Education

  • J.D., George Washington School, The National Law Center, with honors, 1985
  • B.A., College of the Holy Cross, magna cum laude, 1982

Bar Admissions

  • Massachusetts
  • District of Columbia
  • Maryland
  • Virginia

Memberships & Affiliations

Massachusetts, Virginia, Maryland and District of Columbia Bar Associations

American Bar Association, Public Contract and Litigation Sections

Chair, Boston Lawyers Division of the Federalist Society for Law & Public Policy Studies

Daniel J. Kelly

Partner
  • T: 617.449.6526
    F: 617.326.3088

Mr. Kelly's chair the firm’s government contracts group. His practice combines both counseling and acting as an advocate on behalf of clients doing business in the commercial and government marketplaces. Mr. Kelly has extensive experience in the fields of business and intellectual property litigation, commercial contracting, licensing, and federal and state procurement law. He helps businesses negotiate their commercial contracts with customers and vendors. He counsels businesses when disputes arise and defends them in court and arbitration proceedings. Mr. Kelly has knowledge of the government contracting process both on a federal and state level, and the specific laws, regulations, contract clauses and dispute resolution mechanisms in this specialized area. He provides advice and guidance to clients who are in the government supply chain, either as prime contractors, subcontractors or vendors. He helps clients review government solicitations, prepare proposals, and negotiate teaming arrangements and subcontracts with other suppliers. He assists clients in protecting their intellectual property and proprietary information concerning their businesses when doing business with the government. He advocates for clients who wrongfully were passed over for a contract award. He assists clients in the preparation of claims arising under government contracts as a result of change orders, delays, and terminations for default or convenience.

Dan (together with his colleagues Bob Mintz and Bonnie Vanzler) most recently represented Batelco, the Bahraini telecommunications company,  in a protest before the Government Accountability Office (GAO), Bahrain Telecommunications Company, B.S.C., B-407682.2, B-407682.3  (Jan 28, 2013), challenging an award  by the Defense Information Systems Agency (DISA), Defense Information Technology Contracting Organization (DITCO) for a communications circuit. GAO found that the agency’s technical evaluation of the awardee was unreasonable and flawed, sustained the protest and awarded Batelco costs and reasonable attorneys fees. 

Mr. Kelly is Chair of the Boston Lawyers Division of the Federalist Society for Law & Public Policy Studies.

Mr. Kelly is an adjunct member of the faculty at Suffolk University Law School where he teaches Government Contracts.

Mr. Kelly is a frequent commentator on political and legal issues for WGBH's Greater Boston and NECN's NewsNight with Jim Braude.

Mr. Kelly is recognized as a Massachusetts Super Lawyer for 2006, 2008 and 2009.

Representative Matters

Defense Contractor
Reached favorable settlement on behalf of a defense contractor client whose President’s executive compensation was challenged as unreasonable and allowable by the Defense Contract Audit Agency and the Defense Contract Management Agency.
Represented LePage’s in an Agency Appeal Before the D.C. Circuit Court of Appeals
When LePage’s came to McCarter & English, the Postal Regulatory Commission (PRC) had just issued an Order restricting the Postal Service from engaging in certain licensing activities which negatively impacted a licensing agreement LePage’s had reached with the Postal Service.  Through the work of Daniel J. Kelly, David Himelfarb, and Bonnie Vanzler, McCarter was able to implement a multi-prong offensive directed at overturning the PRC’s Order.  On the litigation front, McCarter successfully appealed the PRC’s Order to the United States Court of Appeals for the District of Columbia.  Not only did the Court of Appeals rule in LePage’s favor, finding the agency’s decision to be arbitrary and capricious, but the Court also awarded LePage’s its attorneys’ fees under the Equal Access to Justice Act (EAJA), concluding that the agency’s decision was not substantially justified.  McCarter then represented LePage’s before the PRC on remand and convinced the PRC to permit the licensing activities that were the subject of LePage’s license to continue.  Finally, working closely with Winning Strategies Washington, a Washington, D.C.-based government relations firm, McCarter was able to help LePage’s obtain an extension of its exclusive contract with the Postal Service for the sale of Postal Service branded mailing and shipping supplies.
Small Woman-Owned Business
Counseling of small woman-owned business on (a) bidding on and performing SBIR Phase I and II contracts for the Department of Defense and NASA, (b) entering into partnering relationships and subcontracts for the performance of government contracts, and (c) protecting and preserving ownership and control of inventions, technical data and computer software.
Subcontractor
Representation of subcontractor in connection with $9 million claim by top defense contractor resulting from alleged failure to adhere to contract specifications and meet contractual deadlines. Claim included delay damages, unabsorbed overhead, reprocurement costs, and cost of monies. In connection with same matter, pursued $6 million counterclaim for monies as a result of value engineering change proposal ("VECP") and changes to contract specifications and statement of work. Worked with outside claims analysts and technical experts to produce 150 page response and counterclaim. Resulted in successful negotiation of settlement of all outstanding claims among awarding authority, prime contractor and subcontractor. Litigation was avoided and client received follow-on work from the prime contractor.
Prime Contractor
Representation of a prime contractor in multimillion dollar dispute in Federal District Court against claims by a foreign subcontractor for disallowed work under a cost plus fixed fee contract and improper termination for convenience. In connection with same dispute, prosecuted claims for transfer of technical data and computer software produced under the subcontract to federal government consistent with the federal government's rights under the Prime Contract's data rights clauses.

Publications

05/21/13
Dan Kelly and Peter Antonelli among authors of, "Drafting & Negotiating Massachusetts Contracts"
MCLE 2nd Edition 1st Supplement 2013
01/25/13
09/01/11
08/05/10