Amy Michaelson Kelly

Phone:     404.596.5611
Fax:          404.596.5604
akelly@caplancobb.com

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Amy Kelly is Senior Counsel with Caplan Cobb and represents clients in a variety of business and government litigation matters in state and federal courts in Georgia and other jurisdictions.  Amy has handled cases involving contract and construction disputes, business torts, procurement protests, constitutional issues, and intellectual property infringement, among other things.  Prior to joining Caplan Cobb, Amy practiced in the Atlanta office of Greenberg Traurig, LLP.

In 2014, Georgia Trend Magazine recognized Amy as one of its 40 Under 40 outstanding Georgians for her professional achievements and contributions to community.  Georgia Trend has also listed Amy as a Legal Elite for business litigation, and Super Lawyers magazine has named her a Rising Star for business litigation for several years.  Amy has been involved in a number of community organizations, including LEAD Atlanta, ServiceJuris, and the Lawyer for a Day program at BEST Academy.

Amy and her husband, Chris, live in the Morningside neighborhood with their daughter and bluetick coonhound.

  • “Amy out-smarts and out-works, and she does so with such grace and wit, not to mention technological savvy, that she has earned the respect of teammates and opponents alike.”

    Shareholder of an AM 100 Law Firm
Practice Areas

PRACTICE AREAS

Business Litigation.  Amy has served as counsel to plaintiffs and defendants in a wide variety of business disputes, including disputes involving claims for breach of contract, business torts, trademark infringement, and violations of various state and federal statutes governing business conduct, such as the Uniform Deceptive Trade Practices Act, the Fair Business Practices Act, and RICO.  She has represented companies in the technology, banking, retail, property management, real estate development, insurance, consumer product, energy, and construction industries.  She has also represented executives, real estate investors, beneficiaries, and entrepreneurs.

Government Litigation & Counseling.  Amy has represented government entities, school districts, public officials, public universities, and quasi-governmental non-profit organizations in a myriad of disputes, including those related to procurements, intellectual property, public construction projects, Georgia Open Records Act requests, Disadvantaged Business Entity status, PILOTs, and utility franchise fees.

Amy served as counsel for a local municipality and its department of aviation in multiple cases brought by frustrated bidders challenging the award of $3 billion of airport concessions contracts.  Amy successfully argued a motion to dismiss in one of the cases, which resulted in a favorable resolution of that case and the other cases still pending at that time.

Amy has also counseled clients on issues related to procurements and the Georgia Open Records Act.

Constitutional Litigation.  Amy has advocated for clients in a number of cases involving claims or issues arising from the United States or Georgia Constitutions.  Amy successfully defended a county official in litigation relating to the county’s detention of resident aliens pursuant to § 287(g) of the Immigration & Naturalization Act.  She has also defended the constitutionality of water rates charged by a municipal utility.  With her co-counsel, she currently represents a Georgian on death row in his post-conviction habeas corpus proceedings, which involve a variety of constitutional issues.

Construction Litigation.  Amy has also represented owners, general contractors, and subcontractors in construction and lien disputes relating to public and private construction projects in state and federal courts in Georgia and other jurisdictions.

 

Education

EDUCATION

J.D., magna cum laude, The University of Tennessee College of Law

Managing Editor, Tennessee Law Review

Editor, Transactions: Tennessee Journal of Business Law

Clinical Legal Education Association Outstanding Clinical Student Award

James L. Powers III Excellence in Advocacy Award

Tennessee Law Review Editor’s Award

College of Law Scholarship Recipient

Honors for Top Grade in Constitutional Law, Public International Law, Legal Clinic, International Human Rights Law, Contract Drafting, and Sports Agency Law

B.S., summa cum laude, The University of Tennessee

Recipient, Chancellor’s Citation for Extraordinary Contributions to Campus Life

Chancellor’s Volunteer of the Year

University Honors Scholar

Andrew D. Holt Scholar

Fred M. Roddy Scholar

Valedictorian Scholar

Honors & Recognition

HONORS & RECOGNITION

40 Under 40 Award, Georgia Trend Magazine (2014)

Legal Elite – Georgia Trend Magazine (2014)

Rising Star in Business Litigation – Super Lawyers Magazine (2013, 2014, 2015, 2016, 2017)

Cases

REPRESENTATIVE CASES

Contracts and Business Torts

  • Represented national property management company in fraud, breach of fiduciary duty, RICO, and breach of contract dispute over 50-year privatized military housing development and management contracts.
  • Secured favorable resolution for Kentucky-based distributor of point-of-sale equipment in case involving claims of breach of contract and fraud against customer.
  • Represented executive of national retailer in federal court case alleging violations of executive’s employment agreement.
  • Obtained favorable settlement for Arizona-based distributor of computer kiosks in litigation involving claims of breach of contract and fraud.
  • Represented New York-based website development and design company in litigation brought by client over scope and timeliness of product in New York state court.
  • Secured favorable resolution for partner in family partnership, who asserted fraud claims against partner’s family members for concealing transactions that diminished her interest.
  • Represented manufacturer of avionics displays in litigation pending in Massachusetts federal court relating to the displays’ performance in Russian-manufactured aircraft.
  • Represented publicly-traded provider of cloud hosting, colocation, IP, CDN, and data center services in litigation concerning termination of customer contract and enforceability of contract’s termination provision.
  • Defended national real estate development company in litigation filed against it by a condominium homeowner’s association relating to the use of association funds.
  • Represented California-based commercial property developer in abusive litigation lawsuit filed against him by former business partner because of unconsummated deal to jointly purchase distribution facility.
  • Defended national provider of dialysis services in action alleging wrongful solicitation of patients.
  • Secured favorable resolution for consumer products supplier, who prosecuted claims against Chinese manufacturer concerning breach of NDA.
  • Successfully represented numerous clients in disputes concerning restrictive covenants, including non-compete, non-solicitation, and non-disclosure provisions.
  • Represented investment group in connection with dispute with hotel franchisor.

Government & Constitutional Litigation

  • Served as counsel for local municipality and its department of aviation in multiple cases brought by frustrated bidders challenging the award of $3 billion of airport concessions contracts.
  • Represented local municipality and its water utility in litigation challenging constitutionality of utility rates.
  • Obtained dismissal of case against county official in action filed by proposed class of resident aliens alleging violations of their constitutional rights through application of § 287(g) of the Immigration & Naturalization Act.
  • Secured favorable resolution on behalf of school district in litigation filed by construction contractor asserting fraud, breach of contract, and unconstitutional taking claims relating to installation of IT equipment and cabling in newly-constructed schools.
  • Serves as counsel for Georgian on death row in post-conviction litigation.
  • Negotiated resolution of government bid protest on behalf of technology company, which resulted in client receiving substantial portion of government contract.

Construction Litigation

  • Successfully represented international manufacturer of pollution-control equipment in cases relating to EPC contracts at power plants in Florida and Kentucky.
  • Represented national construction firm in breach of contract and fraud dispute concerning non-payment for services rendered and violation of Prompt Pay Act.
  • Secured favorable resolution on behalf of general contractor in dispute relating to concrete used in construction at airport.

Intellectual Property

  • Represented Georgia-based operator and franchisor of gasoline and convenience stores in a variety of matters, including intellectual property and contract disputes.
  • Successfully enforced intellectual property rights on behalf of non-profit behind Atlanta transportation and economic development effort.

Other

  • Obtained summary judgment on behalf of credit card company in federal court litigation initiated by Georgia consumer seeking damages under Fair Credit Billing Act.
  • Assisted one of Georgia’s largest employers to develop and administer processes to ensure compliance with changes in garnishment laws.
  • Served as counsel to Arizona community college district in class action brought on behalf of former and current students relating to alleged data security breach, which involved novel issues of federal standing presented by threat of future misuse of personal identifying information.
Activities

PROFESSIONAL & COMMUNITY ACTIVITIES

LEAD Atlanta (2015)

Co-Chair, ServiceJuris (2012 – 2015)

Lawyer Representing Georgian on Death Row in Post-Conviction Litigation (2007 – present)

WIN List Leadership Academy (2013)

University of Tennessee College of Law Alumni Council (2009 – present)

Lawyer for a Day (2012 – 2015)

Victory Counsel (2012)

Speeches & Publications

SPEECHES & PUBLICATIONS

Lecturer, Social Media Law, Georgia State University (2012)

Panelist, Business Litigation Course, Georgia State University (2011, 2012)

Valued Policy Act: New Meaning for an Old Law?, The First Party Report (Spring 2010)

Rule 4.2 and Its Role in Insurance Litigation, The First Party Report (Spring 2009)

Court Applies Ohio Law and Finds Choice of Law and Arbitration Provisions Enforceable, 9 Tenn. J. of Business L. 457 (2008)

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