Kelly L. Frey

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.