Kell advises clients by applying a pragmatic, business-focused attitude and more than a decade of experience negotiating intellectual property licenses, commercial contracts, and technology transactions. His clients include B2B and direct-to-consumer software providers, medical device manufacturers, and vendors servicing the biotech industry. Prior to joining Boston Tech Law, he was an associate at two large Boston law firms, and also worked as in-house counsel for a publicly-traded multinational medical device company. As his practice and experience have evolved, he has learned that “enabling the client’s business objectives in a responsible way” is at least as important an element of his job description as “applying legal expertise” – and is ultimately the more professionally satisfying element. When not clothed in lawyerly shades of grey, he puts on workout gear and tries (mostly unsuccessfully) to learn martial arts. Though he has not lived there in nearly 20 years, Wisconsin will always be his first home – Go Badgers!
Represented toy & game manufacturer in series of multimillion dollar digital out-licenses of iconic brands to mobile game developers.
Seconded to work with in-house legal department of publicly-traded software company, with day-to-day responsibility for advising on B2B license agreements, value-added reseller arrangements and other commercial contracting matters.
Negotiated advertising exchange agreements for publicly-traded Internet content delivery company.
Advised emerging healthcare IT company on sponsored research agreement with pharmaceutical company sponsor and corresponding sub-award research agreement with nationally recognized Boston hospital.
Represented medical device manufacturer in connection with supply and service agreements with large pharmaceutical company customers.
Primary responsibility for commercial contract due diligence review in $130M leveraged acquisition of medical device manufacturer.
Has negotiated against Alphabet (Google), Baxalta, CA, Inc., Bristol-Meyers Squibb, ExxonMobil, HP, Medtronic, NBCUniversal, Nielson Company, Oracle, and Zynga.
SOFTWARE LICENSING AND E-COMMERCE
Regularly negotiates licenses and commercial agreements throughout the distribution chain for developers, vendors and consumers of on-premise, SaaS and hybrid software products. Counsels clients ranging from publicly-traded software companies focused on large business-to-business transactions to startup and emerging companies in healthcare IT and IoT spaces.
Worked as in-house counsel for a multinational medical device manufacturer with primary responsibility for a wide range of commercial contracts as well as supporting the company’s IT and R&D departments. Negotiates distribution and supply agreements with Fortune 500 counterparties and group purchasing organizations representing hundreds of hospitals. Advises emerging companies on joint development efforts, preclinical and clinical trial agreements and sponsored research arrangements.
PRIMARY PRACTICE AREAS
Licensing and Strategic Alliance
Research and Development Agreements
Internet and E-Commerce