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Bostock v. Clayton County and Implications for Title VII Litigation
Kelly L. Frey
Partner
150 Fourth Avenue, North
Suite 1100
Nashville, TN 37219
Kelly Frey focuses his practice on clients who create and use intellectual property and technology. His practice ranges from multi-national clients creating next-generation technology to enable transportation, entertainment, and consumer services to VC-backed companies creating platforms for telemedicine-telecommunications, financial services, and consumer engagement. He has assisted buyers, sellers, innovators, and investors in protecting and monetizing...
Kelly Frey focuses his practice on clients who create and use intellectual property and technology. His practice ranges from multi-national clients creating next-generation technology to enable transportation, entertainment, and consumer services to VC-backed companies creating platforms for telemedicine-telecommunications, financial services, and consumer engagement. He has assisted buyers, sellers, innovators, and investors in protecting and monetizing “first of its kind” intellectual property, in technology licensing & transfers to create new products and industries, in contracting for hardware & software development-integration, in assuring supply chains & stable procurement relationships, and in appropriately allocating risks in cloud computing-shared resource engagements. As a result of his prior C-Suite experience and his emphasis on collaborative negotiations and relationship-based contracting, he is often called upon as an outside general counsel to lead teams involved in mission critical technology transactions involving board governance, capital-investment, mergers & acquisitions, digital commerce, and litigation strategy. Whether it is assisting in achieving quarterly market milestones or assuring decades-long market dominance, clients look to Mr. Frey as a “trusted counselor” in times of opportunity and in times of stress. Mr. Frey “wrote the book” on technology transactions and intellectual property (Frey on Technology Transactions and Intellectual Property), and he’s authored dozens of other books and articles on information technology, technology law, and intellectual property for Bloomberg, Super Lawyers, Best Lawyers in America, Thomson-Reuters, bar journals/newsletters, Bloomberg, and the American Bar Association.
An avid supporter of the arts, Mr. Frey has produced multiple feature films, including the healthy eating documentary “Eating You Alive” (featuring Samuel L Jackson and James and Suzy Cameron) and the official Jack Daniels documentary “Chasing Whiskey”, and is a Judge for the Emmys.
“first of its kind” intellectual property, in technology licensing & transfers to create new products and industries, in contracting for hardware & software development-integration, in assuring supply chains & stable procurement relationships, and in appropriately allocating risks in cloud computing-shared resource engagements. As a result of his prior C-Suite experience and his emphasis on collaborative negotiations and relationship-based contracting, he is often called upon as an outside general counsel to lead teams involved in mission critical technology transactions involving board governance, capital-investment, mergers & acquisitions, digital commerce, and litigation strategy. Whether it is assisting in achieving quarterly market milestones or assuring decades-long market dominance, clients look to Mr. Frey as a “trusted counselor” in times of opportunity and in times of stress. Mr. Frey “wrote the book” on technology transactions and intellectual property (Frey on Technology Transactions and Intellectual Property), and he’s authored dozens of other books and articles on information technology, technology law, and intellectual property for Bloomberg, Super Lawyers, Best Lawyers in America, Thomson-Reuters, bar journals/newsletters, Bloomberg, and the American Bar Association.
An avid supporter of the arts, Mr. Frey has produced multiple feature films, including the healthy eating documentary “Eating You Alive” (featuring Samuel L Jackson and James and Suzy Cameron) and the official Jack Daniels documentary “Chasing Whiskey”, and is a Judge for the Emmys.
Experience
Representative Matters
- Lead counsel for $400 million information technology infrastructure outsourcing for the North American operations of international auto manufacturer
- Lead counsel for disaster recovery outsourcing deal for headquarters location of Fortune 100 financial services company
- Lead counsel for enterprise-wide, mission-critical software licensing for Fortune 500 manufacturer and marketer of prestigious skincare, makeup, fragrance and hair care products
- Lead counsel for acquisition of national construction company by high net worth family
- Lead counsel for acquisition and resultant operations of multiple tourist destinations for high net worth family
- Former General Counsel to the Board of the Ethics and Compliance Association
- Responsible for the creation and implementation of anti-corruption system for Fortune 10 technology company for more than 30,000 sales channel partners worldwide
- Counsel and Associate Producer for “The Identical,” (with Ray Liotta, Ashley Judd, and Seth Green, winner of the coveted Audience Award at the 2014 Nashville Film Festival); Counsel for feature film “Hoovey;” Counsel for multiple feature productions and film investments for high net worth family; Executive Producer for the feature documentary “Eating You Alive” (with James Cameron and Samuel L. Jackson) and the feature narratives “Fogg,” “The Odds,” “John Doe,” and “All Light Will End”
- Co-inventor for four technology/business method patents (assigned to his Fortune 100 insurance client) that anticipated current Usage Based Insurance (UBI) programs
Previous Professional Experience
- Member/Partner, Private Practice with Nashville offices of national law firms (2003-2017)
- Attorney, Hartford Insurance Group – General Counsel to eCommerce subsidiaries of this Fortune 100 financial services company (2001-2003)
- Vice President, Legal Affairs, eFavorites (2000-2001) - (one of the first social networking sites)
- Director of Business and Legal Affairs, Audible.com (1999-2000) - (one of the first digital download companies)
- Vice President of Strategic Development and Counsel – Copyright Direct (IP/E-Commerce subsidiary of private company) (1997-1999) - Management responsibility for development and international product launch of a proprietary digital rights management system
- General Counsel, Copyright Clearance Center (1992-1997) - Primary legal resource to the U.S. Reproduction Rights Organization for the publishing industry. Assisted in creation of first digital rights licensing system used by Fortune 500 through consensus negotiations with publishing industry . U.S. representative to the EU funded IMPRIMATUR program – developed the first digital rights trading platform
- Attorney, Private Practice, Nashville (1982-1992)
Education
- University of Tennessee College of Law, JD (1982)
- Vanderbilt Graduate Medical School, MS, Human Pathology (1978)
- Vanderbilt University, BA (1973)
Admissions
- Tennessee
Practice Areas
Representative Matters
- Lead counsel for $400 million information technology infrastructure outsourcing for the North American operations of international auto manufacturer
- Lead counsel for disaster recovery outsourcing deal for headquarters location of Fortune 100 financial services company
- Lead counsel for enterprise-wide, mission-critical software licensing for Fortune 500 manufacturer and marketer of prestigious skincare, makeup, fragrance and hair care products
- Lead counsel for acquisition of national construction company by high net worth family
- Lead counsel for acquisition and resultant operations of multiple tourist destinations for high net worth family
- Former General Counsel to the Board of the Ethics and Compliance Association
- Responsible for the creation and implementation of anti-corruption system for Fortune 10 technology company for more than 30,000 sales channel partners worldwide
- Counsel and Associate Producer for “The Identical,” (with Ray Liotta, Ashley Judd, and Seth Green, winner of the coveted Audience Award at the 2014 Nashville Film Festival); Counsel for feature film “Hoovey;” Counsel for multiple feature productions and film investments for high net worth family; Executive Producer for the feature documentary “Eating You Alive” (with James Cameron and Samuel L. Jackson) and the feature narratives “Fogg,” “The Odds,” “John Doe,” and “All Light Will End”
- Co-inventor for four technology/business method patents (assigned to his Fortune 100 insurance client) that anticipated current Usage Based Insurance (UBI) programs
Previous Professional Experience
- Member/Partner, Private Practice with Nashville offices of national law firms (2003-2017)
- Attorney, Hartford Insurance Group – General Counsel to eCommerce subsidiaries of this Fortune 100 financial services company (2001-2003)
- Vice President, Legal Affairs, eFavorites (2000-2001) - (one of the first social networking sites)
- Director of Business and Legal Affairs, Audible.com (1999-2000) - (one of the first digital download companies)
- Vice President of Strategic Development and Counsel – Copyright Direct (IP/E-Commerce subsidiary of private company) (1997-1999) - Management responsibility for development and international product launch of a proprietary digital rights management system
- General Counsel, Copyright Clearance Center (1992-1997) - Primary legal resource to the U.S. Reproduction Rights Organization for the publishing industry. Assisted in creation of first digital rights licensing system used by Fortune 500 through consensus negotiations with publishing industry . U.S. representative to the EU funded IMPRIMATUR program – developed the first digital rights trading platform
- Attorney, Private Practice, Nashville (1982-1992)
Articles & Speeches
Recognitions
- National Law Journal- Intellectual Property Trailblazer (2019)
- World Technology Network, one of fewer than 10 practicing attorneys in the world to be selected as Fellow "for work deemed most likely to be of long-term significance” (Fellowship is limited to selection by the 1,000 scientists, entrepreneurs, financiers, journalists, academics, and policymakers spread out over 60 countries who are current Fellows and collectively recognized for “creating the 21st century” as we know it)
- Super Lawyers® (2011-2019, only attorney selected in Mid-South Super Lawyers in Technology Transactions)
- The Best Lawyers in America© (2007-2020); Lawyer of the Year, Technology Law (2013); Lawyer of the Year, Information Technology Law, (2015, 2017, 2019)
- AV rated, Martindale-Hubbell®, Top-Rated Lawyer in Intellectual Property Law (2013)
- Nashville Bar Journal, “Best of the Bar” in Technology Law (2006, 2015, 2017)
Professional Activities
- Nashville Bar Association, Business Law Committee, Co-Chair
- Nashville Bar Foundation
Community
- Arts and Business Council of Greater Nashville, Board Member (2018-present); Chair-Elect (2019-2020)
- Nashville Japanese Film Festival Board, President (2017-2018); Vice President (2019-2020)
- Nashville Film Festival, Board, Vice President (2013-2014); President (2014-2015)
- Historic Franklin Theatre, Board of Governors, President (2018)
- Studio Tenn, Board of Directors; Officer (2017-2018)
- Lawyers and Professionals for the Arts, Volunteer
- Member of National Academy of Television Arts and Sciences (NATAS) and Judge (for Emmys)
Kelly Frey focuses his practice on clients who create and use intellectual property and technology. His practice ranges from multi-national clients creating next-generation technology to enable transportation, entertainment, and consumer services to VC-backed companies creating platforms for telemedicine-telecommunications, financial services, and consumer engagement. He has assisted buyers, sellers, innovators, and investors in protecting and monetizing... “first of its kind” intellectual property, in technology licensing & transfers to create new products and industries, in contracting for hardware & software development-integration, in assuring supply chains & stable procurement relationships, and in appropriately allocating risks in cloud computing-shared resource engagements. As a result of his prior C-Suite experience and his emphasis on collaborative negotiations and relationship-based contracting, he is often called upon as an outside general counsel to lead teams involved in mission critical technology transactions involving board governance, capital-investment, mergers & acquisitions, digital commerce, and litigation strategy. Whether it is assisting in achieving quarterly market milestones or assuring decades-long market dominance, clients look to Mr. Frey as a “trusted counselor” in times of opportunity and in times of stress. Mr. Frey “wrote the book” on technology transactions and intellectual property (Frey on Technology Transactions and Intellectual Property), and he’s authored dozens of other books and articles on information technology, technology law, and intellectual property for Bloomberg, Super Lawyers, Best Lawyers in America, Thomson-Reuters, bar journals/newsletters, Bloomberg, and the American Bar Association.
An avid supporter of the arts, Mr. Frey has produced multiple feature films, including the healthy eating documentary “Eating You Alive” (featuring Samuel L Jackson and James and Suzy Cameron) and the official Jack Daniels documentary “Chasing Whiskey”, and is a Judge for the Emmys.
Experience
Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.Representative Matters
- Lead counsel for $400 million information technology infrastructure outsourcing for the North American operations of international auto manufacturer
- Lead counsel for disaster recovery outsourcing deal for headquarters location of Fortune 100 financial services company
- Lead counsel for enterprise-wide, mission-critical software licensing for Fortune 500 manufacturer and marketer of prestigious skincare, makeup, fragrance and hair care products
- Lead counsel for acquisition of national construction company by high net worth family
- Lead counsel for acquisition and resultant operations of multiple tourist destinations for high net worth family
- Former General Counsel to the Board of the Ethics and Compliance Association
- Responsible for the creation and implementation of anti-corruption system for Fortune 10 technology company for more than 30,000 sales channel partners worldwide
- Counsel and Associate Producer for “The Identical,” (with Ray Liotta, Ashley Judd, and Seth Green, winner of the coveted Audience Award at the 2014 Nashville Film Festival); Counsel for feature film “Hoovey;” Counsel for multiple feature productions and film investments for high net worth family; Executive Producer for the feature documentary “Eating You Alive” (with James Cameron and Samuel L. Jackson) and the feature narratives “Fogg,” “The Odds,” “John Doe,” and “All Light Will End”
- Co-inventor for four technology/business method patents (assigned to his Fortune 100 insurance client) that anticipated current Usage Based Insurance (UBI) programs
Previous Professional Experience
- Member/Partner, Private Practice with Nashville offices of national law firms (2003-2017)
- Attorney, Hartford Insurance Group – General Counsel to eCommerce subsidiaries of this Fortune 100 financial services company (2001-2003)
- Vice President, Legal Affairs, eFavorites (2000-2001) - (one of the first social networking sites)
- Director of Business and Legal Affairs, Audible.com (1999-2000) - (one of the first digital download companies)
- Vice President of Strategic Development and Counsel – Copyright Direct (IP/E-Commerce subsidiary of private company) (1997-1999) - Management responsibility for development and international product launch of a proprietary digital rights management system
- General Counsel, Copyright Clearance Center (1992-1997) - Primary legal resource to the U.S. Reproduction Rights Organization for the publishing industry. Assisted in creation of first digital rights licensing system used by Fortune 500 through consensus negotiations with publishing industry . U.S. representative to the EU funded IMPRIMATUR program – developed the first digital rights trading platform
- Attorney, Private Practice, Nashville (1982-1992)
Education
- University of Tennessee College of Law, JD (1982)
- Vanderbilt Graduate Medical School, MS, Human Pathology (1978)
- Vanderbilt University, BA (1973)
Admissions
- Tennessee
Practice Areas
- Banking & Financial Services
- Communications, Entertainment & Media
- Corporate & Securities
- Cybersecurity & Data Privacy
- Opportunity Zones
- Outsourcing & Digital Transformation
- Technology
- Trademarks & Copyrights
Industries
- National Law Journal- Intellectual Property Trailblazer (2019)
- World Technology Network, one of fewer than 10 practicing attorneys in the world to be selected as Fellow "for work deemed most likely to be of long-term significance” (Fellowship is limited to selection by the 1,000 scientists, entrepreneurs, financiers, journalists, academics, and policymakers spread out over 60 countries who are current Fellows and collectively recognized for “creating the 21st century” as we know it)
- Super Lawyers® (2011-2019, only attorney selected in Mid-South Super Lawyers in Technology Transactions)
- The Best Lawyers in America© (2007-2020); Lawyer of the Year, Technology Law (2013); Lawyer of the Year, Information Technology Law, (2015, 2017, 2019)
- AV rated, Martindale-Hubbell®, Top-Rated Lawyer in Intellectual Property Law (2013)
- Nashville Bar Journal, “Best of the Bar” in Technology Law (2006, 2015, 2017)
- Nashville Bar Association, Business Law Committee, Co-Chair
- Nashville Bar Foundation
- Arts and Business Council of Greater Nashville, Board Member (2018-present); Chair-Elect (2019-2020)
- Nashville Japanese Film Festival Board, President (2017-2018); Vice President (2019-2020)
- Nashville Film Festival, Board, Vice President (2013-2014); President (2014-2015)
- Historic Franklin Theatre, Board of Governors, President (2018)
- Studio Tenn, Board of Directors; Officer (2017-2018)
- Lawyers and Professionals for the Arts, Volunteer
- Member of National Academy of Television Arts and Sciences (NATAS) and Judge (for Emmys)
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