Ms. Cara Mittleman Kelly

Cara Kelly focuses her practice on complex business disputes, concentrating on real estate litigation, securities litigation, business torts, and breach of contract disputes, as well as advising clients on mitigating risk and streamlining internal controls. She also serves as outside general counsel to several companies. Cara represents clients in both the federal and state courts throughout Texas and New York, representing commercial real estate developers and landlords, oilfield equipment service companies, financial institutions, and other high net worth individuals and clients in matters including contract disputes, commercial real estate disputes, and other litigation. She also represents creditors and other parties-in-interest litigating adversary proceedings in various bankruptcy courts throughout the country, and is experienced in the areas of post-judgment enforcement and collection.

Cara’s real estate litigation practice includes the representation of landlords, investors, and developers in lease disputes, contract matters, and related litigation. She advises commercial landlords on leasing disputes with tenants, alleged violations of the Americans with Disabilities Act (ADA), and other matters. She also has wide-ranging experience defending commercial real estate developers against breach of contract and fiduciary claims brought by investors.

Cara’s experience also spans all aspects of the oilfield equipment services industry, and includes representing companies in employment, contract, real estate and investment matters.

While Cara is a dedicated litigator, she applies a variety of strategies and methods to find creative resolutions to business disputes when appropriate. Cara’s clients appreciate her ability to help them handle their business issues efficiently and in alignment with their overall business objectives.

Concentrations

• Breach of contract

• Breach of fiduciary duty

• Financial institutions litigation

• Fraudulent transfer

• Insolvency litigation

• Securities litigation

Experience

Breach of Contract

• Defended a nationwide health care company in two cases in Austin, Texas. The cases involved alleged breaches of joint venture agreements with a physician group. °

• Represented a foreign company against an online app developer in connection with a breach of contract dispute. °

Agent Representation

• Represented a French bank and global financial services company in filing a motion for summary judgment in lieu of complaint, an expedited procedural mechanism, against a Brazilian guarantor. The Court in New York's Commercial Division granted the summary judgment motion, awarding the bank more than $25 MM, plus attorneys’ fees and costs. In connection with the proceeding, Cara’s team served the Brazilian guarantor through the International Convention on Letters Rogatory, an essential prerequisite to enforcement. °

Post-Judgment Collection and Enforcement

• Represented a Canadian silver mining company that operates in Mexico in obtaining an ex parte writ of garnishment on a bank, in connection with work enforcing an $81 MM Canadian judgment in Texas and New York. °

Securities Litigation

• Represented a Cayman Island hedge fund as subordinated note-holder in fiduciary breach claims against the collateral manager concerning the liquidation of a $420 MM collateralized loan portfolio. °

• Initiated a putative class action on behalf of investors against foreign financial advisors and brokers relating to a $40 MM Ponzi scheme. °

Financial Institutions Litigation

• Defended a financial institution against a construction company's claims to certain lien priority and contract breach claims. °

Insolvency Litigation

• Represented a debtor oil and gas company in a series of bankruptcy adversary proceedings filed by investors holding more than $500 MM in overriding royalty and net profits interests in off-shore leases. °

Breach of Fiduciary Duty

• Defended a commercial real estate developer against breach of contract and fiduciary claims brought by investors. °

• Represented the conservator of a Texas credit union in pursuing breach of fiduciary duty claims against its former CEO. °

°The above representations were handled by Ms. Kelly prior to her joining Greenberg Traurig, LLP.

Recognition & Leadership

Awards & Accolades

• Listed, Texas Super Lawyers magazine, “Texas Super Lawyers Rising Stars,” 2015

Professional & Community Involvement

• Member, Leukemia and Lymphoma Society

o Organizer, Light the Night Walks

o Organizer, Team in Training Marathons

• Member, CREW Austin

• Member, American Bar Association

• Member, Austin Bar Association

• Member, State Bar of Texas

• Member, Travis County Women Lawyers' Association

• Member, New York State Bar Association