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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.

Education

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

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

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 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. 

Events

Panelist
Sep
8
2016

2016 Business Law Section Annual Conference

American Bar Association

Westin Copley Essex North, Third Floor Boston, MA