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Mr. Kelly is the chairperson of the Health Care Practice Group at Ray Quinney & Nebeker, where he is a shareholder and has practiced since 1986. His practice focuses on civil litigation, including the representation of hospitals, doctors, and other health care providers. His practice also involves counseling health care providers on statutory and regulatory compliance issues. His trial and litigation experience includes cases involving commercial, corporate, medical, trust, intellectual property, and real estate issues. Mr. Kelly maintains an AV rating with Martindale-Hubbell, which is the highest rating awarded to attorneys for professional competence and ethics. He has also been voted by his peers throughout the state as one of Utah’s Legal Elite in the category of Business Litigation (as published in Utah Business Magazine). Mr. Kelly has been appointed by the Utah Supreme Court as a member of its Advisory Committee on the Rules of Evidence. He has also been appointed by the Utah Judicial Council as Chair of its Oversight Committee for the Office of Guardian Ad Litem. His numerous professional presentations include training Utah District Court judges on the Utah Rules of Evidence.
EDUCATION
Stanford Law School, J.D., 1985
Note Editor, STANFORD LAW REVIEW, 1984-85
Brigham Young University, M.A., Economics, 1982
Brigham Young University, B.A., Economics, 1981
summa cum laude and Highest Honors
Phi Kappa Phi
PRACTICE AREAS
Antitrust and Trade Regulation Law and Litigation
Appellate Practice
Health Care Law
Litigation
Natural Resources, Water, Environmental and Local Government Law
Real Estate Transactions and Litigation
PRIOR PROFESSIONAL EXPERIENCE
Law Clerk to Honorable Monroe G. McKay, United States Court of Appeals for the Tenth Judicial Circuit, 1985-86
Research Fellow, Utah State Tax Commission, 1982
ADMITTED TO PRACTICE
Utah State Bar
United States Supreme Court
United States Court of Appeals, Tenth Circuit
United States District Court, Utah
Utah Supreme Court
PROFESSIONAL AFFILIATIONS AND MEMBERSHIPS
American Bar Association
American Health Lawyers Association
Health Care Compliance Association
PUBLICATIONS AND PRESENTATIONS
Lead Editor, Utah chapter, Business Torts Desk Reference, Aspen Publishers, 2006.
Medical Records Law in Utah, December 2006 and December 2005 (presented to health care providers, sponsored by Lorman Education Services).
Developments on the Utah Rules of Evidence, May 2005 (presented at the annual conference of Utah District Court Judges).
HIPAA Standards in Utah, February 2004 (presented to health care providers, sponsored by Lorman Education Services).
Recent Changes and Developments in the Utah Rules of Evidence: Definitive Evidence Rulings, Character Evidence, Expert Testimony, and Business Records, published in the Utah Bar Journal, June/July 2002
Confidentiality of Medical Records in Utah, Including the Requirements of HIPAA Privacy Regulations, June and September, 2002, February, April, and June 2003 (presented to health care providers and managers, sponsored by Lorman Education Services).
HIPAA Medical Privacy, Attorneys as HIPAA Business Associates and Subpoenas of Medical Records, March 2003 (presented at Utah State Bar Mid-Year Meeting).
Steps for Small Group Compliance with HIPAA Privacy Regulations, speaker at American Health Lawyers Annual Meeting, July 2002.
Steps to Developing a HIPAA Compliance Program in a Small Group Practice, speaker at the HCCA/AHA HIPAA Forum, June 2002.
Utah Rules of Evidence: Definitive Evidence Rulings, Character Evidence, Expert Testimony, and Business Records, September 2001 (presented to 2001 Annual Judicial Conference of Utah Judges).
Standards for Privacy of Individually Identifiable Health Information under HIPAA, June 2001 (presented to health care professionals and managers, sponsored by Lorman Education Services); August 2001 (presented to nurse practitioners, sponsored by Utah Ass’n of Nurse Attorneys).
A Practical Approach for Helping Individual and Small Group Physician Practices Develop Compliance Programs, June 2001 (presented at the annual meeting of the American Health Lawyers Ass’n).
Health Care Fraud and Abuse in the Context of Medical Compliance Planning, May 2001 (with Mark Cotter, presented to health care managers and providers).
How Changes to Evidence Rules on Expert Witnesses Will Affect Your Practice, March 2001 (presented at Utah State Bar Mid-Year Meeting).
Confidentiality of Medical Records in Utah, March 2000, February 1999 and 1995 (presented to health care professionals and managers, sponsored by Lorman Education Services).
Hidden Traps in Debt Collection under the Fair Debt Collection Practices Act, March 1995 (presented at Utah State Bar Mid-Year Meeting).
Making Pro Bono Easy, 7 Utah Bar Journal, June/July 1994, at 37.
Volunteer Legal Service Plan of Action, Delivery of Legal Services Committee, Utah State Bar, 1994 (Editor of Plan of Action to meet Utah’s unmet legal needs).
Legal Needs Assessment, Delivery of Legal Services Committee, Utah State Bar, 1994 (Editor of study of unmet legal needs in Utah).
Young Lawyers Division President and Officer Messages, Utah Bar Journal, 1990-1994.
Using Market Bidding to Regulate the Transfer Price of Utility Affiliate Coal, 36 Stanford Law Review 1215 (1983) (Law Review Note).
The Basis of Property Rights in 19th Century Utah Mining, 51 Utah Historical Quarterly 346 (1983).
The Impact of a Proposed Severance Tax on the Utah Underground Coal Industry, Utah State Tax Commission Research Publication 82-5 (August 27, 1982).
PROFESSIONAL AND CIVIC ACTIVITIES
President-Elect, Aldon J. Anderson American Inn of Court, 2006-07; Master of the Bench, 2003-present; Treasurer, 2004-06; Barrister, 1986-90, 2002-2003
Member, Utah Supreme Court Advisory Committee on the Rules of Evidence, 1998-present (appointed by Utah Supreme Court)
Chairperson, Oversight Committee, Utah Office of Guardian Ad Litem, 2007-present; member, 2005-present (appointed by Utah Judicial Council)
President, Board of Trustees, Disability Law Center, 1999-2001; Member of Board, 1997-2005
President, Board of Trustees, And Justice for All, 1998-2000; Member of Board, 1998-2005
President, Board of Trustees, Utah Parent Center, 2003-2004; Member of Board, 2000-2006
Chairperson, Delivery of Legal Services Committee, Utah State Bar, 1993-96 (received Distinguished Committee Award from Utah State Bar, 1995)
Ex-officio Member, Board of Bar Commissioners, Utah State Bar, 1992-93
President, Young Lawyers Division, Utah State Bar, 1992-93; Past-President, 1993-94; President-Elect, 1991-92; Treasurer, 1989-90
Member, Futures Task Force, Utah State Bar, 1992-93
Co-Chairperson, Utah Council on the U.S. Constitution and Bill of Rights, 1990-91; Member, 1989-90 (appointed by Utah Governor)
Chairperson, YLD Needs of the Elderly Committee, 1987-89 |
