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.
viewpoints
Welcome Back: New York State Gaming Commission Issues Temporary Permits to Five Daily Fantasy Operators
September 7, 2016 | Blog | By Kelly Frey
Federal District Court Orders FDA to Produce Records Regarding New Drug Application Pursuant to FOIA
August 23, 2014 | Alert | By Kelly Frey, Elissa Flynn-Poppey
Supreme Court Rewrites the Rules for Individual Campaign Contributions: McCutcheon v. Federal Election Commission
April 8, 2014 | Alert | By Elissa Flynn-Poppey, Kelly Frey
News & Press
Benchmark Litigation has recognized seventeen Mintz Members in its 2024 guide to the leading litigation firms and lawyers in the US. The firm was also acknowledged for its work in Massachusetts, being named “Highly Recommended” in the Commonwealth and received top-tier rankings across three practice categories, including General Commercial, Insurance, and White Collar.
Mintz is pleased to announce that 31 attorneys have been named Massachusetts Super Lawyers and 35 attorneys have been named Massachusetts Rising Stars for 2024.
Fifty-Nine Attorneys Recognized as 2023 Massachusetts Super Lawyers and Rising Stars
October 12, 2023
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.
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.
35 Mintz attorneys have been named Massachusetts Super Lawyers and 25 Mintz attorneys have been named Massachusetts Rising Stars for 2022.
Rising Star: Mintz's Kelly L. Frey
June 24, 2021
Eviction Ban Doesn’t Preclude Attachment
September 2, 2020
Mintz Promotes Eleven Attorneys to Member
May 10, 2019
Where Sports Bet Ruling Meets Federal Gambling Laws
June 12, 2018
Eighty-Four Mintz Attorneys Named 2016 Massachusetts Super Lawyers and Rising Stars
October 18, 2016
Events & Speaking
2016 Business Law Section Annual Conference
American Bar Association
Westin Copley Essex North, Third Floor Boston, MA
Recognition & Awards
Benchmark Litigation: 40 & Under Hot List (2021 - 2022)
Law360: Rising Star - Real Estate (2021)
Massachusetts Super Lawyers: Business Litigation (2024)
Massachusetts Super Lawyers: Rising Star – Business Litigation (2013 - 2023)
National College of Trial Lawyers Medal for Excellence in Advocacy
Benchmark Litigation: Future Stars (2024-2025)