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Kelly M. Pesce is a litigation attorney who represents employers in virtually all areas of labor and employment law before state and federal agencies and in courts throughout the country – including litigation of discrimination, harassment and retaliation claims, and numerous other personnel and workplace issues. She is experienced with wage and hour class actions brought under state law and nationwide collective actions under the Fair Labor Standards Act. Kelly also has deep experience with complex eDiscovery matters, and has been responsible for preservation, collection, review and production of ESI in numerous state and federal lawsuits as well as government investigations. As part of her eDiscovery practice, Kelly regularly provides clients counseling on a variety of information governance matters, including record retention, data privacy, and cyber security.

Before joining the firm, Kelly served as a law clerk to two federal judges, giving her an inside understanding of the court system and the litigation process. She also worked as an associate with a large firm in New Jersey where she represented a variety of clients on both state and federal matters.

Concentrations

  • Litigation
  • Complex commercial disputes
  • White collar defense
  • Multidistrict litigation
  • Employment discrimination
  • Pharmaceutical, medical device and health care litigation
  • Products liability
  • Wage and hour class actions
  • eDiscovery

Capabilities

Experience

  • Student Attorney, Seton Hall University School of Law Center for Social Justice, Family Law Clinic, 2011
  • Research Assistant, Professor Timothy Glynn, Seton Hall University School of Law, 2010
  • Intern, Hon. Joseph A. Dickson, United States Magistrate Judge, 2011

Recognition & Leadership

  • Listed, The Best Lawyers in America
    • "Ones to Watch," Labor and Employment Law - Management, 2023-2025
    • "Ones to Watch," Litigation - Labor and Employment, 2025
  • Listed, Boston magazine, "Top Lawyers - Labor & Employment," 2022-2024
  • Listed, Massachusetts Lawyers Weekly, “Up & Coming Lawyer,” 2021
  • Listed, Super Lawyers magazine, Massachusetts Super Lawyers, “Rising Stars,” 2022
  • Greater Boston Chamber of Commerce Women’s Leadership Program, 2020-2021

Credentials

Education
  • J.D., magna cum laude, Seton Hall University School of Law, 2012
    • Associate Editor, Journal of Sports and Entertainment Law
    • Member, Order of the Coif
    • Presidential Scholar
    • Recipient, Charles A. Sullivan Endowed Scholarship
    • Member, Phi Alpha Delta
    • Volunteer, New Jersey Law and Education Empowerment Project
  • B.S., Marketing, University of Connecticut, 2008
    • Minor in Resource Economics
    • Recipient, Irving and Justine Fellows Scholarship
    • Recipient, Del Favaro Agricultural Economics Scholarship
    • Member, Kappa Alpha Theta
    • Volunteer, Court Appointed Special Advocates
Clerkships
  • Hon. Donald L. Cabell, Magistrate Judge, U.S. District Court for the District of Massachusetts, 2015-2016
  • Hon. Joel A. Pisano (Ret.), District Judge, U.S. District Court for the District of New Jersey, 2013-2015
Admissions
  • Massachusetts
  • New York
  • U.S. District Court for the District of New Jersey
  • U.S. District Court for the District of Massachusetts
  • U.S. Court of Appeals for the Second Circuit

Related Capabilities

Labor & Employment Wage & Hour Class and Collective Litigation Employment Litigation & Trials Data Privacy & Cybersecurity Litigation eDiscovery & eRetention Pharmaceutical, Medical Device & Health Care Litigation Complex Torts