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. During the COVID-19 pandemic, Kelly has counselled several clients on state and local executive orders, foreclosure restrictions, eviction moratoria, and other emergency regulations that impact clients’ real estate assets..
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 first-of-its-kind victory for landlord client in the seminal case interpreting Massachusetts’ COVID-19 Eviction Moratorium and its impact on commercial landlords’ remedies.
- Achieved precedent-setting victory awarding preliminary injunction to enforce investor client’s removal of joint venture’s managing member and seize full control and governance rights over $80+ million luxury condominium project.
- 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 recovery of extensive 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
- Represents state financing authority in litigation related to Massachusetts Public Records Law and its protections for confidential and personal information held by government entities.
- 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
- Benchmark Litigation: 40 & Under Hot List (2021)
- Law360: Rising Star - Real Estate (2021)
- Massachusetts Super Lawyers: Rising Star – Business Litigation (2013 – 2021)
- National College of Trial Lawyers Medal for Excellence in Advocacy
Recent Insights
Viewpoints
Practical Guidance for Massachusetts Commercial Landlords
May 29, 2020 |Blog
News & Press
Mintz Member Kelly Frey was featured by Law360 as among the publication’s 2021 Rising Stars in the Real Estate category.
Viewpoints
Practical Guidance for Massachusetts Commercial Landlords
May 29, 2020 | Blog | By Kelly Frey
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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Governor Baker Signs Legislation Creating a Temporary Moratorium on Evictions: What Commercial Landlords Need to Know
April 21, 2020 | Blog | By Kelly Frey, Jennifer Kiely, Chelsea Wood
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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Governor Baker Extends and Modifies Order Closing All Non-Essential Massachusetts Businesses: Updates that Office Landlords Should Know
April 3, 2020 | Blog | By Chelsea Wood, Jennifer Kiely, Kelly Frey
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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Governor of Massachusetts Orders Closure of All Non-Essential Businesses: What Office Landlords Should Know
March 25, 2020 | Blog | By Chelsea Wood, Jennifer Kiely, Kelly Frey
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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Governor Baker Issues Order Requiring Closure of All Businesses Except Those Providing Essential Services and Prohibiting Gatherings of More than 10 People
March 23, 2020 | Advisory | By Elissa Flynn-Poppey, Kelly Frey
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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Commercial Eviction Restrictions Take Shape Nationwide
March 23, 2020 | Blog | By Kelly Frey
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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Governor Baker Issues Multiple Executive Orders to Reduce Risk of COVID-19 Exposure at Restaurants, Bars & Gatherings of 25 People or More & DPH Issues Further Guidance
March 17, 2020 | Advisory | By Elissa Flynn-Poppey, Kelly Frey
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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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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Time to Place Your Bets? Key Things to Know about the Supreme Court Sports Gambling Decision
May 16, 2018 | Blog | By Kelly Frey
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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After Schiano: Lessons For Athletic Directors from Tennessee’s Coaching Search
December 7, 2017 | Blog | By Kelly Frey
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
Rising Star: Mintz's Kelly L. Frey
June 24, 2021
Mintz Member Kelly Frey was featured by Law360 as among the publication’s 2021 Rising Stars in the Real Estate category.
Eviction Ban Doesn’t Preclude Attachment
September 2, 2020
Massachusetts Lawyers Weekly covered a recent Superior Court decision holding that despite the state’s eviction moratorium, a commercial landlord could attach its tenant’s assets to secure landlord’s claim for unpaid rent obligations during the COVID-19 pandemic. The article included commentary on the decision from Mintz Member Kelly Frey, who represents the commercial landlord in the case.
Mintz Promotes Eleven Attorneys to Member
May 10, 2019
Where Sports Bet Ruling Meets Federal Gambling Laws
June 12, 2018
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.
Eighty-Four Mintz Attorneys Named 2016 Massachusetts Super Lawyers and Rising Stars
October 18, 2016
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