Jessica G. Kelly is an experienced litigator who helps clients resolve complex business, real estate, and professional malpractice disputes and disciplinary investigations.
A partner in the firm’s Litigation Department and chair of its Pro Bono Practice Group, she represents clients across various industries, such as finance, biotech, and national retail. She currently serves as Vice-Chair of the Massachusetts Bar Association’s Complex Commercial Litigation Council. A longtime supporter of the PAIR Project, Jessica has obtained asylum for three clients and in 2015 was recognized as PAIR’s Pro Bono Asylum Attorney of the Year. She was named a Massachusetts Lawyer’s Weekly “Up and Coming” Lawyer and has been recognized as a rising star by the National Law Journal, Connecticut Law Tribune, and Benchmark Litigation.
After law school, Jessica was law clerk to the Hon. Donald G. Alexander, Maine Supreme Judicial Court. Before law school, Jessica worked as a Victim Witness Advocate for the Suffolk County District Attorney’s Office. She is conversant in Spanish and has completed 12 marathons, including Boston, Chicago, Cape Cod, New York City, Philadelphia, and Washington D.C. She ran the 2018 Boston Marathon for My Life My Choice and the 2016 Boston Marathon for the Martin Richard Foundation.
Experience
- Obtained summary judgment on behalf of landlord on a claim by tenant arising from a roof collapse
- Beneficiaries of real estate trust in a dispute over the sale of property in Boston
- Authored amicus brief on behalf of NAIOP Massachusetts, Real Estate Bar Association, and the Abstract Club, in landmark SJC decision in Sudbury v. MBTA, holding that the prior public use doctrine is inapplicable when land owned by a public entity is conveyed to a private entity for a different use
- Obtained dismissal of Chapter 21E (hazardous materials) claims against national retailer
- Solar developer in zoning appeal dispute concerning easement on private property
- Aviation company in Chapter 30A wetlands permit the appeal to Massachusetts Department of Environmental Protection (DEP)
- Commercial landlords and tenants in leasing matters, including force majeure disputes
- Condominium trust in claims arising from a defective roof
- Obtained summary judgment for doctors on claims brought by former medical practice
- Nationals retailers in vendors disputes
- Educational institution in an easement and boundary dispute in Massachusetts Land Court
- Hedge funds and their investment manager in claims against funds’ former third party administrator
- Summary judgment granted for client, a biotech company, against claims of misappropriation of trade secrets by a competitor
- Summary judgment granted for client, a national retailer, against claims brought by third-party business brokers
- Town in an appeal to the Massachusetts Housing Appeals Committee, appealing decision of Chapter 40B housing
- Quasi-public finance agency in claims by a guarantor and obtaining summary judgment that was affirmed by the Massachusetts Appeals Court
- Insurance company in coverage dispute and unfair insurance practices claim
- Defending lawyers and law firms in legal malpractice claims; obtaining full and partial summary judgment
- Defending lawyers in disciplinary investigations before the Board of Bar Overseers
Accolades
Speaking Engagements & Publications
- “How Courts May Interpret COVID-19 Waivers Of Liability,” author, Law360, May 22, 2020
- “COVID-19 Negligence Claims Looming For Hospitality Industry,” author, Law360, May 1, 2020
- “Firing or Withdrawal of Counsel During Litigation,” panelist, Strafford CLE, November 20, 2019
- “Recovering Punitive Damages in Attorney Malpractice Cases,” author, Boston Bar Journal, June 6, 2019
- “Conflicts of Interest in Complex Commercial Litigation,” speaker, Massachusetts Bar Association, May 14, 2019
- “Bankruptcy Ruling Reminds Corp. Counsel to Mind Rule 1.13,” co-author, Law360, February 2019
- “The attorney-client relationship 101,” co-author, Massachusetts Lawyers Weekly, December 31, 2018
- “How To Withdraw From Representation Ethically In Mass,” co-author, Law360, May 7, 2018
- “Corporate Counsel and Duties Beyond the Client,” co-author, Law360, January 3, 2018
- “Duties to Non-Client Third Parties,” speaker, Boston Bar Association, October 2017
- “Newly Elected Partner,” panel member, Boston Bar Association’s Brand Yourself 2.0 Conference, February 2017
- “Practicing with Professionalism,” speaker, Massachusetts Bar Association CLE, January 2017
- “Is the ‘hot potato doctrine’ now applicable in Massachusetts?” Massachusetts Lawyers Weekly, July 2016
- “Preparing a Client for Deposition,” panelist, Boston Bar Association, February 2016
- “Practicing with Professionalism,” speaker, Massachusetts Bar Association CLE, January 2016
- “Second Annual Consumer Advocacy Symposium and MBA Pinnacle Awards,” moderator, Massachusetts Bar Association CLE, November 2015
- “Litigation Practice & Strategy: What Every New Civil Litigator Should Know,” panelist, Boston Bar Association CLE, February 2015
- “Discovery Disputes,” panelist, Boston Bar Association CLE, February 2014
- “How to Protect Your Students from Cyberbullying,” The Chronicle of Higher Education, March 2012
- “Lateral Hires Can Bring on a Lot of Potential Conflicts Baggage,” ABA Journal, with Edward S. Cheng, December 2009
Related Blog Posts
- Bankruptcy Court Weighs in on Conflicts of Interest in Business Transactions, January 25, 2019
- The Attorney – Client Relationship 101: Helpful Reminders Before, During and After Representation, September 24, 2018
- How to Withdraw from Representation Ethically in Mass, May 16, 2018
- Corporate Counsel And Duties Beyond The Client published on Law360.com, February 15, 2018
- Supreme Court Employment Cases to Watch, December 12, 2017
- Email Pitfalls in Business Transactions, October 13, 2015
- How to Avoid a Fee Dispute with Your Client, March 9, 2015
Memberships
Community Involvement
- Political Asylum Immigration Representation (PAIR) Project
- 2015 Pro Bono Asylum Attorney of the Year
- Chair of firm’s United Way workplace campaign
- Needham Youth Soccer Coach
