Overview
Marina Stefanova Kelly focuses on complex commercial litigation and government investigations. She represents clients in the healthcare, energy, financial services and technology sectors.
Marina’s experience includes matters in federal and state courts, including False Claims Act (FCA) litigation, attorney general actions, white-collar criminal defense, securities litigation, contract disputes and cases involving business torts and unfair business practices. She has managed all aspects of litigation, including fact investigation, discovery, motion practice, alternative dispute resolution and trial. She has also handled appeals and has presented oral argument before the US Court of Appeals for the Fifth Circuit.
In addition, Marina has worked on arbitrations before the American Arbitration Association (AAA), the Financial Industry Regulatory Authority (FINRA), and JAMS, and she has extensive experience with post-arbitration proceedings in federal court.
Marina’s experience also includes government investigations and regulatory matters. She has represented clients from a broad range of industries in investigations brought by the Department of Justice (DOJ), the Securities and Exchange Commission (SEC), the Federal Trade Commission (FTC) and state attorneys general.
Following law school, Marina served as a law clerk to the Honorable Jane J. Boyle in the US District Court for the Northern District of Texas.
Results
- Obtained dismissal of qui tam False Claims Act suit against pharmaceutical company related to product support services*
- Obtained dismissal of qui tam False Claims Act suit against hospital related to billing and coding practices*
- Obtained dismissal of derivative shareholder suit brought against hospitality company’s executives and directors*
- Obtained dismissal of real estate private equity investment company and related individuals and entities from suit asserting claims for fraud, false advertising, unfair competition, breach of contract, conversion, unjust enrichment, intentional interference with contractual relations and civil RICO violations*
- Obtained summary judgment for private equity investment company in suit alleging tortious interference with contract, breach of non-disclosure agreement, breach of contract and unjust enrichment*
- Secured preliminary injunction for technology company against former executive and his new company in dispute over trade secret misappropriation and breach of non-compete obligations*
- Represented insurance product independent marketing organization in multiple negligence and breach of contract suits nationwide and regulatory inquiries. Obtained partial dismissal of putative class action*
- Represented real estate private equity investment company in multiple breach of contract disputes in state district court, federal district court, and federal court of appeals*
- Represented owners of durable medical equipment company in federal criminal Anti-Kickback Statute case through trial*
- Represented subsidiary of Chinese-run aerospace corporation in proceedings against renewable energy investment company to vacate arbitration award*
- Represented hospitality company in securities putative class action litigation*
- Represented healthcare company in bankruptcy-related litigation to enjoin state attorney general actions*
- Represented hospital system in dispute over reimbursement of claims for medical services*
- Represented pharmaceutical company in attorney general investigation into alleged violations of antitrust and consumer protection laws*
- Represented hospitality company in SEC investigation into executive compensation and related party transaction disclosures*
- Represented renewable energy company in SEC investigation into accounting practices and related disclosures*
- Represented former CEO of retail company in SEC investigation into company’s accounting, reporting and controls*
- Represented institution of higher learning in DOJ investigation into allegations of False Claims Act violations*
*Matter handled prior to joining McDermott
Community
- Dallas Bar Association, member
- Dallas Women Lawyers Association, member
Credentials
Education
The University of Texas School of Law, JD, with honors, 2014
Georgetown University School of Foreign Service, BSc, magna cum laude, 2011
Admissions
Texas
Courts/Agencies
US Court of Appeals for the Fifth Circuit
US Court of Appeals for the Tenth Circuit
US Court of Appeals for the Eleventh Circuit
US District Court for the Eastern District of Texas
US District Court for the Northern District of Texas
US District Court for the Southern District of Texas
US District Court for the Western District of Texas
Languages
English
French
Bulgarian
