Sara A. Welch



Counsel
  Location: New York, New York
  Phone: 212-729-9243 |  Fax: 646-205-3071
  Email: Swelch@obrienllp.com


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.


Representations in which Ms. Welch has participated include:

  • Represented a hedge fund manager as co-lead counsel in 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 a sole manager of a $1.3 billion hedge fund in an arbitration brought against him arising out of the dissolution of the fund, obtaining dismissal of all claims.
  • 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 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.

Areas of Practice

  • Complex Financial Transactions
  • Employment Disputes
  • Partnership Disputes
  • Commercial Litigation

Bar Admission

  • Texas, 1993
  • New York
  • U.S. District Court Southern District of New York

Education

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

Published Works

  • 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


Professional Associations and Memberships

  • State Bar of Texas, Member

Past Employment Positions

  • Arkin Kaplan Rice LLP
  • Vinson & Elkins LLP

Practice Areas