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Kelly L. Frey

Member

[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 navigation 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 economical 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.

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

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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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