David N. Kelley

David has defended employers, plans, administrators, fiduciaries and other entities in lawsuits focused on benefits, fiduciary duties, and penalty claims. He has successfully argued many ERISA and non-ERISA cases before several United States district courts, the United States Tenth Circuit Court of Appeals, and the Utah Supreme Court. David has co-authored the biannual 10th Circuit chapter in the American Bar Association publication, “ERISA Survey of Federal Courts” for the last eight years running. He regularly advises employers on their ERISA obligations in light of both insured and self-funded plans providing life, health, and disability benefits to their employees and give seminars to other lawyers seeking continuing education on legal issues.

David also represents employers defending all types of employment-related claims. He defends employers at all stages of litigation, and assists employers in drafting employee policies and agreements, diversity training, workplace investigations and consulting with clients on hiring, disciplining and terminating employees. In the community, David has volunteered for the Utah Children’s Justice Center assisting victims of domestic violence in obtaining protective orders and has also works with the Rocky Mountain Innocence Center petition courts for post-conviction DNA testing.

David earned his law degree at Brigham Young University, graduating Magna Cum Laude and being admitted to The Order of the Coif. He simultaneously obtained his master’s in psychology at BYU, again graduating Magna Cum Laude. David is licensed to practice in Utah’s state and federal courts and the Tenth U.S. Circuit Court of Appeals.