Henry J. Kelston represents investors and consumers challenging corporate fraud and other wrongdoing in data breach, securities, bankruptcy, and consumer protection cases. He has demonstrated success in all phases of complex litigation and class actions: from initial client contact and investigation, through complaint filing, discovery and complex motion practice, to settlement negotiations and implementation. He takes particular pride in maintaining strong relationships with clients throughout the process.
Henry is highly skilled in all aspects of discovery in complex cases including strategic planning, depositions, drafting, and responding to all forms of discovery requests, Hague Convention requests, and related motions and proceedings. He has extensive knowledge of legal, strategic and practical aspects of e-discovery, including the issuance and supervision of litigation holds, meet and confer proceedings, and supervision of large-scale document productions and reviews.
He has represented shareholders against major public companies as well as investors in private investment funds. He is currently litigating a class action on behalf of limited partners in a private fund from which more than $200 million “disappeared” due to alleged fraud and mismanagement.
Henry has also represented consumers in class actions against major food manufacturers contesting the use of “natural” claims on products containing GMOs. In In re Conagra Foods, Inc., Henry led two years of contested document discovery, depositions, and motions; obtained orders compelling additional searches and production; and developed expert testimony on agricultural biology, marketing and economics, including development of a novel damages methodology adopted by the district court and the Ninth Circuit. His work contributed to a groundbreaking decision by the Ninth Circuit Court of Appeals that significantly strengthens the rights of consumers in class actions. Henry also led document discovery, depositions and briefing in Frito-Lay North America, Inc. “All Natural” Litigation, where an order compelling the defendant to expand its document search and production helped lead to a highly favorable resolution for class members.
Henry has played a key role in some of the most significant data breach cases litigated to date. In In re Yahoo! Inc. Customer Data Security Breach Litigation, concerning the then-largest consumer data breach in history, he negotiated essential discovery protocols and search terms, supervised review of over 9 million pages of documents, and took key depositions of Yahoo infosec managers, helping to bring about a settlement (now pending) that is expected to be among the largest ever in a data breach case. He is also a key member of the team currently prosecuting a class action against Facebook, Inc. relating to a large data breach in 2018.
Henry is known as a writer of incisive briefs and articles, including on cutting-edge consumer and e-discovery legal issues. He is a member of The Sedona Conference ® Working Group 1 on Electronic Document Retention and Production. Most recently, he assisted in drafting The Sedona Conference® Commentary on Legal Holds: The Trigger & The Process (expected publication in 2019) and served on the faculty for The Sedona Conference® E- Discovery Negotiation Training. He is a contributing author to the National Consumer Law Center’s treatise on Consumer Class Actions. Henry has also taught Basics of E-Discovery at Legal Services of New Jersey’s In-Depth Litigation Skills Training program in 2018 and 2019.
He received a B.S. degree in psychology, cum laude, from Tufts University in 1975, and a J.D. degree from New York University School of Law in 1978, where he was a member of the Annual Survey of American Law.