Kelly A.Carrero

Partner

New York + 1.212.326.8391

Kelly Carrero has more than 20 years of experience handling litigation, regulatory, and internal investigation matters. Her practice focuses on representing financial institutions, funds, corporations, and individuals in matters involving lending, securities, and other complex financial transactions, including commodities, futures, derivatives, RMBS, CDS, CDOs, CLOs, ETFs, and foreign currency transactions.

Kelly has represented BNP Paribas, Citigroup, Deutsche Bank, Goldman Sachs, JPMorgan, RBS, Wells Fargo, and various Lehman entities. She has handled matters in federal and state courts throughout the United States and before the SEC, FINRA, CFTC, and other federal and state regulatory authorities. She also provides prelitigation advice on documentation and risk mitigation, including in connection with ISDA-documented transactions. Recent representations have involved a wide range of issues including lender liability, ESG, cross-border, FCPA, and pricing benchmarks. She has represented clients in cases involving claims arising under securities laws, antitrust, CEA, RICO, contract, and tort law claims.

Prior to practicing law, Kelly was an NASD Series 7 registered representative and worked at Goldman Sachs. In addition, she acquired significant financial institutions experience during a secondment at Deutsche Bank. Kelly has been recognized by Super Lawyers and Legal 500. She is a member of Women in Derivatives, the Securities Industry and Financial Markets Association, and the Derivatives & Structured Products Subcommittee of the New York State Bar Association.

Kelly is active with pro bono matters and has argued before the U.S. Court of Appeals for asylum petitioners. She co-heads the Firm's Hispanic lawyers' group and has served on committees for client affairs, recruiting, and diversity. She also has served on several boards, including a nonprofit theater company based in New York.

Experience

  • Harman International Industries defends securities class actionJones Day represents Harman International Industries, Incorporated and certain of its officers and directors in a securities fraud class action lawsuit pending in the District of Columbia.
  • Lehman Brothers Holdings seeks recovery of undisclosed asset value transferred in bankruptcy sale of broker dealerJones Day represents Lehman Brothers Holdings Inc. in an action to recover assets transferred to Barclays Capital Inc. when Barclays purchased the Lehman broker dealer business shortly after Lehman's bankruptcy filing in September 2008.
  • Deutsche Bank defends against lawsuit by Arco Capital CorporationJones Day represents Deutsche Bank AG in an action alleging misconduct in connection with an emerging market collateral loan obligation ("CLO"), which as a synthetic CLO involved credit default swap agreements in which Deutsche Bank was the CLO issuer's swap counterparty.
  • Chapter 7 Trustee of Anthracite Capital recovers in excess of $50 million for estateJones Day represented the Chapter 7 Trustee (the "Trustee") of Anthracite Capital, Inc. ("Anthracite") in its chapter 7 bankruptcy which filed on March 15, 2010 in the U.S. Bankruptcy Court for the Southern District of New York.
  • Citigroup defends against non-disclosure allegations concerning investment of subprime mortgage-backed securities in Falcon FundJones Day represented Citigroup Inc.; Citibank, N.A.; Citigroup Alternative Investments LLC; and Falcon Strategies Two LLC in seven causes of action based, among other things, on the allegations that the Falcon Fund was more heavily invested in subprime mortgage-backed securities than disclosed.
  • U.S. private bank defends foreign private litigation concerning sales and marketing of Collateralized Loan ObligationsJones Day is representing a U.S. private bank in connection with foreign private litigation concerning sales and marketing of Collateralized Loan Obligations (CLOs) to high net worth individuals.
  • Verint Systems acquires Witness Systems for $950 millionJones Day advised Verint Systems Inc. in its $950 million acquisition of Witness Systems, Inc.