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Jennifer Keighley

Partner

New York Office

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, securities litigation, 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.

While at Orrick, Jennifer has argued and won two appeals. She argued and won an appeal on behalf of OpenTV raising issues of contract interpretation in the California Court of Appeal. She also argued and won an appeal on behalf of an immigration client seeking relief under the Convention Against Torture in the U.S. Court of Appeals for the Ninth Circuit.

Prior to joining Orrick, Jennifer was a Staff Attorney at a national nonprofit and an associate at a boutique firm. In her prior roles, she participated in all aspects of litigation, arguing and briefing dispositive motions, examining multiple witnesses at trial, and taking depositions of both fact and expert witnesses. 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

    • Briefed important RMBS appeals in the New York Court of Appeals involving significant questions of contract law that resulted in precedent-setting victory for Credit Suisse that vastly limited the scope of the action, and that will have a monumental impact on much of the still-pending RMBS repurchase litigation in New York Courts. The Orrick team members were named Litigators of the Week by The American Lawyer for this win.
    • Briefed motion for decertification on behalf of mortgage servicer in federal district court in California that resulted in a complete victory for client. The motion for decertification was based on the U.S. Supreme Court’s decision in TransUnion v. Ramirez. The court decertified a borrower class action seeking $210 million in damages under RICO and other claims that was otherwise imminently headed for trial.
    • Representing Credit Suisse in multiple lawsuits brought by RMBS trustees, briefing dispositive motions and appeals in New York state courts.
    • Briefed multiple pre-trial motions on behalf of Credit Suisse in securities action in New Jersey Superior Court headed for trial.
    • Representing Goldman Sachs, JPMorgan and other underwriters of initial and secondary offerings in multiple securities class actions alleging misrepresentations in the relevant offering documents.
    • 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 Key Engagements

    • Broadband ITV v. OpenTV: Argued and won appeal in California Court of Appeal on behalf of technology company on issues of contract interpretation.
    • Calmo Mendoza v. Garland: Argued and won appeal in U.S. Court of Appeals for the Ninth Circuit for immigration client seeking relief under the Convention Against Torture.
    • 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.
    • Genius v. Google: Representing technology company Genius in petition for certiorari before the U.S. Supreme Court regarding the Copyright Act’s preemption of breach of contract claims.
    • 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.
    • Drafted brief in opposition to petition for certiorari in U.S. Supreme Court in case challenging award of attorneys’ fees, successfully fending off certiorari.
    • Led teams drafting amicus briefs in merits-stage Supreme Court cases regarding restrictions on access to abortion.
    • Obtained favorable result in appeal in the U.S. Court of Appeal for the Fifth Circuit regarding the constructive denial of an abortion facility’s license.
    • Represented abortion clinic in proceedings challenging constitutionality of state statute in federal district court in Kentucky and before the U.S. Court of Appeals for the Sixth Circuit.

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