Michael C. Kelley

Co-Managing Partner at Sidley Austin LLP

Michael C. Kelley

Michael C. Kelley

Co-Managing Partner at Sidley Austin LLP

Biography

MICHAEL C. KELLEY, Partner of Sidley Austin LLP.

PRACTICES:
Accountants/Professional Service Firms Liability.
Securities & Derivatives Enforcement and Regulatory.
Securities Litigation.

AREAS OF FOCUS:
Alternative Dispute Resolution.
Business Torts.
Financial Institutions Litigation.
Financial Reporting and Disclosures.
Government and Regulatory Investigations Concerning Accountants.
Internal Investigations.
International Accountants Liability Experience.
Law Firm Representation.
Private Securities Litigation.
Professional Liability Litigation Against Accountants.
Public Company Accounting Oversight Board.
Section 10A.
Securities Litigation Against Accountants.
Trials.

ADMISSIONS & CERTIFICATIONS:
U.S. Supreme Court, 1985.
U.S. Court of Appeals, 9th Circuit, 1984.
U.S. District Court, E.D. of California.
U.S. District Court, N.D. of California, 1982.
U.S. District Court, C.D. of California.
U.S. District Court, S.D. of California.
California, 1979.

EDUCATION:
Yale Law School (J.D., 1979).
University of Southern California (A.B., 1976).

MIKE KELLEY has more than 25 years of experience handling complex and high-stakes disputes for clients, many of which have involved both litigation and regulatory risks. These matters require aggressive and creative advocacy as well as strategic vision and judgment to achieve the clients’ objectives. In recent years, Mike has handled a number of such high profile disputes, including:

Representing the independent auditor in connection with several litigation matters and regulatory investigations arising from the collapse of one of the largest subprime mortgage companies in the nation.
Serving as trial counsel in what is believed to be the largest hearing ever conducted before a professional licensing agency in California. The trial raised a number of issues of first impression concerning the accounting profession.
Leading a national team of lawyers in the successful defense of a professional service firm in multijurisdictional challenges to its employment practices potentially affecting tens of thousands of employees.
Mike is recognized in the 2011-2013 editions of The Best Lawyers in America in three fields: Commercial Litigation, Securities Litigation and SEC Enforcement. He was also recently recognized in The International Who’s Who of Commercial Litigators 2012.

Recently, Mike has handled numerous securities class actions and SEC investigations arising in a broad range of industries, including financial institutions, real estate, consumer products, computer hardware and software, medical equipment, healthcare, technology licensing and internet advertising. In connection with handling these matters, Mike has addressed complex accounting and financial reporting issues related to securitizations, valuation of financial instruments, derivatives and internal controls, stock options, software revenue recognition, expense reporting, acquisition accounting, asset impairment, R&D expense reporting, barter transactions, technology licensing revenue and loan loss reserves.

Mike has also conducted internal investigations for clients in connection with pending or potential SEC investigations, and has been involved in several other engagements where he has assisted clients, including board committees, in evaluating the adequacy and results of internal investigations.

PUBLICATIONS:
“Dodd-Frank’s Whistleblower Provisions: The Challenges of Balancing Self-Regulation and Government Enforcement” Los Angeles County Bar Association Annual Securities Conference (October 2011) (co-author with Brent W. Wilner).
“Securities Litigation – Selected Developments” Los Angeles County Bar Association Annual Securities Regulation Conference (October 2009) (Co-author with Jodi E. Lopez).
“Selected Developments in Securities Litigation” Los Angeles County Bar Association Annual Securities Regulation Conference (October 2008) (Co-author with Jodi E. Lopez, Jennifer Lam and Anand Singh).
California Litigation Update: “Production of Privileged Material to Government Investigators to Secure Credit for Cooperation was ‘Coerced’ and Thus Not a Waiver for Purposes of Related Civil Litigation.” (August 2008).
“Selected Developments in Securities Litigation” Los Angeles County Bar Association Annual Securities Regulation Conference (October 2007) (Co-author with Garrett K. Craig and Robert B. Martin).
“Litigation & Stock Option Backdating: Cases, Claims and Battlefield Issues” ABA Litigation Section Annual Meeting (April 2007) (Co-author with Brandon L. Paradise, Salvatore J. Graziano and Hannah E. Greenwald).
“Outline of Selected Recent Developments in Private Securities Litigation” Los Angeles County Bar Association Annual Securities Regulation Conference (October 2005) (Co-author with Jodi E. Lopez).
“Recent Developments in Private Securities Litigation” Los Angeles County Bar Association Annual Securities Regulation Conference (October 2004) (Co-author with Jodi E. Lopez and Jennifer A. Ratner).
“Pleading Issues in Private Securities Litigation” Los Angeles County Bar Association Annual Securities Regulation Conference (October 2003) (Co-author with Marco Jimenez)
“Toward a National Statute of Limitations in 10b-5 Cases” ABTL Report (1998).

MEMBERSHIPS & ACTIVITIES:
Mike has been a Partner at Sidley since 1987. He is the Managing Partner of the Los Angeles office and is a member of the Firm’s Executive Committee. Mike serves on the Board of Directors of the Los Angeles Area Chamber of Commerce and was selected as a 2012 Board Member of the Year. He currently serves on the Board of Directors for the Library Foundation of Los Angeles, where he is the vice-chair of the Governance Committee and also sits on the Advisory Board of the USC/Los Angeles County Bar Association Institute for Corporate Counsel, a position he’s held since 2007. He also serves as a Fellow of the American Bar Association and is a former member of the Board of Governors of the Association of Business Trial Lawyers.

NEWS & ACHIEVEMENTS:
July 25, 2011,
Michael C. Kelley Appointed to Board of Directors of the Library Foundation of Los Angeles.

Overview
Career Highlights

Sidley Austin LLP

RelSci Relationships

2256

Number of Boards

2

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Partner at Sidley Austin LLP

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Partner at Sidley Austin LLP

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Partner at Sidley Austin LLP

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Partner at Sidley Austin LLP

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Managing Partner, New York at Sidley Austin LLP

Relationship likelihood: Strong

Managing Partner at Sidley Austin LLP

Relationship likelihood: Strong

Partner at Sidley Austin LLP

Relationship likelihood: Strong

Partner at Sidley Austin LLP

Relationship likelihood: Strong

Partner at Sidley Austin LLP

Relationship likelihood: Strong

Partner at Sidley Austin LLP

Relationship likelihood: Strong

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Michael C. Kelley
Co-Managing Partner at Sidley Austin LLP
Education
J.D.
Class of 1979

Located in New Haven, Connecticut, Yale Law School is one of the world’s premier law schools. It offers an unmatched environment of excellence and educational intimacy in the form of world renowned faculty, small classes, limitless opportunities for clinical training, and strong encouragement of public service. The Law School is small by design; its impact on the world is measured by its accomplished graduates and its ongoing scholarship and outreach through numerous centers and projects. For students, the experience is unparalleled. The faculty-student ratio supports a vast array of courses and opportunities for independent research and student-organized seminars. Students get practical training by representing real clients in clinics starting in their first year. Throughout, a spirit of collaboration reigns. All first-term courses are ungraded, and subsequent classes are graded honors/pass/low pass. Yale Law School is unique among law schools in that it produces leaders in all walks of life: distinguished deans and faculty members at law schools across the country and the world; industry CEOs and corporate counsels; founders of nongovernmental organizations and other nonprofit entities; entrepreneurs; government servants in federal, state, and local offices and the judiciary--just a few areas in which our alumni's talent and passion and dedication have made a difference. Among the School’s graduates are U.S. Presidents and Supreme Court Justices; and among its far-reaching projects, the Information Society Project and the China Center.

A.B.
Class of 1976

University of Southern California is a private research university that mainly offers undergraduate, graduate & other higher education. The university was founded in 1880 and is headquartered in Los Angeles, CA.

Memberships
Fellow
Current

American Bar Association provides legal services. It provides law school accreditation, continuing legal education, legal information and other services to assist legal professionals. The firm has members which include judges, court administrators, law professors, and non-practicing attorneys. The company was founded on August 21, 1878 and is headquartered in Chicago, IL.

Member
Current

The mission of the Los Angeles County Bar Association is to meet the professional needs of Los Angeles lawyers and advance the administration of justice.

Career History
Co-Managing Partner
Current

Sidley Austin LLP is an American multi-national private company located in New York, NY, that provides legal services.

Other Affiliations

Michael C. Kelley is affiliated with Sidley Austin LLP

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