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Daniel J. Kelly

Partner, McCarter & English LLP

Mr. Kelly's 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.

Most recently, Mr. Kelly served as lead Massachusetts counsel for General Electric Company in an environmental insurance coverage dispute pending in the Business Litigation Section of the Massachusetts Superior Court. In the matter, GE sought damages and a declaration of coverage against its former primary insurer, the Electric Mutual Liability Insurance Company (EMLICO), for environmental clean-up and remediation and defense costs incurred by GE in the defense of numerous actions instituted by federal and state authorities pursuant to CERCLA and related state statutes with respect to over 100 plants, facilities and sites throughout the United States, including actions to clean up PCB contamination in the Hudson and Housatonic Rivers. The case was reported settled on June 2, 2010. The Court was to decide whether general liability policies issued by EMLICO to GE between 1959 and 1967 cover claims by GE for the indemnity and defense costs arising from the environmental sites at issue in the litigation. Prior to the dispute's settlement, the Court issued key and material summary judgment decisions in favor of the policyholder. 

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