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Kelly L. Frey

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[email protected]

+1.617.348.1827

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Kelly is a skilled litigator that advises clients on a broad range of disputes involving commercial real estate and government regulation. He has extensive experience litigating complex lease disputes, commercial evictions, permits/zoning appeals, tax abatements, property valuations, government investigations, and administrative proceedings before state and federal agencies. Kelly is a seasoned trial lawyer that has obtained winning verdicts in multiple jurisdictions across the Commonwealth, though his clients frequently prevail much earlier due to Kelly’s strategic approach to pre-trial litigation and compelling written advocacy.

In his real estate practice, Kelly works with institutional property owners and investors, commercial landlords and tenants, developers, academic institutions, and hotels and hospitality groups. He advises clients on all phases of real estate litigation, ranging from pre-development contracting and permitting issues to judicial proceedings involving fully developed properties. Kelly also counsels clients on tax abatements and other mechanisms through which clients can ease the financial burdens of maintaining their interests in high-value commercial properties.

In government law matters, Kelly represents private and publicly-traded companies, educational and nonprofit organizations, elected officials, public and quasi-public entities, and individuals with respect to government investigations, election laws, campaign finance reporting/compliance, conflict of interest laws, public record laws, open meeting laws, and numerous other issues that clients face when navigating complex regulatory frameworks.

Kelly also maintains an active life sciences litigation practice, in which he frequently represents private companies, institutional investors, and individual directors/managers with respect to fiduciary, securities, and governance disputes.

Prior to joining Mintz, Kelly worked for another AmLaw 100 firm where he created an economic model for vendor risk assessment that was adopted on an enterprise level by a Fortune 100 financial services company. He also served as a Special Assistant District Attorney in Middlesex County.

Education

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

Experience

Real Estate Litigation

  • Obtained $120 million+ settlement for institutional real estate investor in connection with complex merger transaction involving multiple commercial properties owned by a client.
  • Secured summary judgment for joint venture client in a dispute over ownership rights associated with a $80 million+ hotel property.
  • Primary outside counsel to publicly-traded media company with respect to real estate, zoning, permitting, and government contract matters in Massachusetts.
  • Represents publicly-traded company in connection with multiple property tax appeals against several municipalities throughout the Commonwealth.
  • Obtained judgement for landlord/client in commercial eviction proceeding, entitling client to retake possession of high-value industrial premises and recover over $370,000 in monetary damages.
  • Successfully obtained attachment and other pre-judgement security for client involved in dispute with property developer that controlled $10 million+ in real estate assets.
  • Represented premier private university in connection with proceedings before Boston Landmarks Commission regarding official landmark designation for Fenway's iconic Citgo Sign.

Government Law

  • Lead trial counsel in proceedings before State Ballot Commission, in which client was awarded complete recovery on its claims that candidate for public office violated Massachusetts election laws in seeking access to state ballots.
  • Counsel to state agency in administrative proceedings related to client's obligations under Massachusetts Public Records Law.
  • Representing a privately-held company involved in adjudicatory proceedings before Federal Election Commission and related internal investigations into alleged violations of federal campaign finance laws

Life Sciences Litigation

  • Led investigation for the Audit Committee of a leading medical device company into financial reporting, regulatory compliance issues, and allegedly corrupt practices in business units on four continents.
  • Obtained dismissal–and subsequent affirmance on appeal–of all claims brought against medical technology company and its board members in fiduciary dispute with former investor.
  • Obtained dismissal of all claims asserted against institutional medtech investor in financial services litigation commenced by investment banking firm.

Recognition & Awards

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

Viewpoints

Real Estate, Construction & Infrastructure Viewpoints Thumbnail
Massachusetts issued a moratorium on evictions on April 20, 2020. In this video, Kelly Frey, a member of Mintz’s  Real Estate Litigation practice addresses what recourse landlords have to collect rent under this order.
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Real Estate, Construction & Infrastructure Viewpoints Thumbnail
Today, April 20, 2020, Governor Charles Baker signed into law an act providing for a moratorium on evictions and as well as foreclosures of residential property (the “Act”) during the pendency of Massachusetts’ COVID-19 emergency declared by the Governor on March 10, 2020.
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Real Estate, Construction & Infrastructure Viewpoints Thumbnail
On March 23, 2020, Governor Charlie Baker of Massachusetts issued COVID-19 Order No. 13 requiring all businesses and organizations in the Commonwealth of Massachusetts that do not provide “COVID-19 Essential Services” (“Essential Services”) to close their physical workplaces and facilities to workers, customers and the public as of 12:00 noon on Tuesday, March 24, 2020 until 12:00 noon on April 7, 2020. On March 31, 2020, Governor Baker issued a related order, COVID-19 Order No. 21 (the “Order”) extending the operation of its previous order to May 4, 2020 and updating the list of Essential Services based on federal guidance.
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Real Estate, Construction & Infrastructure Viewpoints Thumbnail
On March 23, 2020, Governor Charlie Baker of Massachusetts issued COVID-19 Order No. 13 (the “Order”) requiring all businesses and organizations in the Commonwealth of Massachusetts that do not provide “COVID-19 Essential Services” (“Essential Services”) to close their physical workplaces and facilities to workers, customers and the public as of 12:00 noon on Tuesday, March 24, 2020 until 12:00 noon on April 7, 2020.  
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Lobbying and Public Policy Viewpoints Thumbnail
This alert covers the March 23 order by Governor Charlie Baker requiring business closures and prohibiting gatherings of more than 10 people.
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Real Estate, Construction & Infrastructure Viewpoints Thumbnail

Commercial Eviction Restrictions Take Shape Nationwide

March 23, 2020 | Blog | By Kelly Frey, Alyssa B. Roy

In response to the growing COVID-19 crisis, an increasing number of state and local governments will be issuing Executive Orders that mandate the closure of private businesses and require citizens to “stay home” or “shelter in place.” Several jurisdictions, including San Francisco, Los Angeles, and New York, are trying to mitigate the downstream economic impact of such Orders by limiting or banning commercial evictions during the pendency of the COVID-19 epidemic.
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Viewpoint Thumbnail
This advisory from the Mintz Government Law Practice outlines the details of Governor Baker’s March 15, 2020 executive orders aimed at reducing exposure to COVID-19.
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Viewpoint Thumbnail

Governor Baker Issues Executive Order to Reduce Risk of COVID-19 Exposure at Public Meetings

March 16, 2020 | Advisory | By Kelly Frey, Elissa Flynn-Poppey

As part of the Commonwealth’s extensive response to the COVID-19 outbreak, Governor Charlie Baker has temporarily suspended certain requirements of the Massachusetts Open Meeting Law in hopes of reducing the public’s risk of exposure at public meetings. This alert reviews the details of the Governor’s Executive Order, which takes steps to preserve the public’s rights to participate in meetings held by public bodies.
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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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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. 

Events

Panelist
Sep
8
2016

2016 Business Law Section Annual Conference

American Bar Association

Westin Copley Essex North, Third Floor Boston, MA