Kelly Kszywienski assists clients in resolving a broad range of commercial disputes through litigation, arbitration, and mediation. Her practice focuses on disputes involving the Arizona Securities Act, the Securities and Exchange Act of 1934, the PSLRA, broker-dealers, investment advisers, D&O liability, the financial services industry, commercial contracts, business torts, and books and records requests.
Kelly has assisted her clients in obtaining dismissal of claims through successful motion practice, resolving claims through negotiations and mediation, and obtaining favorable judgments, including a $3.5 million arbitration award on a breach of contract claim plus full recovery of attorneys' fees, and a judgment for a pro bono client from an Arizona state agency and against a licensed contractor.
Education
- University of Toledo College of Law (J.D., Valedictorian, summa cum laude, 2007)
- Editor-in-Chief, The University of Toledo Law Review
- Dean's Award for Distinguished Achievement and Service
- Order of the Coif
- Phi Kappa Phi Honor Society
- SBA Student Involvement Award
- University of Connecticut (B.A., Political Science, 1997)
Court Admissions
- Supreme Court of Arizona
- United States District Court, District of Arizona
Professional Memberships & Activities
- American Bar Association
- Litigation Section, Commercial & Business Litigation Committee
- Assistant Editor, Committee Newsletter
- Securities Litigation Committee, Member
- Litigation Section, Commercial & Business Litigation Committee
- State Bar of Arizona
- Federal Bar Association
- Maricopa County Bar Association
- Arizona Association of Defense Counsel
Representative Presentations & Publications
- Litigation Training: Injunctions, Presenter (February 25, 2010)
- Shareholder Derivative Litigation Essentials, Presenter (April 22, 2009)
- Roadblock in the Search for Truth: What are a Criminal Prosecutor's Constitutional and Ethical Obligations When the Evidence Supports Multiple, Inconsistent Theories of a Crime? Author, 37 U. TOL. L. REV. 1111 (2006)
Community Involvement
- Volunteer Lawyers Program
- Homeless Legal Assistance Project
- Homeward Bound
Other Professional Experience
- Jones Day, Summer Associate, Columbus, Ohio
- Domestic Violence Fatality Review Project, Extern, Toledo, Ohio
- U.S. District Court for the Northern District of Ohio, Extern to The Honorable David A. Katz
- United States Attorney's Office, Northern District of Ohio, Extern
