Charles J. Keeley

Partner

  • Charles J. Keeley
  • Phone: +1 212 404 8751

    Import to Address Book

  • Duane Morris LLP
    22 Vanderbilt
    335 Madison Avenue, 23rd Floor
    New York, NY 10017-4669
    USA

Charles J. Keeley has achieved high-profile victories for financial institutions and fiduciaries in some of the most intricate commercial litigations in New York federal and state courts.  He is a partner in Duane Morris’s Trial Practice Group in New York and an accomplished litigator representing multinational corporations, major financial institutions, trustees and other fiduciaries, investment advisors, directors and officers, real estate developers and entrepreneurs in high-stakes commercial disputes. His practice focuses on litigation in the areas of banking and asset management, fiduciary services and trusts and estate, securities, contracts, bankruptcy, claims under the federal and New York State False Claim Acts, and real estate. Mr. Keeley regularly represents financial institution trustees and other fiduciaries in defending against claims alleging breach of fiduciary duty and asset mismanagement. He also counsels clients on internal investigations and has defended them in regulatory inquiries by the U.S. Department of Justice, the New York State Attorney General’s Office, and other authorities.

Before entering private practice, Mr. Keeley served as a judicial law clerk to the Honorable John F. Keenan of the U.S. District Court for the Southern District of New York.  He began private practice as a litigation associate with Cleary Gottlieb Steen & Hamilton LLP in New York.

Areas of Practice

  • Commercial Litigation 
  • Financial Institution Litigation
  • Fiduciary & Trusts & Estates Litigation
  • Securities Litigation
  • Bankruptcy Litigation

Representative Matters

    Securities and Bankruptcy-Related Litigation

  • Successfully defended a major credit rating agency against claims by a bank concerning the rating of collateralized debt obligations.

  • Secured summary judgment for a trustee of commercial mortgage-backed securities in an action seeking over $25 million for alleged breaches of representations and warranties by the loan originator.

  • Advised a financial institution on proofs of claim against a major brokerage firm’s bankruptcy estate, recovering settlement payments tied to the termination of credit default swap agreements.

  • Defended the former CEO of a public company in a putative securities class action, achieving dismissal of the majority of claims and a favorable settlement.

  • Represented non-U.S. bank affiliates in securities class actions brought by offshore hedge fund investors; served as lead drafter of motions resulting in dismissal on forum non conveniens and personal jurisdiction grounds, with affirmance on appeal.

  • Pursued fraudulent conveyance claims on behalf of public pension funds against financial institutions that received $10 million in transfers from an insolvent hedge fund.

  • Served as lead drafter of an amicus curiae brief in the U.S. Court of Appeals for the Second Circuit, joined by over 60 financial institutions, asset managers, and trust companies, supporting affirmance of a district court ruling under Bankruptcy Code Section 546(e) to shield transfers by investment funds from avoidance in a notorious Ponzi scheme.

  • Represented a global banking group in litigation arising from a high-profile investment fraud insolvency; drafted key briefs leading to dismissal of common law claims by the trustee and affirmance on appeal.

  • Obtained a favorable FINRA arbitration award for a customer in a dispute alleging misconduct by a broker-dealer.

    • Fiduciary & Trusts & Estates Litigation

  • Represented an institutional trustee in contested account proceedings in New York County Surrogate’s Court asserting claims for breach of fiduciary duty and seeking damages in excess of $400 million. Obtained summary judgment dismissal of all claims and affirmance on appeal.
  • Defended a financial institution in trust litigation in New York County Surrogate’s Court involving multiple family trusts and seeking damages over $140 million. Obtained ruling on summary judgment that struck plaintiffs’ damages claims.

  • Represented an institutional trustee in Courtland County Surrogate’s Court against breach of fiduciary duty claims including failure to timely diversify a stock concentration and seeking damages over $10 million. Obtained summary judgment dismissal of all claims and award requiring plaintiff to pay our client’s attorney’s fees.

  • Defended a financial institution in trust litigation in the U.S. District Court for the Southern District of New York and obtained dismissal of claims.

  • Represented individual trustees of a charitable trust and obtained dismissal of objections by the NYS Attorney General’s office to the trustee’s authority under the trust agreement to remove and replace a co-trustee.

    • Banking Litigation

  • Achieved dismissal of claims against a broker-dealer seeking $15 million in damages for allegedly unauthorized securities sales.

  • Obtained dismissal of claims against correspondent bank alleging failure to properly process payment.

  • Won summary judgment for a bank dismissing claims related to $11 million in allegedly unauthorized wire transfers.

  • Advised co-lenders in responding to third-party subpoenas in litigation between a borrower and a municipality over a breached arena construction agreement.

  • Litigated on behalf of a credit card member bank to recover millions in merchant chargebacks from an independent sales organization.

    • General Commercial Litigation

  • Secured dismissal of claims seeking $250 million under the New York False Claims Act for a real estate development company.

  • Provides ongoing counsel to a leading credit rating agency on transactional matters involving contract law and state/federal public contracting regulations.

  • Successfully represented a limited partner in claims against a general partner for breach of partnership agreement and fiduciary duty, alleging wrongful delay of liquidation to inflate carried interest by over $9 million.
  • Successfully represented a real estate developer in breach of contract dispute against joint venturer in connection with multimillion dollar residential development.

    • Regulatory and Enforcement

  • Advised a bank during a U.S. Department of Justice and SEC investigation into compliance with Bank Secrecy Act anti-money laundering provisions.

  • Conducted an internal investigation for senior management of a public company regarding activist shareholder complaints about insider sales timing.

  • Led an internal investigation for an international shipping company concerning adherence to FCPA and OFAC regulations.

  • Represented a real estate investment company in dispute with the NYS Attorney General’s Office over priority of liens on multifamily Brooklyn property and negotiated a favorable resolution.

Admissions

  • New York
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of New York
  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the Second Circuit

Education

  • Fordham University School of Law, J.D. magna cum laude, 2007
    - Notes and Articles Editor, Fordham Law Review
    - Wilkinson Scholar
    - Order of the Coif
  • Le Moyne College, B.A., summa cum laude, 2004
  • Regis High School, 2000

Selected Speaking Engagements

  • Ethics CLE Panelist, “Risks Associated with a Mobile In-House Legal Workforce,” Association of Corporate Counsel for Westchester-Southern Connecticut, hosted by IBM in Armonk, New York, October 26, 2017

Experience

  • Duane Morris LLP
    - Partner, 2020-present
  • Satterlee Stephens LLP
    - Partner, 2017-2020
    - Associate, 2014-2017
  • Cleary Gottlieb Steen & Hamilton
    - Associate, 2009-2014
  • U.S. District Court for the Southern District of New York
    - Law Clerk to the Hon. John F. Keenan, 2007-2009

Honors and Awards

  • Listed in Super Lawyers Metro New York Rising Stars, 2015-2018