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Jeffrey M. Kelly

Jeffrey M. Kelly

Senior Associate

GlenLake One
4140 Parklake Avenue
Suite 200
Raleigh, NC 27612
jeff.kelly@nelsonmullins.com

Jeff focuses his practice in areas of emerging technology, particularly in areas involving data analytics, digital assets, and FinTech. He works closely with entrepreneurs and companies to effectively navigate changing regulations, government investigations, and complex corporate and securities law challenges.


Jeff also represents clients before tribunals and agencies that concentrate on regulating new technology and...

Jeff focuses his practice in areas of emerging technology, particularly in areas involving data analytics, digital assets, and FinTech. He works closely with entrepreneurs and companies to effectively navigate changing regulations, government investigations, and complex corporate and securities law challenges.


Jeff also represents clients before tribunals and agencies that concentrate on regulating new technology and protecting trade secrets, including the North Carolina Business Court, the U.S. Securities and Exchange Commission (SEC), and federal courts.
 

Jeffrey M. Kelly

protecting trade secrets, including the North Carolina Business Court, the U.S. Securities and Exchange Commission (SEC), and federal courts.
 

Jeff focuses his practice in areas of emerging technology, particularly in areas involving data analytics, digital assets, and FinTech. He works closely with entrepreneurs and companies to effectively navigate changing regulations, government investigations, and complex corporate and securities law challenges.


Jeff also represents clients before tribunals and agencies that concentrate on regulating new technology and... protecting trade secrets, including the North Carolina Business Court, the U.S. Securities and Exchange Commission (SEC), and federal courts.
 

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.

Experience

  • Represented emerging technology companies on structuring and regulatory compliance related to decentralized autonomous organizations (DAOs), non-fungible tokens (NFTs), and other digital asset issuances.
  • Advised clients and counsel with issues related to data analytics, artificial intelligence, e-Discovery, and technical expert witnesses.
  • Trade secret protection, non-compete, and unfair trade and deceptive trade practices litigation, including pursuing and defending requests for emergency injunctive relief.
  • Shareholder and securities litigation, outside general counsel services, and internal investigations, including working with and co-chairing special litigation committees tasked with investing derivative claims.

Representative Matters

  • Advised technology companies with respect to the current legal framework for digital asset issuances, including structuring DAOs, issuing NFTs and other tokens, and emerging decentralized business models.
  • Represented technology companies with respect to regulatory inquiries from U.S. agencies, including the U.S. Securities and Exchange Commission (SEC).
  • Served as counsel for fraud examination professionals accused of involvement in an international hack-and-leak operation, including successful dismissal of hacking claims.
  • Assisted in formation of cryptocurrency investment funds and advised clients on developing policy and regulation related to digital assets.
  • Co-chaired and argued summary judgment proceedings in a complex shareholder lawsuit before the North Carolina Business Court, securing a complete dismissal of all claims and recovery on counterclaims. Successfully argued and defended the judgment on appeal. Brady v. Van Vlaanderen, et al., 819 S.E.2d 561 (N.C. Ct. App. 2018), review denied, 822 S.E.2d 629 (N.C. 2019).
  • Counsel for a community bank and its employees as victim-witnesses in a federal criminal action for an alleged $850 million Ponzi scheme, including representing former Bank Secrecy Act officer during testimony at trial.

Previous Professional Experience

  • Litigation Associate, business litigation boutique based in Raleigh, NC (2014–2020)
  • Law Clerk, business litigation boutique based in Raleigh, NC (2012–2014)
  • Clerk, full-service business law firm based in Raleigh, NC (2008–2010)
  • Intern, international pharmaceutical company research campus in Ridgefield, CT (Knowledge Management, Summer 2005; Immunology & Inflammation, Summers 2006, 2007)

Externship

  • Extern, Division of Policy, Communication, and Legal Affairs, North Carolina Department of Agriculture & Consumer Services (2011)

Educational Activities

  • Campbell University Norman Adrian Wiggins School of Law
    • Legal Research and Writing Scholar (2011–2013)
    • Research Assistant to Professor Kevin P. Lee (2013)
    • Research Assistant to Professor Bobbi Jo Boyd (2011)
       

Education

  • Campbell University Norman Adrian Wiggins School of Law, JD (2013)
    • Interim Executive Editor & Staff Writer, Campbell Law Review
  • North Carolina State University, BA, Philosophy (2009)

Admissions

  • North Carolina
  • U.S. District Court for the Eastern District of North Carolina
  • U.S. District Court for the Middle District of North Carolina
  • U.S. District Court for the Western District of North Carolina
  • U.S. Court of Appeals for the Fourth Circuit

Practice Areas

Industries

The bar rules of some states require that the standards for an attorney's inclusion in certain public accolades or recognitions be provided. When such accolades or recognitions are listed, a hyperlink is provided that leads to a description of the respective selection methodology.

  • Fellow, Duke University School of Law Center on Law and Technology (2021–present)
  • American Bar Association
    • Center for Innovation
      • Governing Council Member (2022–present)
    • Business Law Section
      • Legal Analytics Committee Member (2018–present)
  • North Carolina Bar Association
    • Future of Law Committee
      • Immediate Past Chair (2022-present)
      • Chair (2019–2022)
      • Vice-Chair (2018–2019)
      • Secretary (2017–2018)
    • Antitrust & Complex Business Disputes Law Section
      • Council Member (2018–2022)
    • Appellate Practice Section
      • Innovation Chair (2020–present)
      • Council Member (2019–present)
      • Communications Co-Chair (2018–2020)
  • North Carolina State Bar
    • Issues Subcommittee Studying Regulatory Reform
      • Advisory Member (2020–present)
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