Back to People

Emily Erb Kelley Associate

Washington, D.C. T +1 202 857 1708 F fax +1 202 828 2988
Save current page as PDF vCard

Emily is an associate in the Government Investigations and White Collar Litigation Department, representing corporations as well as individuals in a wide variety of both internal and government investigations.

Emily regularly represents clients in sensitive investigations of a political nature, particularly inquiries by Congress or the Department of Justice. Leveraging her experience on Capitol Hill and in the United States District Court for the Eastern District of Virginia, Emily helps clients delicately traverse the possible political, criminal, and civil consequences of government investigations by providing clear and practical guidance that consider each client’s needs both in and out of the courtroom.

Prior to joining McGuireWoods, Emily served as a law clerk to the Honorable Claude M. Hilton of the United States District Court for the Eastern District of Virginia. Emily also served as a law clerk to the Senate Judiciary Committee staff of Senator John Cornyn, where she assisted in committee investigations of wide-ranging topics, from federal law enforcement priorities to competition law. Before law school, Emily was a legislative aide to the former chairman of the House Rules Committee, Congressman Pete Sessions.

Experience
  • Represented a former senior government official in response to a congressional subpoena and civil litigation challenging the subpoena.
  • Represented a former senior government official during criminal investigations by DOJ and state prosecutors.
  • Counseled a national bank in response to congressional and regulatory inquiries about allegations of “debanking” practices.
  • Counseled a university in response to congressional inquiries about allegations of antisemitism on campus.
  • Represented a former entertainment industry executive with respect to criminal securities and wire fraud charges brought by DOJ and a civil action by the SEC.
  • Represented an executive of an international corporation being investigated by DOJ on novel legal theories relating to drug trafficking.
  • Defended a national nonprofit organization against allegations of unlawful sex discrimination in violation of the False Claims Act.
  • Provided regulatory guidance to a social media company relating to Bank Secrecy Act/Anti-Money Laundering compliance.
  • Represented an agricultural company during a criminal antitrust investigation by DOJ.
  • Conducted, on behalf of a Special Litigation Committee of the Board of Directors of an international corporation, an independent internal investigation of Caremark and false misrepresentation claims against the Board to determine—and make recommendations based on—the likelihood of the claims’ success.
  • Successfully negotiated a settlement between DOJ and a regional bank relating to a False Claims Act investigation about Paycheck Protection Program loan fraud.
  • Represented multiple regional and national banks responding to DOJ subpoenas relating to Paycheck Protection Program loan fraud.
  • Represented a clinic in a joint state and federal investigation relating to allegations of sexual abuse by an employee.
  • Represented an aerospace manufacturer in a wrongful death multi-district litigation in the Eastern District of Virginia arising from a plane crash.
  • Defended a national bank against private antitrust litigation filed in the Eastern District of Virginia challenging a pending merger.

Insights

  • Recipient, Criminal Law Award, Washington and Lee University School of Law, 2020