Kelley Barnaby is a senior associate in the Litigation & Trial Practice Group, focusing her practice on commercial business litigation, including litigation arising from intellectual property rights, contract claims and unfair competition claims. She has represented clients in a variety of industries, including telecommunications, U.S. Food and Drug Administration-regulated entities, and energy.
Kelley has extensive litigation experience representing clients as both plaintiff and defendant, in state and federal court, as well as arbitration. Kelley’s litigation and trial experiences include witness preparation for deposition and jury trial, defending depositions, arguing for directed verdict, and appearing for a multi-day charge conference. She has significant experience in managing all aspects of e-discovery, from collection, to review, to production.
After law school, Kelley clerked for the Honorable John G. Heyburn II in the Western District of Kentucky. She received her J.D. from Vanderbilt University Law School and was elected to the Order of the Coif. While at Vanderbilt, she served as the executive administrative editor of the Vanderbilt Journal of Transnational Law, was a recipient of the Scholastic Excellence Award in Legal Writing and Contracts, and was a semi-finalist in the Vanderbilt Intramural Mock-Trial Competition. Kelley earned her A.B. in government and psychology from Dartmouth College.
- Core member of trial team representing an international baby products company in state and federal district court litigation regarding breach of contract, Lanham Act and unfair trade practices claims. Kelley participated in two-week jury trial, with primary responsibility for the jury charges and designated deposition testimony.
- Lead associate for a construction materials company in multi-million dollar breach of contract dispute in state court. Kelley handled all aspects of discovery, motion practice, and trial preparations. Case settled favorably shortly before trial.
- Counsel for the plaintiff in a substantial theft of trade secrets case related to an industrial manufacturing process, which resulted in a unanimous arbitration award exceeding $40 million. Core member of trial team during a five-week hearing before a panel of three arbitrators, and subsequent post-hearing briefing.
- Lead associate representing a drug and cosmetic packager as plaintiff in a breach of contract and tortious misrepresentations case filed in federal court.
- Counsel to pharmaceutical company in responding to FDA-483 observations.
- Senior associate representing a telecommunications company in class action litigation regarding alleged consumer protection violations.
- Counsel for special committee of the board of directors of a publicly-traded company in response to a proxy contest initiated by a minority shareholder group. Lead associate responsible for briefing and coordinating case management across three offices in litigation against the minority shareholder group for violations of Section 13(d) of the Securities Exchange Act of 1934, as well as the company’s bylaws. Secured successful settlement with an agreement by the minority group to terminate their proxy contest.
- Lead associate representing a packaging company in a breach of contract dispute, which settled favorably following summary judgment and Daubert motion briefing.
- Counsel for a Fortune 50 computer company in a fraud and breach of contract case. Case settled shortly before trial.
- Counsel in a Georgia state court appeal regarding the jury award in an insurance contract dispute.
- Advised online retailer regarding multi-state advertising regulatory schemes.
An Alston & Bird team led by Washington, D.C. corporate transactions and securities partner Keith E. Gottfried represented the special committee of the board of directors of publicly traded New Frontier Media, Inc., in its sale to LFP Broadcasting, LLC. New Frontier, based in Boulder, Colorado, is a leading provider of transactional television services and distributor of general motion picture entertainment.
November 28, 2012
In the Press
March 22, 2013
This advisory discusses an FDA Warning Letter that was issued to a dietary supplement manufacturer because, among other violations, the company “liked”—a function unique to Facebook that is utilized by a user simply clicking a button underneath the post—a post on its Facebook wall that was posted by a consumer.
March 5, 2013
This special edition of the FDA Monitor provides an analysis on the recent Friedman v. Sebelius decision that effectively expands the Park Doctrine’s reach by authorizing exclusion from federal healthcare programs based on “Responsible Corporate Officer” misdemeanor convictions for violations of the FDCA.
Note, "Improved Drafting as a Means for Increasing the Consistency of Interpretation of Bilateral Investment Treaties," 40 Vanderbilt Journal of Transnational Law 1579 (November 2007).