Kelly A. Waters



400 Connell Drive
Suite 1100
Berkeley Heights, NJ 07922
P (973) 265-9901
F (973) 265-9925

685 Third Avenue
18th Floor
New York, NY 10017
P (212) 999-7100
F (212) 999-7139

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Kelly is a Partner in WSHB’s New York office and Managing Partner of the Firm’s New Jersey office. Kelly has built her practice around an enviable record of success defending businesses and employers in complex litigation matters in the area of construction, employment practices, product liability, professional liability and commercial related matters.

Kelly’s construction practice includes defending landowners, builders and developers in all aspects of both private and public construction litigation, including public accommodation issues under the ADA, as well as personal injury actions relating to construction site accidents.

Kelly’s employment practice includes defending employers and management-side employees against claims of discrimination and wage and hour violations under state and federal laws. She also serves as General Counsel to a number of small and medium sized businesses where she provides advice on personnel issues, risk management strategies, litigation management, employment and general commercial best practices.

Kelly’s product liability practice includes defending pharmaceutical and medical device companies as well as automotive, recreational and marine products, and consumer and commercial product manufacturers. Kelly represents clients ranging from the world’s largest insurers to Fortune 500 companies to family owned businesses. She has tried many cases to verdict and has participated in numerous multi-party mediations. Stemming from her more than twenty years of litigation experience in the product liability arena, Kelly has developed a related commercial practice advising manufacturers and distributors in commercial, and consumer related matters.

Kelly’s professional liability practice involves the defense of errors and omissions matters, involving professionals in the legal, insurance, real estate, accounting and financial fields. Kelly also represents specialty professionals in a myriad of disputes involving technicians, massage therapists, tattoo artists, property managers, and other miscellaneous professionals.

Kelly also assists our national insurance coverage practice by advising and representing domestic and international insurers on first-party property (Homeowner’s and Commercial), commercial general liability, construction defect, and professional errors and omission claims.

In addition to her extensive litigation experience, Kelly serves as a Municipal Court Judge in the Townships of Union and Scotch Plains, New Jersey. As a Municipal Court Judge, Kelly routinely presides over trials involving DWI, domestic violence, violations of New Jersey motor vehicle laws and municipal ordinances. Kelly is a Fellow in the Litigation Counsel of America, an invitation-only trial lawyer honorary society limited to 3,500 fellows, representing less than one-half of one percent of American lawyers. For more than twenty years Kelly served as a Trustee for the New Jersey Metro Chapter of the National Multiple Sclerosis Society and is one of the Founders of the Women on the Move Luncheon which raises money to fund research and provide services for people diagnosed with MS. She is a founder and the former President of the Board of Directors of the Vanguard Theater Company, a community theater located in New Jersey dedicated to bringing diversity to the stage.



New York Law School (J.D., 1991)

Rutgers University (B.A., 1988)

Licensed to Practice in:

New Jersey
New York


New Jersey Institute of Continuing Legal Education, Annual Tort Law Conference, Presenter, Top 10 Tips in Defending A Product Liability Action, July 13, 2007

New Jersey Defense Association and New Jersey Corporate Counsel Association, Presenter, Protecting the Corporation, Preparing and Being Prepared as the Corporate Witness, October 12, 2007

KPMG Audit Committee Spring 2008 Audit Committee Roundtable, Presenter, Risk Oversight in an Evolving Environment: Pressure Points, Priorities and Oversight Challenges, June 2008

Professional Insurance Agents of New York and Annual Conference, Presenter, Understanding Product Liability Exposures and Reducing the Risk, June 2008

Berkley Life Science, LLC, Risk Management Webinar Presenter, Generic Preemption: New Life for Product Liability Defense, July 13, 2011

Union County Bar Association, Presenter, DWI Update – A Look Through the Rear View Mirror and a Look Forward, September 21, 2011

In-House Training, Pharmaceutical and Medical Device Litigation Update, September 2011

New Jersey Institute of Continuing Legal Education, Annual Tort Law Conference, Presenter, Top 10 Tips in Defending A Product Liability Action, July 13, 2007

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Trial & Appellate Results

Kenny v. Bridgewater Golden Eagles, et. al., A-3571-10T2 (N.J. App. Div. August 6, 2012)

Arlandson v. Hartz Mountain Corp., et al., 792 F.Supp.2d 691 (D.N.J. 2011)

Snyder v. Farnam Companies, Inc., 792 F. Supp 2d 712 (D.N.J. 2011)

Arlandson v. Hartz Mt. Corp., 2011 U.S. Dist. LEXIS 94049 (D.N.J., Aug. 23, 2011)

Johansson v. Cent. Garden & Pet Co., 804 F. Supp. 2d 257, 2011 U.S. Dist. LEXIS 56463 (D.N.J., 2011)

Smith v. Merial, Ltd., 804 F. Supp. 2d. 257 (D.N.J. 2011)

Harrow v. Prudential Insurance Company, 76 F. Supp. 2d. 558 (D.N.J. 1999)

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Events, Seminars & Presentations

Medmarc Insurance Company, a Proassurance Company, Presenter – How to Identify and Defend Against the Reptile Theory, June 2015

Magna Legal Services Annual Conference, Mock Trial Challenge, Atlantic City, New Jersey, November 12 -13, 2014, supporting The Children’s Hospital of Philadelphia

Network to Network Consortium of Women, Panel Presentation, Advancing Your Career Purposefully with Leadership and Influence, Verizon North America, Basking Ridge, New Jersey, June 6, 2014

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Community Activities

President, Board of Directors, The Vanguard Theater Company

Mentor, St. Joseph’s Social Services

Awards & Accomplishments

AV Preeminent Lawyer by Martindale Hubbell

Completed the CLM Litigation Management Institute and earned the designation of Certified Litigation Management Professional, 2016

Garden State Woman of the Year, Legal Professional Services, 2011

Litigation Counsel of America, Fellow, 2010

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