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Details of Kevin J Kelly


Kevin J Kelly

Corporate Counsel, Claims and Litigation

Burlingame, United States
Industry Category: General Contractors - Managers
Personal Website Link:: http://
Video URL Link: http://
General Counsel or Assistant General Counsel position with medium to large general contractor with domestic and international operations

Kevin J Kelly'S Overview

Resume:
Corporate Counsel
Environmental Chemical Corporation, Burlingame, California (March 2008 – Present)
 
Corporate Counsel providing general legal support to internal clients regarding litigation, claims, management of outside counsel both domestically and abroad, project management, employment, contract drafting, contract and dispute resolution training, OSHA (negotiation and resolution of citations), Federal Acquisition Regulations, corporate governance and compliance.
           
-Conducted resolution and settlement of all claims arising out of ECC’s $500m Hurricane Katrina operation both in contractual alternative dispute resolution proceedings and state and federal courts.
-Obtained American Arbitration Association arbitral award resulting in zero liability to company.
-Managed claims before a Dispute Board on a $400m infrastructure resulting in finding in favor of ECC JV in excess of $100,000,000.
-Successfully negotiated OSHA violations from serious and willful to de minimis violations.
-Represented ECC at numerous mediations or other dispute resolution proceedings resulting in significantly reduced liability.
-Drafted and negotiated $400,000,000 infrastructure project agreement with government of Cameroon.
-Authored and conducted dispute resolution training resulting in measurable reduction in
disputes and formal claim filings.
 
Senior Associate Attorney
Peckar & Abramson, PC, San Francisco, California (February 2006 – February 2008)
 
Senior associate, construction litigation, contract review and drafting. Represented medium to large general contractors on public and private projects in both state and federal courts. Involved in major multi-party construction litigation representing Turner Construction Company, Skanska USA, and AMEC Construction. 
 
-Obtained a settlement for 10% of claim on the eve of trial after 18-month contentious multi-party litigation.
-Defended general contractor against $100 million action by public entity, including causes of action for breach of contract, false claims, fraud and unfair business practices.
- Defense of general contractor in multi-party anti-trust action.
-Successfully resolved multiple claims from $500k-$10m through alternative dispute resolution.
 
Associate Attorney/Non-Equity Partner
Ferrari Ottoboni LLP, San Jose, California (December 1995 – February 2006)
 
Provided business litigation and counseling services to large general contractors, corporate and institutional clients, closely-held corporations, partnerships and individuals in high technology and related industries, banking, certified public accounting firms, and real estate.
 
-Obtained defense verdict and award of fees and costs in action for breach of fiduciary duty and alter ego claims brought by former investors and stockholders against officers and directors of project management software development company. Issues included warranties and representations in debentures and other investment vehicles.
-Successfully defended action for misappropriation and infringement of trade secret.
-Firm acted as general counsel for the San Francisco Forty Niners, providing legal services in the areas of labor and employment, litigation, contract drafting and review, and corporate compliance.
-Resolved malpractice action brought against certified public accounting firm by principal of venture capital firm.
-Successfully defended and settled sexual harassment action brought by multiple employees of large medical institution.
Represented multiple clients in bankruptcy proceedings, including actions for recovery of preferential payments.
-Represented Hewlett-Packard’s procurement division through H-P Legal, including drafting and negotiating master service agreements and statements of work consistent with HP’s internal policies in the areas of telecom, advertising/marketing, equipment leases, web/internet services, electronic system design, information services (credit information providers), and electronic information exchange. Agreements included in/out licensing, indemnity, assignment, limitation of damages, security, NDA’s, works of authorship/inventions and intellectual property provisions.
-Provided due diligence, analysis and review of transactional documents in connection with various mergers and acquisitions, including corporate minutes and resolutions, employment, confidentiality agreements, non-competition agreements, purchase agreements, warranties and representations and other material contracts.
 
Associate Attorney
Law Offices of Robert N. Burmeister, Jr., Redwood City, CA (July 1991 – December 1995) 
General civil practice including litigation, real estate and trusts and estates.
 
Education

Santa Clara University School of Law -Juris Doctor, 1991
Santa Clara University -B.S.C., Marketing, 1985
Member California State Bar, Admitted 1992
 
 
Related keyword: litigation, claims, construction, contractor, arbitration, FIDIC, subcontractors, disputes, drafting

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