Biography

Dylan Kletter practices in the area of complex litigation. He represents entities and individuals across the country concerning a broad range of high stakes commercial litigation matters. Dylan has extensive experience representing private equity firms, venture capital firms, family offices, activist investors, and strategic acquirers, as well as their portfolio companies, as both plaintiffs and defendants, in matters concerning failed mergers and acquisitions, securities fraud, breach of contract, indemnification claims, reps and warranties insurance claims, earn-outs, post-closing adjustments, escrow disputes, customer and supplier disputes, environmental issues, and responses to third party discovery.  Dylan also represents white-collar clients in criminal proceedings and government investigations and has extensive appellate experience in criminal appeals in the Connecticut appellate courts.

Prior to joining Brown Rudnick, Dylan served as a judicial clerk for Connecticut Supreme Court Justices Barry R. Schaller and C. Ian McLachlan, as well as the Honorable Christine E. Keller of the Hartford Superior Court.  Dylan also served as a legal intern to former Connecticut State Senator Jonathan Harris and as an appellate teaching assistant to attorney Wesley W. Horton. 

During law school, Dylan received awards in Criminal Law, Trial Advocacy and Appellate Advocacy.  He also served on the Connecticut Law Review, the Moot Court Board, and the Mock Trial Society.  Prior to attending law school, Dylan helped represent New York Times best-selling authors at International Creative Management (ICM) talent agency in New York.

Awards

Representation

Private Equity / M&A / Portfolio Company Litigation

Representation of a private equity firm asserting post-closing breach of contract claims against an acquiror and its financial sponsor arising out of the sale of a technology-based portfolio company, resulting in a favorable settlement achieved during trial.

Representation of a private equity firm asserting post-closing fraud and indemnification claims against strategic manufacturer, resulting in a favorable confidential settlement.

Representation of a private equity firm and its portfolio company and management team against breach of contract and tortious interference claims brought by a strategic acquiror following the divestiture of substantially all of the portfolio company’s assets, resulting in a favorable judgment after a three week trial.

Representation of strategic acquiror in a pre-closing dispute regarding whether the seller had satisfied its contractual conditions to close, leading to more favorable deal terms.

Representation of private equity firm asserting post-closing indemnification claims against the former financial sponsor of automotive portfolio company, resulting in a favorable confidential settlement prior to the onset of formal litigation.

Representation of a private equity firm and its executives and portfolio company management team against fraud and breach of contract claims brought by a financial purchaser arising out of the sale of a distribution-based portfolio company, resulting in very a favorable confidential settlement on the eve of a four week trial.

Representation of a portfolio company controlled by an activist investor concerning breach of contract claims against a major vendor, including the successful preclusion of the adversary’s damages expert and a favorable judgment after trial.

Representation of a private equity firm concerning a post-closing dispute over the recovery of certain governmental refunds, resulting in a favorable settlement.

Representation of a private equity firm against an employee class-action brought by the former employees of a portfolio company’s subsidiary.

Representation of a private equity firm’s portfolio company against an eight-figure claim brought by a former customer of the portco, resulting in a favorable settlement.

Representation of a private equity firm in a breach of contract and declaratory judgment action against a strategic buyer to recover an indemnification escrow, including obtaining the successful dismissal of fraud-based counterclaims.

Representation of a consortium of private equity sponsors in a fraud and breach of contract action against the seller of an automotive supply portfolio company.

Representation of a portfolio company executive in an action alleging breach of contract and fraud arising out of the failed merger of two industrial competitors, including obtaining the successful dismissal of multiple claims.

Representation of a private hospital in connection with a contract dispute against a private equity-sponsored portfolio company arising out of a failed joint venture, resulting in a favorable settlement prior to the onset of formal litigation.

Commercial / Bankruptcy Litigation

Representation of court-appointed liquidators of Fairfield Sentry Limited, the largest feeder fund to Bernard L. Madoff Securities, in Chapter 15 proceedings.

Representation of indenture trustee in Chapter 11 proceedings of the Tribune Company.

Representation of private hospital in multi-million dollar wrongful death action, resulting in the successful dismissal of all claims at the motion to dismiss stage.

Representation of quasi-governmental agency against breach of contract claims, resulting in jury verdict in favor of our client.

Representation of interstate natural gas line company against breach of contract claims, resulting in successful judgment after multi-day bench trial.

Pro bono representation of artist in bench trial resulting in favorable judgment against defendant on bailment claim.

White Collar / Government Investigations / Criminal

Representation of former venture capital executive in multi-million dollar SEC securities fraud enforcement action.

Representation of white collar defendant in embezzlement action arising out of failed business acquisition.

Representation of companies and professional corporations in connection with state governmental investigations and audits.

  • Representation of criminal defendants in habeas appeals in Connecticut appellate courts, including obtaining reversal of habeas court decision based on improper jury instruction.

Education

University of Connecticut School of Law – J.D., high honors, 2008
University of Colorado – B.A., 2003

Bar Admissions

Connecticut
US District Court for the District of Connecticut
US Court of Appeals for the Second Circuit
Publications
Professional Affiliations
Awards and Honors
Community Involvement