Sara A. Welch Counsel

New York, New York

212-729- 6247

Swelch@obrienllp.com

Education

  • The University of Texas School of Law, Austin, Texas J.D. - 1993
    Honors: With Honors
  • University of Virginia, Charlottesville, Virginia B.A. - 1988

Bar Admissions

  • Texas
  • New York
  • U.S. District Court Southern District of New York

Ms. Welch has over fifteen years of experience representing clients in disputes arising out of complex financial transactions and employment disputes. She has represented a range of clients, including hedge funds, private equity firms and individuals, in partnership disputes, regulatory investigations and enforcement proceedings, commercial litigation, employment and partnership disputes, contract negotiations and other matters.

Prior to joining O’Brien LLP, Ms. Welch was with Arkin Kaplan Rice LLP, where she practiced securities, complex commercial and employment litigation. Prior to that, Ms. Welch was with Vinson & Elkins LLP in Houston, Texas, where she defended clients against employment-related claims, including federal and state law discrimination claims and breach of contract claims, and advised clients on employment-related issues, including contract negotiation and compliance with federal and state employment laws.

Notable Representations

  • Represented a private equity fund and its principal in onshore and offshore litigation involving challenge to 2009 restructuring of the fund, obtaining ruling upholding restructuring and dismissal of all claims.
  • Represented a prominent New York area law firm in dispute arising from proxy fight commenced by firm’s former hedge fund client, obtaining payment of outstanding legal fees for the firm and securing the dismissal on summary judgment of malpractice claims against the firm.
  • Represented a hedge fund in a jury trial pursuing claims of fraud and breach of fiduciary duty against a well-known public REIT, obtaining a verdict of $12.7 million, including punitive damages and dismissal of all claims asserted against the client.
  • Represented a multi-billion dollar hedge fund in a three-week jury trial, obtaining dismissal of all damage claims brought against the fund, and a $3 million damages and attorneys’ fees award in favor of the fund.
  • Represented an international private equity fund and its principals in a compensation dispute with a former partner that included counterclaims of breach of duty and misappropriation of confidential information, obtaining settlement and dismissal of all claims.
  • Represented a top-five law firm and partner defending against multi-million dollar claims arising out of a merger transaction, obtaining dismissal of all claims.
  • Represented a world-renowned art gallery and family owners defending against an action by a third-party claiming ownership of valuable art looted during World War II, obtaining dismissal of all claims.

Published Works

“How Hedge Fund Managers Can Protect Their Trade Secrets In Light of Recent NY Appellate Ruling,” The Hedge Fund Law Report, Vol. 10, No. 10 (March 9, 2017), by Sean R. O’Brien, Sara A Welch and James Ng.

“How Can Hedge Fund Managers Protect Themselves Against Trade Secret Claims?,” The Hedge Fund Law Report, Vol. 7, No. 19 (May 16, 2014), by Sean R. O’Brien, Sara A Welch and A.J. Monaco.

“Hedge Fund Incentive Compensation Not Subject to Wage Claim Under New York Labor Law,” The Hedge Fund Law Report, Vol. 7, No. 14 (April 11, 2014), by Sean R. O’Brien and Sara A. Welch.

“Recent Developments Affecting the Protection of Trade Secrets by Hedge Fund Managers,” The Hedge Fund Law Report, Vol. 6, No. 41 (Oct. 24, 2013), by Sean R. O’Brien and Sara A. Welch.

“Can Hedge Fund Managers Contract Out Of Default Fiduciary Duties When Drafting Delaware Hedge Fund and Management Company Documents?,” The Hedge Fund Law Report, Vol. 6, No. 14 (Apr. 4, 2013), by Sean R. O’Brien and Sara A. Welch.

“Computer Crime in New York Federal and State Courts,” The New York Law Journal (Nov. 1, 2012), by Sean R. O’Brien and Sara A. Welch.

“Protecting Hedge Funds’ Trade Secrets: What A Difference A Year Makes,” The Hedge Fund Law Report, Vol. 5, No. 16 (Apr. 19, 2012), by Sean R. O’Brien and Sara A. Welch.

“Portability and Protection of Hedge Fund Investment Track Records,” Hedge Fund Law Report, Vol. 4, No. 40 (Nov. 10, 2011), by Sean R. O’Brien, Sara A. Welch and Joel A. Blanchet.

“Protecting Hedge Funds’ Trade Secrets: The Federal Government’s Enforcement of Criminal Laws Protecting Proprietary Trading Strategies,” The Hedge Fund Law Report, Vol. 3, No. 48 (Dec. 10, 2010), by Sean R. O’Brien and Sara A. Welch