Kathleen Massey’s practice focuses primarily on high-profile securities and commercial litigation matters involving allegations of fraud, breach of contract, breach of fiduciary duty, 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 tried civil matters and argued appeals in federal court; she has handled numerous arbitrations and investigations; and she regularly advises clients on litigation-related risks inherent in corporate transactions.
Firm Leadership Roles
- Successfully defended Entretenimiento GM de Mexico S.A. de C.V. at trial in federal court on breach of contract claims by affiliates of AMC Entertainment, Inc. arising out of the purchase of a group of Mexican cinemas.
- Obtained dismissal of securities enforcement litigation in federal court on behalf of an officer of GAMCO involving allegations arising out of market timing, having previously argued an appeal in this matter before the Second Circuit Court of Appeals and obtained a favorable ruling the U.S. Supreme Court.
- Obtained dismissal of action in New York State court on behalf of Prelude Capital Partners, LLC, brought by an indirect investor in a hedge fund managed by the defendant.
- Representing Symbol Technologies, Inc., and certain former officers and directors, in a federal class action alleging violations of federal securities laws.
- Representing the independent directors of Lehman Brothers Holdings Inc. in various litigation matters, including securities 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 arbitrations arising out of collapse of two hedge funds, having also represented him in related securities and derivative litigation.
- Representing OppenheimerFunds, Inc. in connection with numerous federal and state actions, including securities class actions, arising from fraud perpetrated by Bernard L. Madoff.
- Representing numerous parties involved in corporate transactions where advice on issues relating to disclosure, 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 a European pharmaceutical company in arbitration before the ICC International Court of Arbitration and in federal court arising out of a license agreement with a U.S. company.
- 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.
Member of Steering Committee for Dechert’s Global Women’s Initiative (2013-Present)
Member of Dechert’s Firmwide Partner Promotion Committee (2013-Present)
Chair, Dechert Women’s Committee, New York (2006-Present)
Co-Chair of Dechert Women’s Committee, Firmwide (2008-2012)
Co-Chair of Dechert Associate Development, White Collar and Securities Litigation Group (2010-2012)
Dechert Law School Hiring Partner, Firmwide (2004-2006)
Dechert Hiring Partner, New York (2003-2005)
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 Court of Appeals for the Seventh Circuit
United States District Court for the Eastern District of New York
United States District Court for the Southern District of New York