Practice:

• Business Litigation
• Government Investigations & White Collar Crime
• Securities Litigation

Bar Admissions:

Massachusetts
U.S. District Court for the District of Massachusetts
U.S. Court of Appeals for the First Circuit
U.S. Supreme Court

Experience:

Mr. Kelly practices in the areas of complex civil litigation and white-collar criminal defense and regulatory investigations. He has tried numerous jury and nonjury cases, civil and criminal, in federal and state courts. He also has successfully handled appeals in both jurisdictions. Mr. Kelly has been recognized as among the best in his fields by the publications Best Lawyers in America and Massachusetts Super Lawyers.

His areas of expertise in civil litigation include aviation, commercial and business litigation, complex bankruptcy litigation, directors' and officers' liability, intellectual property and securities and tax litigation. His clients have included Charles Schwab & Co. in customer suits and SEC enforcement matters, the Chapter 7 trustee of the Bank of New England Corporation in federal civil litigations arising out of the biggest bank failure in New England, American Airlines and subsidiaries in aviation tort litigations, the Boston Celtics, its players and staff, as well as health care executives with pharma and medical device companies.

Mr. Kelly's areas of expertise in criminal defense include antitrust, bank, securities and tax fraud, health care fraud including pharmaceutical and medical device cases, and RICO, environmental, and international fraud and technology transfer cases. He also has special expertise handling parallel civil/administrative and criminal proceedings. He represents companies and individuals in federal and state grand jury and regulatory investigations and prosecutions.

From 1982 to 1988, he was Assistant United States Attorney, Major Frauds Unit, the Criminal Division, United States Attorney's Office for the District of Massachusetts. In this position he successfully prosecuted and tried international high-technology transfer crimes and RICO, bank, securities and tax fraud cases.

Mr. Kelly has handled securities and other arbitrations as advocate and arbitrator.

Recent Representations:

• Successfully resolved post acquisition litigation for stock exchange listed company in telecommunications technology industry.
• Obtained dismissal of multi-district residential mortgage backed securities litigation against former officers of Countywide Financial Corp. and subsidiaries.
• Litigated estate tax case issue of first impression through federal courts, including U.S. Court of Appeals and petition for writ of certiorari to U.S. Supreme Court.
• Won dismissal and change of venue to foreign court of litigation between developers/managing directors and private equity limited partners and investors in energy facility projects.
• Successfully defended psychiatrist in matter before the Massachusetts Board of Medicine.
• Successfully defended target wholesale software equipment distributor company and CEO in federal grand jury investigation into illegal trafficking in counterfeit goods.
• Successfully defended target company and officers in multiple state grand jury investigations into computer fraud and abuse violations.

Mr. Kelly is a Trial Advisor in Harvard Law School's Trial Advocacy Workshop. He has lectured at Massachusetts Continuing Legal Education, Inc. He has authored: "Enforcement of U.S. Export Control Laws," Producing and Exporting Technology, MCLE (2005); New England Law School Journal article on "The Economic Espionage Act of 1996" (2000); "Confronting A Government Investigation," Winning Before Indictment, MCLE (1996).

Additional Information:

• Francis Ouimet Scholarship Fund, Inc., Director and Secretary, General Counsel and Executive Committee member
• Thomas J. Drinan Memorial Fellowship Committee, member
• Williams College Alumni Executive Committee, former member
• Mr. Kelly served a six-year term as chairman of the Police Review and Advisory Board in Cambridge, Massachusetts.
• Mr. Kelly served several years on the Criminal Justice Act Panel for the United States District Court (D.Mass.).
• Mr. Kelly is functional in German and French

Education:

• J.D., Columbia Law School
• B.A., Williams College

Awards:

• Mr. Kelly was selected by his peers for inclusion in The Best Lawyers in America® (2007-2013) in the field(s) of Commercial Litigation, and Criminal Defense - White Collar. Best Lawyers® is based on an exhaustive peer-review survey in which more than 41,000 leading attorneys throughout the country cast almost 3.9 million votes on the legal abilities of other lawyers in their practice areas. Inclusion in Best Lawyers® is considered a singular honor.
• Mr. Kelly was selected for inclusion in Massachusetts Super Lawyers® (2004-2012). Super Lawyers and Rising Stars employ an annual jurisdictional selection process. Only five percent of lawyers in the state were selected to the Super Lawyers list and 2.5 percent to the Rising Stars list. The listing appears annually in the November issue of Boston magazine and in New England Super Lawyers.

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