Thomas E. Kelly

Associate

Atlanta
171 17th Street, NW
Suite 2100
Atlanta, Georgia 30363

Biography

Tom is an associate in the Healthcare practice and a member of the Post-Acute & Long-Term Care industry team. He counsels and represents a wide range of healthcare clients, including hospitals, skilled nursing facilities, hospices, and home health agencies, in areas such as certificate of need, facility licensure, reimbursement appeals, and government investigations. As part of his practice, Tom also has a depth of litigation experience in federal, state, and administrative courts.

Experience

  • Served as co-first-chair over three-week bench trial appealing award of certificate of need to develop home health facility. Argued pre-trial motions, conducted witness examinations, and presented closing argument. Prior to trial, managed extensive electronic discovery, conducted depositions, and engaged in substantial motions practice.

  • Represented the largest single-specialty allergy practice in the United States against a False Claims Act action brought by former employee. Managed substantial electronic discovery and assisted with settlement negotiations with the Department of Justice.

  • Represented South Florida physician practice in dispute with North Carolina-based hospital system. Issues involved anti-competitive restrictive covenants and misappropriation of trade secrets by the hospital system.

  • Conducted an internal investigation of a hospital-run daycare facility following suspension of license, which resulted in reversal of adverse determination.

  • Advised and represented a nationwide chain of methadone clinics in variety of regulatory and litigation matters, including response to an EEOC complaint and investigation.

  • Represented the Secretary of the North Carolina Department of Health and Human Services in a nine-week federal bench trial involving claims under the Americans with Disabilities Act and the CMS Medicaid Waivers. Secured favorable judgment on all claims at trial.

  • Defended the North Carolina legislative leadership in several constitutional disputes before the North Carolina Supreme Court, ranging from school vouchers to composition of the State Board of Elections.

  • Represented commercial real estate clients, including solar farm developers, in land use and rezoning regulation matters. Appeared before local zoning boards and city councils seeking or opposing rezoning, special or conditional use permits, and variances.

Credentials

  • Wake Forest University School of Law, Juris Doctor
    • Managing Editor, Journal of Business & Intellectual Property Law
  • Wake Forest University, Bachelor of Arts - Political Science
  • State of North Carolina
  • United States District Court for the Western District of North Carolina
  • United States District Court for the Middle District of North Carolina
  • United States District Court for the Eastern District of North Carolina
  • United States Supreme Court
    • American Health Lawyers Association
    • Wake Forest University School of Law – Rose Council
    • Pi Kappa Alpha – Alumni Advisory Board

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