Kathleen Massey’s practice focuses primarily on high-profile securities and commercial litigation matters involving negligence, breach of fiduciary duty, allegations of fraud, breach of contract and related wrongdoing. Ms. Massey has represented public and private companies, as well as directors and officers, in cases brought in federal and state courts, as both class and individual actions, and in domestic and international arbitration proceedings and mediations. She has also handled numerous civil and criminal investigations, as well as internal investigations, and she regularly advises clients on litigation-related risks inherent in corporate transactions.
- Representing the independent directors of Lehman Brothers Holdings Inc. regarding various publicly announced investigations and litigation matters, including securities, breach of contract, fraud and ERISA claims, arising out of the LBHI bankruptcy.
- Representing the former Chairman and Chief Executive Officer of Bear Stearns Asset Management in connection with civil litigation, as well as various FINRA arbitrations, arising out of the collapse of two hedge funds.
- Representing OppenheimerFunds, Inc. and Oppenheimer Acquisition Corp. in connection with numerous federal and state actions, including securities class actions and bankruptcy litigation, arising from fraud perpetrated by Bernard L. Madoff and his investment firm.
- Representing Symbol Technologies, Inc. in a federal class action alleging violation of federal securities laws.
- Representing Entretenimiento GM de Mexico S.A. de C.V. in litigation in federal court arising out of the purchase of Mexican cinemas from affiliates of AMC Entertainment, Inc.
- Representing a European pharmaceutical company in arbitration before the ICC International Court of Arbitration and in federal court litigation arising out of a license agreement with a U.S. pharmaceutical company.
- Representing an ad hoc group of noteholders in a multi-pronged effort to collect payment on notes secured by oil and gas assets in Kazakhstan.
- Representing an officer of GAMCO in securities enforcement litigation currently before the U.S. Supreme Court, involving allegations by the SEC of securities law violations arising out of market timing.
- Representing numerous parties involved in corporate transactions where advice on issues relating to indemnification, risk allocation and dispute resolution are of paramount importance.
- Represented Pacific Life Insurance Company in a class action concerning market timing that was litigated in state and federal court, including the U.S. Supreme Court.
- Represented Allied Waste Industries in a three-week federal jury trial in Boston involving claims of breach of contract and fraud, and violation of the MA consumer protection statute, a three-week federal jury trial in New York involving a claim of breach of contract and numerous additional matters arising out of acquisitions.
- Represented Internet Capital Group and certain officers in a complex commercial action in federal court in Maine and in an arbitration proceeding alleging securities fraud and breach of fiduciary duty in connection with a merger.
- Represented the Promus Companies in a five-month federal jury trial in New Jersey and appeal to the Third Circuit involving claims of securities fraud, common law fraud, and breach of fiduciary duty in connection with the purchase of a partnership interest in Harrah’s Casino.
- Represented MedE America Corporation in a variety of contested matters, including a one-week arbitration proceeding arising out of the sale of assets.
- Represented Welsh, Carson, Anderson & Stowe and its partners in numerous litigated and other matters that involved securities fraud, contract and fiduciary duty issues.
- Represented a major insurer in a dispute concerning credit default swaps relating to synthetic collateralized debt obligations.
- Represented a large asset manager in an internal investigation regarding their fiduciary duties in relation to alleged fraud concerning securities purchased on behalf of clients.
- Represented a gaming company in a multifaceted investigation of whistleblower claims and a related regulatory review.
- Represented clients in numerous other government and internal investigations concerning a wide variety of issues.
Firm Leadership Roles
Dechert Hiring Partner, New York (2003-2005)
Dechert Law School Hiring Partner, Firmwide (2004-2006)
Co-Chair of Dechert Associate Development, White Collar and Securities Litigation Group (2010-2012)
Co-Chair of Dechert Women’s Committee, Firmwide (2008-2012)
Chair, Dechert Women’s Committee, New York (2006-2012)
Colby College, B.A., 1982, with honors
University of Pennsylvania Law School, J.D., 1988, with honors, editor of the University of Pennsylvania Law Review, Wilson Fellow and Olin Fellow in Law and Economics, recipient of the Benjamin R. Jones Award for Humanity and Law
Supreme Court of the United States
United States Court of Appeals for the Second Circuit
United States District Court for the Eastern District of New York
United States District Court for the Southern District of New York
Publications and Lectures
- Senior Fellow, "New Whistleblower Liability Impacting Asset Managers," Regulatory Compliance Association, Chief Compliance Officer University (April 2012)
- Panelist, “Financial Reform: Impact on Investment Advisers, and Changes at the SEC,” Boston Bar Association, Boston, MA (September 2010)
- Speaker, “Financial Regulatory Reform,” Dechert LLP webinar (July 2010)
- Panelist, “The Current and Potential Future Impact of the Financial Reform Legislation on Securities Enforcement and Litigation,” Investment Company Institute Webinar: Financial Regulatory Reform Legislation: Implications for Registered Investment Companies and Their Advisers (July 2010)
- Panelist, "Recent Litigation over Directors' Duties under Delaware Law" (June and December 2009)
- Panelist, "Mitigating Litigation and Enforcement Risk: Lessons from Recent Events" (May 2009)
- Panelist, "Securities Litigation: Strategies for Grappling with Emerging Challenges" (September 2006)