The U.S. Supreme Court’s decision in Standard Fire Insurance Co. v. Knowles confirms that a plaintiff cannot avoid federal jurisdiction under the Class Action Fairness Act (“CAFA”) by stipulating that the class will seek less than CAFA’s $5 million amount in controversy threshold. READ MORE
Kelly M. Cullen
Kelly M. Cullen is the GOIC Director, U.S. Career Associate Lead, and a Senior eDiscovery Career Associate in Orrick's Global Operations & Innovation Center in Wheeling, W.Va. Kelly consults with Orrick attorneys and clients on eDiscovery strategy regarding matters in federal and state courts.
Kelly has broad experience in all stages of discovery. Her practice ranges from coordinating preservation to custodian selection, collection, search terms, written discovery, depositions, and discovery-related briefing as well as significant experience leading meet and confers on contentious privilege issues in MDLs and class actions. Kelly also regularly advises clients on preservation and production issues associated with cloud computing.
Kelly is a member of the Sedona Conference Working Group 1 Brainstorming Group on Rule 34 Specificity of Requests and regularly writes and speaks on discovery-related issues.
Prior to joining Orrick, Kelly worked as an associate at Jones Day focused on commercial disputes, class action defense, and data privacy issues. Before entering law school, Kelly participated in the Jesuit Volunteer Corps.
Posts by: Kelly Cullen
Second Circuit Holds No Substantive Right To Bring A Pattern-Or-Practice Title VII Claim
Reversing a denial of a motion to compel arbitration in Parisi et al. v. Goldman, Sachs & Co. et al., the Second Circuit held that a plaintiff does not have a substantive right to bring a pattern and practice claim under Title VII. The plaintiff at issue in Parisi alleged gender discrimination under Title VII, seeking to bring her claims on behalf of herself and a putative class of female Goldman Sachs employees. During her employment, the plaintiff signed a broad arbitration agreement, which covered her discrimination claims and did not contain a provision providing for class-wide arbitration. READ MORE