Manatt, Phelps & Phillips, LLP | Attorneys & Advisors

Biography

Brian S. Kelly

Partner
Venture Capital & Emerging Companies
bkelly@manatt.com

Los Angeles
Direct: 310.312.4175
General: 310.312.4000
Fax: 310.312.4224

Professional Experience

Mr. Kelly is the Co-Chair of Manatt's Venture Capital and Technology Practice Group, and splits his time between the Firm's Los Angeles and Palo Alto offices. Mr. Kelly’s practice concerns work on a wide range of legal matters involving the creation, protection and exploitation of intellectual property assets. He provides counseling in product marketing and licensing strategies and in negotiating outsourcing and other complex business relationships. Mr. Kelly has significant experience in counseling clients in the use of open source technologies. He has structured and negotiated numerous technology relationships in a variety of industries, including software, semiconductor, telecommunications, entertainment and media, electronic financial transactions, Internet content and services, data security, health care information products and medical instruments, among others.

Mr. Kelly also advises clients on intellectual property aspects of mergers, acquisitions, development and distribution relationships, and strategic alliances, with a particular focus in the technology industry.

Mr. Kelly frequently speaks and writes about intellectual property and licensing issues. He represents both technology vendors of all sizes in the protection of their intellectual property and strategies for commercializing their technology, and technology consumers in the structuring and negotiating of complex business and technology transactions. Prior to joining Manatt, Mr. Kelly has practiced technology law with national law firms in the technology centers of Silicon Valley, North Carolina’s Research Triangle Park, and in Washington, DC.

Education

Duke Law School, J.D., 1993.
Articles Editor, Duke Journal of Comparative and International Law.

Duke University, LL.M., 1993.

University of Georgia, B.B.A. in Business Administration, summa cum laude, 1990.

Memberships & Activities

Admitted to practice law in California.

Publications

Author, “Oil and Water, or Vinaigrette?: ‘Open Source’ Software may pose Legal Risks of Commercial Users,” Washington Legal Foundation, Legal Backgrounder, June 6, 2003.

Author, “The Day Shrinkwrap Died?,” Legal Times, March 4, 2002.

Speaking Engagements

Lecture, Faculty Presenter, “Acquiring or Selling the Privately Held Company,” PLI, Beverly Hills, CA, July 2006, July 2007, July 2008, July 2009.

Lecture, Faculty Presenter, “Keys to Drafting Copyright and Trademark Licenses,” National Constitution Center, Audio Conference, May 2008, October 2008, April 2009.

Lecture, Faculty Presenter, “Advanced Software Licensing,” National Constitution Center, Audio Conference, May 2007.

Speaker, “Acquiring or Selling the Privately Held Company 2006,” PLI, Beverly Hills, CA, July 2006.

Lecture, Faculty Presenter, “Open Source Software: Case Studies and War Stories,” Open Source Software, PLI, New York, November 2004.

Lecture, Presenter, “IP Issues and Risks in Offshoring,” Silicon Valley Association of General Counsel, Palo Alto, CA, November 2004.

Lecture, Faculty Presenter, “Trade Secrets in Offshoring,” Getting What you Pay For: IP Issues and Risks of Offshoring, IP Society, Palo Alto, CA, September 2004.

Lecture, Co-Chair, “Developing, Protecting, and Exploiting Software,” Law Seminars International, San Francisco, CA, August, 2004.

Lecture, Moderator, “The Coming Wave of Open Source Licensing,” Moderator, ABA Annual Meeting, Atlanta, GA, August 2004.

Lecture, Faculty Presenter, “Decoding Open Source Licensing Issues,” IP Society, Palo Alto, CA, June 2004.

Lecture, Moderator, “Open Source Business Models for Success,” Silicon Valley Association of Startup Entrepreneurs, Palo Alto, CA, February 2004.

Lecture, Faculty Presenter, “Decoding Open Source Licensing Issues,” Negotiating Technology Outsourcing Agreements, Law Seminars International, Ft. Lauderdale, FL, January 2004.

Lecture, Faculty Presenter, “E-Commerce and Internet Law: Privacy Compliance,” PLI, New York, July 2003.