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Karen Steinberg Kennedy
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- Special Counsel
- New York
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Karen Steinberg Kennedy is a versatile trial and appellate lawyer with more than 30 years of experience in a wide variety of complex commercial disputes across many industries and businesses. She has represented corporations, partnerships and individuals in commercial tort and contract actions, securities and shareholder suits, corporate control disputes, cases alleging accountants’ and auditors’ liability, bankruptcy-related litigation, and trusts and estates disputes. Karen represents clients in state and federal courts, in bankruptcy court, in arbitration and mediation, and in investigations and enforcement proceedings before government and regulatory agencies, including the Securities and Exchange Commission (SEC) and the Public Company Accounting Oversight Board (PCAOB).
She also has extensive experience representing clients in alternative dispute resolution (ADR) proceedings, including arbitrations and mediations before the Financial Industry Regulatory Authority, the American Arbitration Association, JAMS, the CPR Institute for Dispute Resolution and other ADR forums.
Experience
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Obtained dismissal in the Southern District of New York of a 17-count complaint brought by real estate developers alleging a scheme by lenders to seize control of a $550 million property.
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Represented a cybersecurity corporation in multiple actions in state and federal court alleging contract claims and securities fraud, resolving the claims via a multiparty mediation.
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Represented a fuel oil company in a successful trial of conversion claims arising out of the theft of fuel oil.
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Represented a global branded food and beverage company in litigation and mediation concerning parallel imports.
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Represented a large consumer company in arbitration of a purchase-price adjustment dispute concerning the methodology to be used.
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Obtained the affirmance, before the New York Court of Appeals, of the dismissal of arbitration claims seeking $130 million in damages against a broadcasting company. U.S. Electronics, Inc. v. Sirius Satellite Radio, Inc., 17 N.Y.3d 912 (2011).
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Represented accounting firms and individual accountants in PCAOB and SEC investigations and proceedings, and in internal investigations.
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Defended a Big Four accounting firm in a two-week arbitration, obtaining the dismissal of professional malpractice claims seeking more than $26 million in damages.
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Secured the dismissal of a complaint alleging fraud and negligence against a Big Four accounting firm.
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Represented independent directors at trial in Delaware Chancery Court in fast-tracked litigation by dissident shareholders seeking to enjoin a merger.
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Represented a private investment firm in shareholder actions challenging a going-private buyout.
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Represented officers and directors in a class action alleging securities fraud.
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Represented the Securities Industry and Financial Markets Association as amicus curiae in six appeals in the Second and Fifth Circuits and in the U.S. Supreme Court.
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Defended a major financial services company and its former investment professional, obtaining the denial of an arbitration alleging fraud and other claims and seeking damages of more than $30 million.
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Defended a major financial services company and four senior employees, obtaining the dismissal of arbitration claims alleging securities fraud, breach of fiduciary duty and failure to supervise and seeking more than $36 million in damages.
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Represented a major financial services company and its former investment professional, obtaining the dismissal of an arbitration alleging breach of fiduciary duty and other claims and seeking damages of more than $10 million.
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Obtained the dismissal of an arbitration alleging fraud against a major financial services company and its former investment professional.
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Represented the Official Committee of Unsecured Creditors in the Brazos Electric Power Cooperative bankruptcy.
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Represented the Ad Hoc Committee of Governmental and Other Contingent Litigation Claimants, comprised of 10 states’ attorneys general, six municipalities, the Plaintiffs’ Executive Committee in multidistrict opioid litigation, and a federally recognized Native American tribe, in the Purdue Pharma bankruptcy.
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Represented the Official Committee of Unsecured Creditors in the Gulfport Energy Corporation bankruptcy.
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Represented the Official Committee of Unsecured Creditors in the Frontier Communications Corporation bankruptcy.
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Represented the Rashi Foundation, an Israeli charitable foundation dedicated to helping the underprivileged in Israel, in obtaining the dismissal of a breach of contract claim brought by an investment advisory firm that sought more than $74 million in unpaid fees and lost profits. Jonas v. Estate of Gustave Leven, 116 F. Supp. 3d 314 (S.D.N.Y. 2015).
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Obtained the dismissal of a qui tam lawsuit against a real estate company. U.S. ex rel. Monaghan v. HPD, 2012 U.S. Dist. Lexis 130884 (S.D.N.Y. Sept. 12, 2012), aff’d, 531 Fed. App’x 127 (2d Cir. 2013).
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Represented an executor in defense of claims against the estate.
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Represented a beneficiary challenging estate administration.
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Represents lenders against claims by developers.
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Represents a co-op sponsor against claims by a purchaser.
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Represented criminal defendants in the successful appeals of their sentences before the Appellate Division, First Department.
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Represented individuals wrongfully listed on the New York State Central Registry of Child Abuse and Neglect in petitioning for removal.
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Represents Everytown for Gun Safety as amicus curiae in various federal courts nationwide in support of state and federal age-based firearms restrictions.
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Represented Everytown for Gun Safety as amicus curiae in the Wisconsin Court of Appeals and Wisconsin Supreme Court in support of a negligence claim by the daughter of a shooting victim against the website on which the purchase of the gun was arranged.
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Worked with the Law Center to Prevent Gun Violence on the constitutionality of local ordinances regulating firearms dealers.
Credentials
Education
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J.D., magna cum laude, Harvard Law School, 1990 -
Executive Editor, Harvard Journal of Law and Public Policy
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B.A., with honors, Wesleyan University, 1987
Bar Admissions
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New York, 1991
Clerkships
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Honorable Miriam Goldman Cedarbaum, U.S.D.C., Southern District of New York, 1990 - 1991
Court Admissions
- U.S.D.C., Eastern District of New York
- U.S.D.C., Southern District of New York
- U.S.C.A., 2nd Circuit
- U.S.C.A., 9th Circuit
- U.S.C.A., 11th Circuit
Professional Affiliations
- American Bar Association
- City of New York Bar Association
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