Justin T. Kelton
Partner
Justin T. Kelton is a Partner at Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara, Wolf & Carone, LLP, where he practices in the firm’s Commercial Litigation Department, focusing on resolving significant disputes in federal and state courts. Mr. Kelton has successfully handled cases involving a broad range of practice areas, including partnership disputes, breach of contract, unfair competition, employment, fraud, trade secret misappropriation, breach of fiduciary duty, class actions, shareholder derivative litigation, real estate, civil rights, banking, and copyright and trademark infringement.
Mr. Kelton was appointed by Hon. Ann Pfau, then-Chief Administrative Judge of the New York State Unified Court System, to serve as a member of the New York State Court System’s E-Discovery Working Group. In this capacity, he worked with judges and court staff to develop and implement e-discovery pilot programs, educational materials, and best practices, and to address the practical and technical problems related to e-discovery which face litigants and courts today.
Additionally, Mr. Kelton served as Co-Chair of the New York County Lawyers Association Joint Subcommittee on the Second Circuit’s Proposed Local Rules, helping to advise the United States Court of Appeals for the Second Circuit on its creation and implementation of its Local Rules.
Mr. Kelton was selected as a "Rising Star" in New York Business Litigation by "Super Lawyers" in 2019. Each year, no more than 2.5% of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. Mr. Kelton has been selected as a Best Lawyers "Ones to Watch" for Commercial Litigation since 2021.
Mr. Kelton received a B.S. in Computer Science from Muhlenberg College, and a Juris Doctor from Albany Law School. While in law school, Mr. Kelton was a research assistant to Prof. Annette Kahler, Director of the Science and Technology Law Center.
Bar Admissions
- New York
- U.S. Court of Appeals for the Second Circuit
- U.S. District Court, Southern District of New York
- U.S. District Court, Eastern District of New York
Education
- Albany Law School at Union University
- Muhlenberg College
Published Works
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SDNY Clarifies the Scope of ‘Misappropriation’ Under the Defend Trade Secrets Act, Author, New York Law Journal (June 9, 2021)
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NYC’s ‘Hollowed Out’ Enforcement Units Struggle to Keep Pace on Housing Discrimination Cases, Quoted, CityLimits (June 1, 2021)
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Criminal Charges and Employment Decisions, Author, Practical Law (April 29, 2021)
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Project Veritas Founder Sues Twitter For Defamation After Ban, Quoted, Law360 (April 19, 2021)
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Orthodox Jewish couple accuses NYC of religious discrimination, Quoted, The Jerusalem Post (jpost.com) (April 8, 2021)
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New York Court of Appeals Hands Decisive Win To Business Owners, Holding That They Are Exempt From Vicarious Liability Under the NYC Human Rights Law, Author, New York Law Journal (April 2, 2021)
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How to Prepare for a Paycheck Protection Program Audit, Quoted, Workest (March 3, 2021)
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You Can Have Your Cake And Eat It Too: Second Circuit Says Parties Can Appeal Portions Of A Judgment After Accepting Remittitur, Author, New York Law Journal ( December 7, 2020)
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Expert Q&A on Criminal Charges and Employment Decisions, Interviewed, Practical Law (August 18, 2020)
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Is Your Website ADA Compliant?, Quoted, Advisor Perspectives (June 30, 2020)
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As Coronavirus-Related Job Losses Surge, Employers Should Brace For An Influx Of Disability Discrimination Lawsuits, Author, New York Law Journal (May 22, 2020)
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Analyzing Force Majeure Clauses In Light Of The Coronavirus Outbreak, Author, New York Law Journal (March 19, 2020)
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Use of Illegal Gambling Proceeds to Fund Loan Does Not Void Agreement, Author, New York Law Journal (February 10, 2020)
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Confidentiality and Inspections of Corporate Books and Records, Author, the Harvard Law School Forum on Corporate Governance and Financial Regulation (September 1, 2019)
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Defamatory Reviews: How To Protect Your Reputation, Author, Medical Economics (July 10, 2019)
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Q&A: The Application of Delaware Law in New York Courts, Author, Delaware Business Court Insider (June 12, 2019)
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How to Protect Your Reputation and Medical Practice Against Defamatory Online Reviews, Author, Physicians Practice (April 4, 2019)
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Taylor Swift Defeats Broker’s ‘Wildest Dreams’ in $1 Million Commission Dispute, Author, New York Law Journal (February 22, 2019)
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Equitable Defenses Fall Within Narrow Scope of Section 225 Actions and Must Be Considered, Author, Delaware Business Court Insider (January 30, 2019)
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4 Tips for Starting a Business with Partners, Quoted on BestCompany.com (November 20, 2018)
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Supreme Court Nominee and the Derivative Suit, Author, the Harvard Law School Forum on Corporate Governance and Financial Regulation (August 30, 2018)
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How to Win in Court Without Overpaying, Quoted in Elliot.org blog (April 9, 2018)
- Plaintiff Who Obtains a Corporate Benefit May Not Target a Stockholder to Pay a Fee Award, Author, Delaware Business Court Insider (January 31, 2018)
- When Leaving A Bad Review Gets You Sued, Quoted in URBO.com article (January 26, 2018)
- Apple faces over a dozen lawsuits. Here's why it might win them all, Quoted in Mashable.com article (December 30, 2017)
- Delaware Courts and the Law of Demand Excusal, the Harvard Law School Forum on Corporate Governance and Financial Regulation (November 13, 2015)
- Expert Q&A: Filing Documents under Seal in New York, Practical Law (September 1, 2015)
Community Service
- Arbitrator, New York State Unified Court System
- Member, New York County Democratic Committee