1735 Market Street
21st Floor
Philadelphia, PA 19103-7505
P: 215-772-7510
F: 215-772-7620
Biography
Kelly K. Huff is an associate in Montgomery McCracken’s Litigation Department. She focuses her practice on serving clients in the banking, financial services, healthcare, insurance, and cannabis industries. With a decade of business experience, Kelly provides a practical, consultative approach to succeeding in or avoiding litigation, including proactive risk management through sound compliance efforts.
Kelly has advised corporate clients on a variety of commercial and employment contract disputes, the Uniform Commercial Code, lender liability, fraud and unfair trade business practices claims, insurance coverage, consumer protection violations, and employment discrimination claims. She regularly represents companies in federal and state courts throughout Pennsylvania and New Jersey, including through trial. Kelly also has experience representing clients in bankruptcy court, including in adversary proceedings and contested plan confirmation hearings.
Kelly also counsels companies on navigating state and federal regulatory issues, including employment, employee benefits, and health care reform laws. Additionally, she works with companies in the emerging cannabis industry to evaluate challenges and considerations they are facing due to regulatory developments.
Prior to joining Montgomery McCracken, Kelly was an associate at an international law firm. Prior to her legal career, Kelly worked in the group insurance industry as an employee benefits consultant.
Selected Representations
- Defending a fraudulent transfer claim in the J&M Sales Inc. bankruptcy pending in Delaware
- Successfully obtained defense jury verdicts in favor of employers in multiple cases filed by active employees.
- Assisted in obtaining multi-million-dollar jury verdict on behalf of software engineering company in a complex breach of contract case in the District of Delaware
- Assisted in accelerated discovery and two-day evidentiary hearing on behalf of the Official Committee of Equity Security Holders in the Pyxus International, Inc. bankruptcy
- Won dismissal of a class action alleging violations of the Fair Debt Collection Practices Act and New Jersey debt collection laws on behalf of a national bank
- Successfully settled New Jersey consumer fraud case arising from allegations of inaccurate flood insurance policies on behalf of national bank, helping client to significantly mitigate damages and avoid class action
- Won appeal in the Superior Court of Pennsylvania on behalf of the appellant, a purchaser of a large commercial property, in obtaining a reversal of the trial court’s denial of a motion to strike
- Obtained affirmance of trial court judgment in favor of lenders and mortgage servicing companies in several consumer finance cases in the Superior Court of New Jersey, Appellate Division
- Favorably settled products liability / design defect claim on behalf of product distribution company
- Assisted in obtaining federal court summary judgment in favor of mortgage servicing company on five-count complaint, including Real Estate Settlement & Procedures Act, Federal Debt Collection Practices Act and defamation claims
- Won summary judgment for national bank in the U.S. District Court for the Eastern District of Pennsylvania in a multimillion dollar account embezzlement action involving allegations of breach of contract, negligence and violations of the Uniform Commercial Code (UCC)
Selected Publications
- Co-author, “Supreme Court of Pennsylvania Issues Ruling in Favor of Medical Marijuana Use and Legitimacy,” Cannabis Law Journal, July 2020
- Author, “NJ Amends State WARN Act to Give Employers Pandemic Flexibility,” April 2020
- Author, “Governor Wolf Announces Pennsylvania School and Non-Life-Sustaining Business Closure “Until Further Notice”,” March 2020
- Co-author, “DOL and IRS Issue Guidance and Temporary Rule on Paid Leave Under New COVID-19 Legislation,” April 2020
- Co-author, “Medical Marijuana Dispensaries are Deemed “Essential” During COVID-19 Outbreak,” March 2020
- Author, “UPDATE: PA Suspends Certain Medical Marijuana Regulations During COVID-19 Emergency,” March 2020
- Co-author, “Navigating A New Gauntlet: Pro Sports Leagues Adapt to Marijuana Legalization,” Sports Medicine and the Law, Spring 2020
- Author, “What The Federal Green Light On Hemp Means For Banks,” December 2019
- Author, “Federal Bank Regulators Provide Important Clarity to Banks with Hemp Customers,” December 2019
- Author, “Hemp Industry Gets Additional Federal Support As USDA Establishes Domestic Hemp Production Program,” October 2019
- Author, “Historic House Vote for Cannabis Banking Bill,” September 2019
- Author, “Cannabis Legislation Heating Up in the Summer Session,” June 2019
- Author, “Banks Move One Step Closer to Working with Cannabis Companies,” March 2019
- Author, “Pennsylvania Courts Get One Step Closer to Reviewing Employee Termination Based on Medical Marijuana Use,” February 2019
Selected Speaking Engagements
- Presenter, “Background Checks in the Age of Legal Marijuana,” Professional Background Screening Association (PBSA) Webinar, April 2020
Community Involvement
Kelly has an active pro bono practice, part of which is serving as a child advocate for children in the Pennsylvania foster care system. She has also represented veterans in obtaining benefits, including helping a female Marine successfully appeal her military discharge characterization and obtain an “honorable” discharge.
Honors & Awards
- Named to the First Judicial District Philadelphia County Pro Bono Roll of Honor, 2016, 2017 and 2018
Academic Achievements
Kelly earned her J.D. degree, magna cum laude, from Suffolk University Law School where she was a member of the Journal of Health and Biomedical Law. She received her B.A. degree from College of the Holy Cross.