Jennifer Keighley

Senior Associate

New York

Jennifer represents clients in appellate and trial-level litigation in federal and state courts across the country. She focuses on dispositive motions and high stakes appeals, with a particular focus on the financial services industry.

Jennifer has co-authored numerous briefs and dispositive motions in federal and state courts of appeals and trial courts, and at both the certiorari and merits stage in the U.S. Supreme Court. Her experience covers a wide range of substantive areas, including constitutional law and statutory interpretation, labor and employment, intellectual property, healthcare law, privacy law, class action defense, and complex commercial litigation. She has deep expertise in appeals and critical motions in financial services litigation, including representing financial institutions in major RMBS cases and in putative and certified class actions. Jennifer also maintains an active pro bono practice focusing on the areas of immigrant and women’s rights.

Prior to joining Orrick, Jennifer was a Staff Attorney at a national nonprofit. While there she participated in all aspects of litigation, arguing and briefing dispositive motions and examining witnesses at trial. Jennifer graduated from Yale Law School, where she was an Editor on the Yale Law Journal. Immediately following law school, she served as a law clerk to Judge Kim McLane Wardlaw of the United States Court of Appeals for the Ninth Circuit.

  • Financial Services Industry

    • Represent Credit Suisse in lawsuits brought by RMBS trustees; briefed important RMBS appeals in the New York Court of Appeals involving significant questions of contract law.
    • Briefed dispositive motions in federal district courts in California on behalf of mortgage servicer in putative and certified class actions alleging fraud and breach of contract claims, significantly narrowing the scope of one action.
    • Represented financial services company in appeal of the denial of its motion to compel arbitration in the California Court of Appeal.
    • Represented mortgage servicer in California state court lawsuit alleging fraud and breach of contract claims against vendor, resulting in favorable settlement.

    Other Engagements

    • Broadband ITV v. OpenTV: Argued and won appeal in California Court of Appeal on behalf of technology company on issues of contract interpretation.
    • Unicolors v. H&M: Obtained victory on behalf of fabric designer in U.S. Supreme Court merits case regarding a question of statutory interpretation of the Copyright Act.
    • Fox v. Netflix: Briefed appeal in California Court of Appeal on behalf of Netflix in case regarding alleged employee poaching and the enforceability of employment contracts.
    • Naim v. Union Carbide: Obtained victory in Delaware Supreme Court in products liability wrongful death action.
    • Represented global technology company in petition for certiorari before the U.S. Supreme Court regarding the calculation of damages in patent dispute.

    Pro Bono Matters

    • Served as counsel of record in merits-stage U.S. Supreme Court amicus briefs regarding Chevron deference afforded to immigration decisions and the constitutionality of the death penalty.
    • Served as lead drafter in U.S. Supreme Court cert-stage amicus brief in case regarding excessive force, which the Court granted, vacated, and remanded.
    • Led teams drafting amicus briefs in merits-stage Supreme Court cases regarding restrictions on access to abortion.
    • Represented multiple immigration clients in proceedings before the U.S. Courts of Appeal of the Ninth and Fifth Circuits.
    • Obtained favorable result in Fifth Circuit appeal regarding the constructive denial of an abortion facility’s license.