Garland A. Kelley
- Mr. Kelley began his legal practice at Cravath, Swaine & Moore in New York, from 1999 through 2002. He was admitted to the New York bar in 2000, and to the California bar in 2003. In California, Mr. Kelley was an associate at Irell & Manella prior to joining Glaser Weil.
- Mr. Kelley earned his law degree from Columbia Law School, his master’s degree from Claremont Graduate University, and his bachelor’s degree from Rice University.
- Prior to practicing law, Mr. Kelley was a management consultant with Accenture for 8 years, working primarily on matters in Malaysia, Indonesia and Argentina.
Glaser Weil is California’s powerhouse law firm for critical matters, complex business disputes, strategic corporate needs, high-profile or highly-publicized matters – where shaping the law and reaching the right result matters. Among other recognition:
- Benchmark Litigation ranked Glaser Weil’s Litigation Department as “highly recommended,” one of only a small handful of law firms in California at this elite level.
- Benchmark also awarded Mr. Kelley an “Impact Case of the Year” award for the Schnatter v. Papa John’s matter that went to trial in Delaware Chancery court. A demonstration of the firm’s national reach, it is notable that this “Impact” award went to a California recipient for a significant Delaware court decision.
- As Co-Chair of the Firm's Crisis Management Group Mr. Kelley demonstrated his and the firm’s ability to handle multiple – and simultaneous – legal, regulatory and public relations battles across multiple jurisdictions.
- U.S. News also ranked Glaser Weil on its “2019 Best Law Firms” list
- The Firm’s Crisis Management & Response Group has been at the center of national and international disputes that affected the markets in the United Arab Emirates and London.
Jury and bench trials to verdict in complex commercial, corporate, securities, intellectual property and statutory matters.
Investigation of reverse factoring / supply chain financing, including significant issues regarding oversight and legal consequences.
Defense of numerous clients in securities-related litigation, including complex class action and derivative lawsuits.
Defense of numerous complex, multi-jurisdictional matters resisting preliminary injunctions / TRO’s in connection with mergers, acquisitions or going-private transactions.
Investigation or defense of “options backdating” issues involving public companies or senior executives, including civil and criminal matters.
Defense of multiple state court lawsuits regarding potential application of California statute regulating “investigative” reports, resulting in published appellate court decision.
Defense of multi-jurisdictional securities matters arising out of large-scale municipal bond defaults, resulting in two published appellate court decisions (state and federal).
Defense or prosecution of complex statutory, common law and transnational matters.
Represented corporation in Section 16(b) short-swing profits matter (see more).
Key Decisions and Settlements
NMC HEALTH – When comments by short sellers prompted a sharp decline in the share price of NMC Health, the NMC Board of Directors established an “Independent Review Committee” who engaged our Crisis Management Group to conduct an investigation. The investigation identified significant issues related to NMC’s financials – leading to the termination of the CEO and several Board members. NMC is based in Dubai and traded on the London Stock Exchange, and regulators in London and the UAE then commenced significant investigations.
JOHN SCHNATTER (“PAPA JOHN”) – Represent Papa John in numerous lawsuits, including class action litigation, Danker, et al. v. Papa John’s International, Inc., et al., No. 18-cv-7927 (S.D.N.Y.) filed in federal court in New York, and the matter Schnatter v. Papa John’s International, Inc., C.A. No. 2018-0542-AGB (Del. Ch.), in which the Delaware Chancellor ruled that the Company must give Mr. Schnatter numerous documents, a ruling which came after a full trial on the matter.
DOLE FOOD COMPANY – Represented Dole Food Company in the matter Donoghue v. Murdock, 2013 U.S. Dist. LEXIS 110605 (Aug. 6, 2013) (S.D.N.Y.), filed in the Southern District of New York filed pursuant to Section 16(b) of the Securities Exchange Act of 1934 related to alleged short-swing profits.
KFC CORPORATION – Represented KFC in the matter KFC Natl. Council and Advertising Coop., Inc. v. KFC Corp., 2011 Del. Ch. LEXIS 17 (Jan. 31, 2011) (Del Ch.), and related advice regarding critical business and intellectual property issues.
OPENGATE CAPITAL GROUP LLC – Represented global private investment firm in litigation in New York state court, related to acquisition of Maxim magazine. Obtained summary judgment in lieu of complaint and significant settlement.
SANJAY SHARMA – Represented an individual defendant in the matter Bergstein, et al. v. Stroock & Stroock & Lavan, et al., related to the purchase and sale of the Miramax film library; obtained complete dismissal of all claims via anti-SLAPP motion and significant attorneys’ fee award.
WYNN RESORTS, LIMITED – with Robert Shapiro, represented the Company and various board members in numerous state and federal lawsuits relating to alleged offenses committed against the Company by one of its directors and largest shareholders, with regard to matters in the Philippines, Japan and Macau.
GUESS?, INC. SPECIAL COMMITTEE OF BOARD OF DIRECTORS – with Patty Glaser, represented Special Committee that investigated allegations of improper conduct by Mr. Paul Marciano, Executive Chairman and Chief Creative Officer of the Company. As a result of the investigation, Mr. Marciano notified the Board of his decision to resign as Executive Chairman of the Board, and that following the expiration of his employment agreement, all of his former duties and responsibilities will be undertaken by a successor.
TRAMMELL CROW COMPANY – represented Trammell Crow and related entities in litigation filed in L.A. County Superior Court regarding a real estate venture. Prevailed at summary adjudication on virtually all claims, thereafter persuading the Court to rule in our favor as to the remaining issue as a matter of law, avoiding the need for a jury trial.
CAIN BROTHERS & COMPANY – with Patty Glaser, represented investment banking and financial advisory firm in litigation related to multi-state, multi-facility bond transaction and swap contract with Lehman Brothers.
KEITH OLBERMANN – with Jill Basinger, represented Keith Olbermann and Olbermann Broadcasting Empire, Inc. in $50 million breach of contract lawsuit against Current TV – founded by Al Gore and Joel Hyatt, and later sold to Al Jazeera – regarding Mr. Olbermann’s full editorial control over “Countdown with Keith Olbermann.” The parties reached a confidential settlement. Press reports said Mr. Olbermann will receive “a significant payout from Current.”
IN RE RAMBUS DERIVATIVE LITIGATION and J. KELLEY V. RAMBUS (Geoff Tate) – In re Rambus Inc. Deriv. Litig., 2009 U.S. Dist. LEXIS 131845 (Jan. 20, 2009) (N.D. Ca.) (Settlement) J. Kelley, et al. v. Rambus, Inc., et al., 2008 U.S. Dist. LEXIS 100319 (Dec. 9, 2008) (N.D. Ca.) J. Kelley, et al. v. Rambus, Inc., et al., 2008 U.S. Dist. LEXIS 120042 (Apr. 17, 2008) (N.D. Ca.) J. Kelley, et al. v. Rambus, Inc., et al., 2007 U.S. Dist. LEXIS 81616, (Oct. 15, 2007) (N.D. Ca.)
MAXIM INTEGRATED PRODUCTS SECURITIES LITIGATION (John Gifford) – In re Maxim Integrated Products, Inc. Securities Litig., 639 F. Supp. 2d 1038 (July 16, 2009) (N.D. Ca.) Hannan v. Maxim
LATTICE SEMICONDUCTOR SECURITIES LITIGATION (Ronald Hoyt) – In re Lattice Semiconductor Corp. Securities Litig., 2006 U.S. Dist. LEXIS 262 (Jan. 3, 2006) (D. Ore.)
CBIZ / IN RE HERITAGE BOND SECURITIES LITIGATION – Talley v. Valuation Counselors Group, Inc., 191 Cal. App. 4th 132 (Dec. 22, 2010) (Cal. App.) In re Heritage Bond Litig., 546 F.3d 667 (Oct. 1, 2008) (9th Cir.)
ARCHSTONE-SMITH TRUST – Ortiz v. Lyon Mgmt. Group, Inc., 157 Cal. App. 4th 604 (Dec. 3, 2007) (Cal. App.)