LAWYER
Kathleen N. Massey
Partner | New York
Kathleen N. Massey

Kathleen Massey focuses primarily on complex litigation, including high-profile securities and commercial litigation matters involving allegations of fraud, breach of contract, breach of fiduciary duty, and related wrongdoing. 

Ms. Massey has represented public and private companies, as well as directors and officers, in cases brought in federal and state courts, as class, individual and SEC enforcement actions. She has tried civil matters and argued appeals in federal and state court; she has handled numerous arbitrations, mediations and investigations; and she regularly advises clients on litigation-related risks inherent in corporate transactions and on whistleblower issues.

Ms. Massey also teaches as a Lecturer in Law at Columbia Law School, and she serves as Chair of the Rules Subcommittee of the American Bar Association Special Masters Committee.

Firm Leadership Roles
Managing Partner, New York Office (2015-2022)
Member of Dechert’s Firmwide Partner Promotion Committee (2013-2017)
Member of Steering Committee for Dechert’s Global Women’s Initiative (2013-2017)
Chair, Dechert Women’s Committee, New York (2006-2017)
Co-Chair of Dechert Women’s Committee, Firmwide (2008-2012)
Co-Chair of Dechert Associate Development, White Collar and Securities Litigation Group (2010-2012)
Dechert Law School Hiring Partner, Firmwide (2004-2006)
Dechert Hiring Partner, New York (2003-2005)

  • Representing global technology company named as a defendant in multiple federal actions, including class actions, that involve cutting edge immunity issues under Section 230 of the Communications Decency Act for content sharing platforms that host material created and uploaded by third parties. Obtained dismissal of three actions and claims by 35 plaintiffs, including two putative class representatives.
  • Representing majority shareholders in direct and derivative litigation commenced by minority shareholder seeking dissolution and asserting breach of fiduciary duty and related claims.
  • Served as the Special Master appointed by the U.S. District Court for the Southern District of New York for the purpose of resolving disputes about distributions from a US$2 billion fund established to compensate victims of Iranian-sponsored terrorism and their families.
  • Represented Symbol Technologies, Inc., and certain former officers and directors, in a federal class action alleging violations of federal securities laws.
  • Representing numerous parties involved in corporate transactions where advice on issues relating to disclosure, indemnification, risk allocation and dispute resolution are of paramount importance.
  • Successfully defended Entretenimiento GM de Mexico S.A. de C.V. at trial in federal court on breach of contract claims by affiliates of AMC Entertainment, Inc. arising out of the purchase of a group of Mexican cinemas.
  • Obtained dismissal of securities enforcement litigation in federal court on behalf of an officer of GAMCO involving allegations arising out of market timing, having previously argued an appeal in this matter before the Second Circuit Court of Appeals and obtained a favorable ruling from the U.S. Supreme Court. 
  • Represented the independent directors of Lehman Brothers Holdings Inc. in various litigation matters, including securities and ERISA claims, and FINRA arbitration, arising out of the LBHI bankruptcy.
  • Represented the former Chairman and Chief Executive Officer of Bear Stearns Asset Management in connection with arbitrations, class action securities litigation, derivative litigation, and FINRA arbitrations, arising out of the collapse of two hedge funds.
  • Obtained dismissal of action in New York State court on behalf of Prelude Capital Partners, LLC, brought by an indirect investor in a hedge fund managed by the defendant.
  • Represented OppenheimerFunds, Inc. in connection with numerous federal and state actions, including securities class actions, and a state AG investigation, arising from fraud perpetrated by Bernard L. Madoff.
  • Represented Pacific Life Insurance Company in a class action concerning market timing that was litigated in state and federal court, including the U.S. Supreme Court, and in related SEC and state AG investigations.
  • Represented an officer of a real estate development and management company in business tort action in New York State court, at trial and appellate levels, relating to commercial lease. 
  • Represented Allied Waste Industries in a three-week federal jury trial in Boston involving claims of breach of contract and fraud, and violation of the MA consumer protection statute, a three-week federal jury trial in New York involving a claim of breach of contract, injunction proceedings in federal and state court, and numerous additional matters arising out of acquisitions.
  • Represented Internet Capital Group and certain officers in a complex commercial action in federal court in Maine, including allegations of securities fraud and breach of fiduciary duty in connection with a merger.
  • Represented a European pharmaceutical company in arbitration before the ICC International Court of Arbitration and in federal court arising out of a license agreement with a U.S. company.
  • Represented the Promus Companies in a five-month federal jury trial in New Jersey and an appeal to the Third Circuit involving claims of securities fraud, common law fraud, and breach of fiduciary duty in connection with the purchase of a partnership interest in Harrah’s Casino.
  • Represented MedE America Corporation in a variety of contested matters, including a one-week arbitration proceeding arising out of the sale of assets.
  • Represented Welsh, Carson, Anderson & Stowe and its partners in numerous litigated and other matters that involved securities fraud, contract and fiduciary duty issues.
  • Represented a major insurer in a dispute concerning credit default swaps relating to synthetic collateralized debt obligations.
  • Represented a large asset manager in an internal investigation regarding their fiduciary duties in relation to alleged fraud concerning securities purchased on behalf of clients.
  • Represented a gaming company in a multifaceted investigation of whistleblower claims and a related regulatory review.
  • Represented clients in numerous other government and internal investigations concerning a wide variety of issues.
  • Representing a global technology company in multiple federal actions, including class actions, that involve cutting edge immunity issues under Section 230 of the Communications Decency Act for content sharing platforms that host material created and uploaded by third parties.
  • Playing to Win: The Leadership and Presentation Skills You Need to Master Today — NYSBA 2017 Annual Meeting, Thirteenth Annual Edith I. Spivack Symposium, New York, NY (January 24, 2017)
  • Women's Group Event ~ Working Together: Simple Strategies for Effective Collaboration with Outside Counsel — Presented by ACC GNY with sponsorship by Dechert LLP, New York, NY (October 14, 2015)
  • Ethics Marathon — Presented by ACC GNY with sponsorship by Dechert LLP, New York, NY (April 1, 2015)
  • Women's Group Program: How to Make Sponsorship Work for You — Presented by ACC GNY with sponsorship by Dechert LLP, New York, NY (December 2, 2014)
  • Enforcement 2015 – New Priorities, Initiatives and Latest Developments — RCA's Compliance, Risk & Enforcement 2014 Symposium, New York, NY (November 4, 2014)
  • New FCPA Guidance and Key Take-Away's from 2012 FCPA and UK Bribery Act Enforcement: Assessing Your Company's Risks, Implementing Effective Internal Controls and Best Practices — ACC America -Greater New York Chapter, New York, NY (December 10, 2012)
  • New Whistleblower Liability Impacting Asset Managers — Regulatory Compliance Association, Chief Compliance Officer University (April 1, 2012)
  • Effectively Responding to Whistleblower Claims in a New Era of Enforcement — Presented by Association of Corporate Counsel Greater New York Area with sponsorship by Dechert LLP, New York, NY (July 14, 2011)
  • Financial Reform: Impact on Investment Advisers, and Changes at the SEC —Boston Bar Association, Boston, MA (September 23, 2010)
  • Mitigating Litigation and Enforcement Risk: Lessons from Recent Events — (May 1, 2009)
  • Securities Litigation: Strategies for Grappling with Emerging Challenges — (September 1, 2006)
Services
    • Colby College, B.A., 1982, with Honors
    • University of Pennsylvania Law School, J.D., 1988, with Honors, Editor of the University of Pennsylvania Law Review, Wilson Fellow and Olin Fellow in Law and Economics, recipient of the Benjamin R. Jones Award for Humanity and Law
    • New York
    • New York State Court
    • Supreme Court of the United States
    • United States Court of Appeals for the Second Circuit
    • United States Court of Appeals for the Seventh Circuit
    • United States Court of Appeals for the Ninth Circuit
    • United States District Court for the Eastern District of New York
    • United States District Court for the Southern District of New York