Katherine Kelly Fell

Partner

Contact
F +1.212.822.5207

New York

55 Hudson Yards

New York, NY US 10001-2163

T +1.212.530.5207

F +1.212.822.5207

Katherine Kelly Fell is a partner in the New York office of Milbank LLP and a member of the firm’s Litigation & Arbitration Group.

Primary Focus & Experience

Ms. Fell focuses on complex commercial litigation and investigations. She has a depth of experience in defending companies and individuals in connection with mass claims, multi-jurisdictional litigation, and class actions. She excels in management of corporate crises; coordinating simultaneous civil, regulatory, and criminal litigation and investigations; working with external public relations professionals and consultants; and collaborating with clients to manage reputational risk. She has represented private equity sponsors, investment firms, financial institutions, alternative currency and derivatives market firms, pharmaceutical manufacturers, media and entertainment companies, and auditing and accounting firms in connection with material and existential threats to their businesses. She has significant trial, arbitration, and appellate experience in state and federal courts and before arbitral panels under AAA, JAMS and ICDR rules.

Representative engagements include:

  • A leading asset management firm in connection with an investigation and ensuing litigation in state and federal courts related to disgraced financier Jeffrey Epstein.
  • Representation of shareholders of a pharmaceutical manufacturer in connection with hundreds of litigations in state and federal court, and subsequently in bankruptcy proceedings, related to opioid liability.
  • A market-leading CFTC designated contract market offering prediction markets and sports-related event contracts, in connection with dozens of civil litigations and regulatory enforcement proceedings in state and federal court, litigating novel issues of federal preemption, interpretation of the Commodities Exchange Act and CFTC regulations, state gambling laws, the Unlawful Internet Gaming Enforcement Act, and tribal gaming legislation.
  • A private equity Sponsor in connection with multi-jurisdictional federal litigation asserting RICO and other state and federal claims arising out of an alleged pattern of abuse of youth cheerleading athletes by their coaches at competitions and other events hosted by one of the Sponsor’s portfolio companies.
  • An individual in connection with an investigation by the department of justice into an historically significant merger arbitrage investment.
  • An institutional investor and futures commodity merchant in connection with multi-jurisdictional litigation arising out of their involvement in prediction market event contracts, as market makers and brokers.

Recognition & Accomplishments

Ms. Fell received her J.D. from Columbia Law School, where she was a Harlan Fiske Stone Scholar, and her B.A. in International Relations from the University of Pennsylvania.

Ms. Fell was included on Benchmark Litigation’s 40 & Under List in both 2024 and 2025. Ms. Fell is recommended in the Legal 500’s 2025 edition for general commercial litigation. In 2024, she was recognized in Legal 500 for white collar litigation. 

Ms. Fell has continuously served as Vice Chair of the American Bar Association’s Section of Antitrust Law Trial Practice Committee since 2021. 

Ms. Fell maintains an active pro bono practice and has argued and appeared on behalf of clients in state and federal court in all stages of disputes, including in the New York Court of Appeals and as counsel for amici on briefs to the United States Supreme Court. Ms. Fell received The Legal Aid Society’s Pro Bono Publico Award for outstanding public service by an individual lawyer in 2013, 2014, 2016 and 2021. She was honored by the New York State Bar Association as Empire State Counsel for her pro bono contributions.

Additional Details
Education
  • Columbia Law School, J.D.
  • University of Pennsylvania, B.A.
Admissions
  • New York
  • US District Court for the Southern District of New York
  • US District Court for the Eastern District of New York
  • US Supreme Court