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Brian S. Kelly counsels clients at all stages of growth in the commercialization of intellectual property, with a focus on product marketing and licensing strategies; structuring, negotiating, and documenting technology-based transactions; and negotiating outsourcing and other complex business relationships. Brian handles both domestic and international transactions across industries ranging from health care and financial services to entertainment and digital media, retail, consumer products, distribution, government, and telecommunications.

Brian negotiates and documents a wide variety of technology-related transactions, including information technology, and software licensing, development, maintenance, and distribution contracts. He has deep experience across several technologies and business models, including SaaS/Cloud, open source, networking, fintech, and content. Additionally, Brian has served as lead outside IP counsel for the intellectual property aspects of mergers, acquisitions, strategic alliances, and development and distribution relationships.

Concentrations

  • IP and technology development
  • Supply chain, manufacturing and distribution arrangements
  • Turn-key system acquisitions
  • System integration agreements
  • Cloud computing agreements
  • Professional services arrangements

Capabilities

Experience

  • Represented leading musical artist in creation of online archives of his decades of recordings and related merchandise, including rights agreements with labels, terms of service and privacy policy and related technology agreements.°
  • Represented global direct broadcast provider in negotiation of carriage agreements with multiple program providers.°
  • Represented leading translation and localization services company in establishment of artist agreements.°
  • Counseled technology vendors in connection with software development, VAR/OEM, sales and marketing and service agreements.
  • Represented major healthcare payors in California, Florida and New York in health care IT and business process outsourcing transactions opposite Tier 1 outsourcing vendors.°
  • Represented optical solutions manufacturer in design, development, manufacturing and supply agreements with global consumer product companies.°
  • Represented leading engineering company in IT outsourcing transaction to for vendor service company’s facilities around the globe.°
  • Represented joint venture in services agreement with global fiber and communications vendor to establish the world’s largest free public wi-fi network.°
  • Counseled leading financial services company in connection with software development related trade secret, copyright and contract disputes.°

°The above representations were handled by Mr. Kelly prior to his joining Greenberg Traurig, LLP.

  • Adjunct Lecturer, “IP Basics for Startups,” University of California, Los Angeles Anderson School of Management, 2018

Credentials

Education
  • LL.M., Duke University School of Law
  • J.D., Duke University School of Law
    • Articles Editor, Duke Journal of Comparative and International Law
  • B.B.A., Business Administration, summa cum laude, University of Georgia
Admissions
  • California