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Kelly L. Frey

Member

[email protected]

+1.617.348.1827

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Kelly advises clients on a broad range of disputes involving commercial real estate and government regulation, including complex lease disputes, commercial evictions, permits/zoning appeals, tax abatements, appraisal disputes, and administrative proceedings before state and federal agencies. Kelly is an accomplished trial lawyer who has won verdicts across multiple jurisdictions, though his clients frequently prevail at earlier stages of litigation due to Kelly’s skillful pre-trial strategies and compelling written advocacy. In 2021, Kelly was among only five real estate attorneys nationwide—and the sole real estate litigator—to be included in Law360’s annual list of Rising Stars “whose legal accomplishments transcend their age,” and Kelly was also named to Benchmark Litigation’s 40 & Under Hot List of “the best and brightest law firm partners under 40 in the United States.”

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.

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.
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viewpoints

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

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Mintz is pleased to announce that 32 attorneys have been named Massachusetts Super Lawyers and 27 attorneys have been named Massachusetts Rising Stars for 2023.
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Benchmark Litigation has recognized 14 Mintz Members in its newly released 2024 guide to the leading litigation firms and lawyers in the US. The firm was also acknowledged for its work in Massachusetts and received high rankings across three practice areas, including General Commercial, Insurance, and White Collar.
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35 Mintz attorneys have been named Massachusetts Super Lawyers and 25 Mintz attorneys have been named Massachusetts Rising Stars for 2022.
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Mintz Member Kelly Frey was featured by Law360 as among the publication’s 2021 Rising Stars in the Real Estate category.
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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.
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. 
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Events & Speaking

Panelist
Sep
8
2016

2016 Business Law Section Annual Conference

American Bar Association

Westin Copley Essex North, Third Floor Boston, MA

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Recognition & Awards

  • Benchmark Litigation: 40 & Under Hot List (2021 - 2022)

  • Law360: Rising Star - Real Estate (2021) 

  • Massachusetts Super Lawyers: Rising Star – Business Litigation (2013 - 2023)

  • National College of Trial Lawyers Medal for Excellence in Advocacy

  • Benchmark Litigation: Future Stars (2024)

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