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Kelly L. Frey


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Kelly focuses his practice on complex civil litigation, including jury trials in state and federal courts, with an emphasis on real estate and sports litigation. He also regularly advises clients in connection with records management practices, E-Discovery, and investigations of suspected data breaches. Kelly previously served as a Special Assistant District Attorney in Middlesex County, where he tried over a dozen jury cases to verdict.

Kelly’s real estate and land use experience includes representing subsidized housing developers in Chapter 40B litigation, representing a wide range of clients in industrial permitting disputes involving zoning and wetland issues, and representing landlords in commercial lease disputes. Kelly has published and served as a speaker for the American Bar Association’s Section of State and Local Government Law with respect to land use issues.

Kelly is also a member of the firm’s Sports & Entertainment Practice. His work in this area includes representing an international fitness company in a suit against its competitor for false advertising and trade libel, representing former professional athletes in connection with trademark disputes, and providing general advice and support to in-house attorneys for professional sports franchises.

Prior to joining Mintz, Kelly worked as a case assistant for another AmLaw 100 firm, where he analyzed complex licensing agreements for Fortune 500 companies and created an economic model for vendor risk assessment that was adopted on an enterprise level by a Fortune 100 financial services company.

During law school, Kelly was a member of the National Moot Court Team that made it to the final rounds of the National Moot Court Competition in New York City. He was also elected to the Order of the Barristers. In college, he played cornerback for the varsity football team.


  • Emory University (JD)
  • Bowdoin College (AB, Economics)


  • Represented premiere private university in connection with proceedings before Boston Landmarks Commission regarding official landmark designation for Fenway’s iconic Citgo Sign.
  • Represents joint venture between international hotel company and leading global investment firm in dispute with landowner regarding rights to 100+ year leasehold interest in a high-value Boston hotel property.

Recognition & Awards

  • Massachusetts Super Lawyers: Rising Star – Business Litigation (2013 – 2019)
  • National College of Trial Lawyers Medal for Excellence in Advocacy


This week, the U.S. Supreme Court issued a landmark decision authorizing the states to decide whether sports betting should be legal within their borders.
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The vetting and hiring of a new coach is one of the most critical responsibilities athletic directors face. Athletic directors work to identify coaching candidates that will give the university’s teams an opportunity to win games.
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The New York State Gaming Commission issued temporary permits to five major daily fantasy sports operators on August 22, 2016, allowing DraftKings, FanDuel, Yahoo, FantasyDraft, and Draft to resume operations in the state of New York.
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Sponsors of developmental new drugs may want to take additional steps to protect their trade secrets and confidential information in the wake of a recent federal court decision narrowly interpreting certain exemptions to the Freedom of Information Act (“FOIA”).
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On April 2, 2014, the Supreme Court of the United States rendered the McCutcheon decision, addressing the facial validity of Section 203 of the Bipartisan Campaign Reform Act of 2002 (the “BCRA”). 
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On April 29, 2013, the Supreme Court of the United States issued a unanimous decision upholding citizen-specific limitations in the State of Virginia’s Freedom of Information Act (the “Act”).
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News & Press

This Law360 “Expert Analysis” column discusses how federal gambling laws interact with and are likely to be affected by changes in state gambling laws arising out of the U.S. Supreme Court’s decision in Murphy v. National Collegiate Athletic Association.
Fifty-three Mintz attorneys have been named Massachusetts Super Lawyers for 2016 and thirty-one have been named Massachusetts Rising Stars. The findings will be published in the November 2016 issue of Boston Magazine and in a stand-alone magazine, New England Super Lawyers. 



2016 Business Law Section Annual Conference

American Bar Association

Westin Copley Essex North, Third Floor Boston, MA