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Kelly Day

About Kelly Day, Esq.

Email: kday@daylg.com

Kelly brings to her clients over 17 years of experience as an employment lawyer, internal investigator and human resource consultant and trainer. After starting her career at the national law firm of Vorys, Sater, Seymour and Pease in Washington D.C., Kelly returned home to Philadelphia and worked as an associate general counsel at GMAC Mortgage, focusing on employment issues as well as day-to-day legal needs of the company.

Kelly heads the Internal Investigations unit of Day Law Group, and specializes in conducting internal investigations related to discrimination, harassment, bullying, retaliation, theft, whistleblower, Title IX, and other complaints of misconduct and policy violations. She conducts internal investigations for a variety of clients from Fortune 500 companies to small, family-owned businesses, as well as Universities. As a former Division I college athlete at American University, Kelly also provides personal insight and experience when investigating claims from and involving student-athletes, as well as issues arising in other University groups.

Kelly’s thoughtful approach to internal investigations has developed after years of experience in which she learned how to balance the often sensitive nature of a complaint with the employer’s interest to comply with company policy, state, and federal law. Kelly’s ability to handle the complaining party with dignity and to be fair and impartial as she deliberates and makes findings of facts is what makes her a sought-after investigator.

In addition to handling internal investigations, Kelly is a highly sought-after national lecturer on the process of conducting internal investigations and has trained hundreds of human resource practitioners as to the best practices when handling internal investigations. She also conducts seminars and management training sessions on a variety of issues, including anti-harassment, anti-discrimination, bullying in the workplace, and overall respect in the workplace.


Testimonials

Kelly has years of experience and knowledge as an internal investigator, but those are not the only qualities that make her successful. Read what her clients have to say about her work:

"We use only Kelly for internal investigations—she handles the matters quickly, discreetly, and with integrity.”

“Kelly finds a way to make sense of messy workplace situations, thankfully for us.”

“Our company partners with Kelly on any claim we receive of sexual harassment so we can ensure the matter is handled correctly and helps us avoid litigation.”

“I breathe a sigh of relief when we engage Kelly to investigate a complaint.”


About Chris Day, Esq.

Email: cday@daylg.com

As a partner in a national law firm of over 350 attorneys for several years, as well as prior experience in mid-sized and boutique specialty firms, Chris has guided clients through critical business decisions, internal conflicts, and tumultuous litigation, including claims leveled by employees and former employees, shareholders, business rivals, and consumers.

Through his reputation as a strong advocate and practical advisor, Chris earned an AV rating from Martindale-Hubbell, the highest possible rating for knowledge and ethics. He is well-known and respected in the state and federal courts of Pennsylvania, Delaware, and New Jersey and heads the Business Counseling and Litigation units of Day Law Group. Chris was instrumental in obtaining a $352 million verdict, the largest of its kind at the time, while representing a mortgage lender against banks and other lenders.

As a business attorney and commercial litigator, Chris has not only successfully litigated cases through trials and appeals, earning national attention, but routinely provides business guidance and general counsel services to clients on issues including contracts and business relationships, risk management, insurance and reinsurance questions or claims, employee claims, shareholder disputes, bankruptcy litigation, cyber preparedness and management, lending and borrowing relationships, foreclosures, and premises liability. Chris puts his experience and skills as a litigator to work investigating employee claims of malfeasance, as well as title IX claims leveled against colleges and universities.

In addition to business advice and litigation, Chris has developed a specialty in handling cyber breach and protection matters, maintaining cutting edge knowledge and experience in this developing area of the law on which he often lectures to in-house counsel and private practice attorneys. 

Chris also routinely counsels lenders on best practices and defends claims brought by consumers under the FDCPA, TCPA, and FCRA, has pursued fraudulent conveyance, tort and contract claims, and has pursued and defended avoidance actions on behalf of bankruptcy estates and creditors.



Representative Matters and Results

•Represent numerous business clients in Delaware Chancery Court, Delaware Superior Court, and the United States District Court for the District of Delaware 
•Represent and counsel national lender in defense of claims of lender liability with respect to regulatory claims under FCRA, FDCPA, TCPA, and state statutes
•Represent and counsel non-profit college regarding managing risk
•Represent manufacturer of consumer sporting products against claims of product liability
•Represent and counsel regional employer regarding employee claims
•Represent and counsel national security firm regarding data breach issues and assist firm with preparedness for future breach issues
•Counsel mid-size company regarding cyber risk and preparedness
•Counsel start-up media production company regarding general business and legal issues
•Successfully represented a mortgage warehousing lender against various defendants, including a large regional bank, for conversion of funds, leading to verdict of $352,000,000
•Successfully represented financial institution in claims involving breaches of affirmative covenants, negative covenants and financial covenants including tangible net worth, debt service coverage ratios, debt to EBITDA ratios and debt to equity ratios in loan documents
•Successfully represented contractors in obtaining contractual payments and liens in excess of $1,000,000 owed for extensive work performed in erection of local stadium
•Represented financial institution in class action alleging violations of consumer protection laws and damages in excess of $60 million
•Successfully obtained verdict in excess of $780,000 on behalf of Dutch company against multinational defendant on breach of international trade agreement
•Represented regional bank in pursuing claims of fraud and misrepresentation against another lender stemming from pyramid and check kiting schemes of a mutual account holder
•Successfully defended national retail chain property owners, and individual property owners, in premises liability actions
•Successfully represented Fortune 100 American health insurance company in defense of pharmacy-related class action
•Successfully defended area hospital against employee claims of hostile work environment and retaliation under Conscientious Employee Protection Act (“Whistleblower’s” Act), resulting in dismissal of all claims by the trial court. Successfully defended appeal of dismissal before Appellate Court and state Supreme Court
•Successfully represented minority shareholder of closely held company against majority shareholder in shareholder oppression matter, obtaining settlement value in excess of $1,200,000
•Successfully defended household-name Fortune 500 company against product liability claims
•Defeated jurisdiction challenge in shareholder oppression matter and successfully defeated majority shareholder’s appeal before Pennsylvania Superior Court
•Represented employers in federal and state courts obtaining injunctive relief and damages arising out of violations of restrictive covenants including non-competition, non-solicitation, non-disclosure and trade secret covenants in employment agreements
•Successfully defended area hospital against former employees’ claims of defamation and of retaliation under Conscientious Employee Protection Act (“Whistleblower’s” Act), resulting in dismissal of all claims by the trial courts. Successfully defended appeal of dismissal before Appellate Court and state Supreme Court
•Represented lenders in mortgage foreclosure and workout matters
•Successfully defended sign company against former employee claims of failure to pay bonuses
•Assisted in obtaining a decision in excess of $2,000,000 upon a client’s verbal employment agreement with a financial institution that reneged on its promises
•Represented national pharmaceutical wholesaler in various workouts and adversarial proceedings around the country
•Retained by California bankruptcy trustee as special counsel to pursue estate assets of mortgage warehousing company against various lenders
•Evaluated a German insurer’s loss exposure in an American casualty book of business.

Christopher Day

State Bar Licenses

Pennsylvania
Delaware
New Jersey


Other Court Admissions

U.S. District Ct., District of Delaware
U.S. District Ct., E.D. of Pennsylvania
U.S. District Ct., M.D. of Pennsylvania
U.S. District Ct., District of New Jersey
U.S. Court of Appeals, 3rd Circuit

Publications / Presentations

• Presenter, “Cyber Risk Management and Liability Issues,” Pennsylvania Bar Institute Insurance CLE, August 2016.
• Presenter, "Identity Theft,” Pennsylvania Bar Institute CLE, March 2016.
• Presenter, “An Introduction to Cyber Risk,” The Legal Intelligencer, In-House Counsel CLE Seminar, October 2014.
• Presenter, “Use of Depositions at Trial,” Delaware Litigation Bar Rodney Inn of Court, April 2013.
• “Path Cleared for Supreme Court to Address Interplay Between Section 220 Claims, Derivative Actions,” Delaware Business Court Insider, March 2013.
• “Affordable Care Act’s Medical Loss Ratio Provision: Is There A Private Right Of Action?” Communiqué, November 2012.
• Presenter, "Attorney Pitfalls with Social Media and E-mail: Ethics Considerations Raised by Social Media and Dangers to the Attorney-Client Privilege," DELVACCA Seminar, August 2012.
• “Health Plans’ Commercial Uncertainties Persist After Supreme Court’s Decision Upholding the Affordable Care Act’s Constitutionality,” Communiqué, August 2012.

Community Activities

Chris serves on the Board of Directors for Commonwealth Youthchoirs, and coaches basketball, lacrosse, and soccer with Chestnut Hill Youth Sports Club.