Kelley Connolly Barnaby

• Core member of the 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. Participated in the two-week jury trial, with primary responsibility for the jury charges and designated deposition testimony. 
• Counsel for a construction materials company in a multimillion-dollar breach of contract dispute in state court. Kelley handled all aspects of discovery, motion practice, and trial preparations. The 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 the trial team during a five-week hearing before a panel of three arbitrators. 
• Counsel to a leading technology company in the prosecution of antitrust claims over the price-fixing of computer component parts.
• Represented a telecommunications company in class action litigation and several individual actions regarding alleged violations of the Telephone Consumer Protection Act.
• Counsel for several companies in the residential mortgage industry in investigations conducted by the Department of Justice and Consumer Financial Protection Bureau (CFPB).
• Represented a Fortune 1000 company in connection with a sophisticated cyber threat actor. Advised on the crisis response effort, including domestic and international regulatory issues and insurance coverage issues.
• Counsel to a health insurance company in state bid protests and state-court appeals arising from the protest.
• Represented a health care payments company regarding a system breach. Advised on domestic regulatory issues.
• Represented a private university regarding a data breach. Advised on domestic and international regulatory issues.
• Counsel to a major financial institution. Advised on potential litigation strategies for data breaches involving payment card networks.
• Represented a drug and cosmetic packager as plaintiff in a breach of contract and tortious misrepresentations case filed in federal court. 
• Counsel to a pharmaceutical company in responding to FDA-483 observations. 

Kelley Barnaby is a senior associate with the Litigation & Trial Practice Group, focusing her practice on consumer protection and unfair competition litigation and counseling, including private litigation and government investigations regarding antitrust, data privacy, False Claims Act, and CFPB enforcement matters. She has represented clients in a variety of industries, including financial services, telecommunications, and U.S. Food and Drug Administration-regulated entities.

Kelley has extensive litigation experience representing clients as both plaintiff and defendant in state and federal court, arbitration, and in front of state regulators. Kelley’s litigation and trial experience includes witness preparation for deposition and jury trial, taking and defending depositions, and arguing motions. She has significant experience in managing all aspects of e-discovery, from collection to review to production. Kelley was honored with the 2015 Burton Award for Legal Achievement for co-authoring “Cybersecurity: What Directors Need to Know in an Era of Increased Scrutiny.”

After law school, Kelley clerked for the Honorable John G. Heyburn II in the Western District of Kentucky. 

Bar Admissions

• District of Columbia
• Georgia

Education

• Vanderbilt University (J.D., 2008)
• Dartmouth College (A.B., 2005)