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Kelly A. Kszywienski

Kelly A. Kszywienski

Partner| Phoenix


Kelly Kszywienski assists clients in resolving complex commercial disputes, disputes involving governmental entities and appeals. In her commercial practice, Kelly has represented individuals, financial institutions and business entities in disputes involving commercial contracts, business torts, and various state and federal statutory schemes, including state corporate codes, consumer protection statutes, the Arizona Limited Liability Company Act, the Arizona Securities Act, the Securities and Exchange Act of 1934, the PSLRA, the Uniform Commercial Code and the Fair Credit Reporting Act.

Kelly’s governmental practice has included disputes regarding the validity and construction of state and federal statutes and claims arising under the Arizona and U.S. Constitutions, with a primary emphasis on disputes involving the Supremacy Clause, the First Amendment, the Fourth Amendment and the Equal Protection Clause.

In her appellate practice, Kelly has been involved in numerous appeals before the Ninth Circuit Court of Appeals, state courts of appeal and state supreme courts. Kelly has also represented the interests of amici curiae and participated in a merits case before the United States Supreme Court.

  • 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
    • Highest-Ranking Student Award: Torts, Contracts I, Business Associations, Federal Tax
    • SBA Student Involvement Award
  • University of Connecticut (B.A., Political Science, 1997)
  • American Bar Association
    • Appellate Practice Committee
    • 2014 Section Annual Conference Committee, Co-Chair
    • Commercial & Business Litigation Committee
      • Editor-in-Chief, Committee Newsletter (2010-2012)
        • Honorable Mention, Best Newsletter (2010-2011)
        • Honorable Mention, Editor (2009-2010)
    • Securities Litigation Committee
  • State Bar of Arizona
    • Appellate Practice Section
  • Federal Bar Association
  • Arizona Association of Defense Counsel
  • "The Sell Decision: Aiding, Abetting Liability Not Included," Co-Author, Arizona Attorney Magazine (February 2014)
  • "Standing in Litigation," Presenter, Outdoor Advertising Association of America Legal Seminar (2012)
  • "The Benefits, Pitfalls of Establishing Your Business as an LLC," Co-Author, Ahwatukee Foothills News (June 20, 2012)
  • "Litigation Training: Injunctions," Presenter (2010, 2011, 2012)
  • "The Effect of Corporate IT Policies on Otherwise Privileged Communications," Co-Author, Trial.com (2010)
  • "Shareholder Derivative Litigation Essentials," Presenter (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)
  • Southwest Super Lawyers®, Business Litigation (2017-2018)
    • Rising Stars Edition (2014-2016)
  • Homeward Bound
    • Snell & Wilmer Homeward Bound Committee, Co-Chair
    • Family Advocate
  • Valley of the Sun United Way, Women’s Leadership Council
  • Volunteer Lawyers Program
  • Homeless Legal Assistance Project
  • 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
  • Arizona
  • Supreme Court of Arizona
  • United States District Court, District of Arizona
  • United States Court of Appeals, Ninth Circuit
  • United States Supreme Court