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Kelly Kress
July 30, 2012
213.443.7653
kelly.kress@arentfox.com
Kelly Kress is an associate in Arent Fox’s White Collar and Investigations practice group.
Client WorkKelly’s government and white collar experience includes representing public and private individuals in all aspects of civil and criminal investigations and prosecutions, internal investigations, law and motion practice, and trial preparation, including but not limited to public corruption, health care fraud, criminal antitrust, and Foreign Corrupt Practices Act. Kelly also advises clients on various compliance obligations under federal and state bribery and data privacy laws, including the FCPA in the US, UK, and EU data safe harbor certifications. Her representative matters include all aspects of civil litigation ranging from TRO/preliminary injunctions, insurance, contract disputes, partnerships, LLC’s and trusts, as well as state and federal class action litigation. Kelly also has experience working on securities, white collar, IP, product liability, and general commercial litigation matters.
Kelly’s notable representative matters Include:
- Representing a victim company in a matter involving the theft of trade secrets by a former employee causing substantial financial damage to the company and resulting in a criminal charge being filed against the former employee.
- Representing the former mayor of Rosemead, California in a public corruption prosecution brought by the United States Attorney’s office and the FBI (United States v. John Tran, CR 12-00104-DSK).
- Representing a California investment firm in an investigation by the Securities and Exchange Commission.
- Representing an individual in a Department of Justice investigation into allegations of bid-rigging in violation of the Sherman Act.
- Representing a corporation in a state Attorney General Investigation into allegations of consumer privacy violations.
- Housing Authority of City of Los Angeles v. HUD, 08-cv-7763-AHM (MANx) (C.D. Cal.) Was the lead associate on motion for preliminary injunction and cross-motions for summary judgment in a Federal Court lawsuit that was successfully brought on by HACLA against HUD involving expedited discovery and a Temporary Restraining Order. After expedited discovery, including detailed review of Administrative Record and successfully arguing for increased disclosures, Kelly assisted with depositions of high ranking HUD officials which lead to a favorable settlement shortly thereafter. HACLA’s federal contract was reinstated saving the City of Los Angeles approximately 200 jobs and multiple millions in contract revenue.
- CogentDesign, Inc. v. Pacific Life Ins. Co., 07-cv-00117 JM (JMA) (S.D. Cal.) Successfully removed to Federal Court an action seeking injunctive relief and restitution based on breach of contract, false advertising, negligence, and unfair competition. Successfully settled prior to trial.
- Pegasus Building Services, Inc. v. Pacific Building Care, Inc., BC400143 (Los Angeles Superior Court) Successfully defended and cross-complained on behalf of national building services provider in state court action for trade libel, interference with contractual relations, and unfair business practices. Was the lead associate drafting all pleadings, discovery and motions, which led to a favorable settlement well before trial.
- Potter et al. v. Sharper Image, CGC-03-426350 (S.D. Fla.) Assisted with the defense and settlement of a nationwide class action brought by purchasers of “ionizing air purifiers,” which sought damages for breach of contract, breach of warranty, money had and received, and unjust enrichment.
- Advised Museum Foundation in ownership and use dispute over artwork and sculpture, negotiating amicable settlement clarifying ownership, usage limitations, and preservation obligations.
- Assisted with creation of Fashion Copyright Practice, advising designers and manufacturers with regard to copyright, trademark, and patent issues.
- Assisted in representing well-known home electronics company in trademark and copyright infringement suit against competitor. Temporary restraining order obtained and case favorably settled.
- Assisted in representing well-known construction equipment manufacturer in trademark and copyright infringement suit against international competitor whose foreign subcontractor stole proprietary designs.
- Advised corporation with respect to legality of proposed sweepstakes and promotions in all fifty states.
- Dedicated pro bono practice focusing on orphaned immigrant youth which has included successfully obtaining gang-based asylum for an unaccompanied minor and special immigrant juvenile status for another youth ineligible for asylum.
Publications, Presentations and Recognitions“Avoiding Sophisticated User Doctrine in Calif.” Law 360, Guest Column, March 1, 2010, co-author
Advising California Partnerships, Limited Partnerships, 2008
“Can Fashion Be Copyrighted?” Fashion Copyright Seminar, 2006 Professional ActivitiesAmerican Bar Association
Los Angeles Bar Association
Women’s Lawyers Association of Los Angeles
EducationUniversity of Southern California Gould School of Law , JD University of Michigan , BA ( magna cum laude )
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