The Court dissolved the entity in 2022. In 2023, Kelly tried the case, and the matter was resolved after trial. Antinucci v. Enodo Networks LLC, C.A. No. 2021 (Del. Ch.)
• Served as lead counsel representing defendant/counterclaim plaintiff in. Entercoms, Inc. brought claims for breach of noncompetition, non-solicitation and no hire agreements, breach of fiduciary duty, breach of contract for failure to reimburse Entercoms for expenses, and a declaratory judgment that Mr. Ahuja had been terminated for cause under the employment agreement. Mr. Ahuja brought a counterclaim for breach of contract related to Entercoms’ refusal to pay his severance. After engaging in document discovery, this matter was resolved between the parties. Entercoms, Inc. v. Ahuja, C.A. No. 2019-0341 (Del. Ch.)
• Served as lead counsel who represented plaintiff employer in a matter alleging breach of employment agreement, violations of Delaware’s Uniform Trade Secrets Act, tortious interference with business and contractual relations, breach of fiduciary duty, violations of Delaware Deceptive Trade Practices Law, and conspiracy against a former employee. The complaint sought injunctive relief to stop wrongful competition and deceptive trade practice, the return of trade secret information and damages. On September 21, 2018, the Delaware Court of Chancery entered an injunctive relief consent order against Defendant. GSV Acquisitions, LLC a/k/a Greater Sum Ventures, C.A. No. 2018-0420 (Del. Ch.)
• 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
