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Richard D. Kelley

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Education

George Mason University School of Law, J.D., 1999

  • Student Body President, George Mason Inn of Court
  • Vice Justice, Moot Court Board
  • News and Opinion Page Editor, The Docket
  • George Mason University School of Law Patriot Award
  • Tried cases under a third year practice certificate at the Alexandria Public Defender’s Office
  • Howard Fellowship for Public Interest Law & Association of Public Interest Law Fellowship

George Washington University, Legal Studies, summa cum laude, 1995

James Madison University, B.A., cum laude, 1993

Bar & Court Admissions

  • Virginia, 1999
  • Supreme Court of Virginia
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. District Court for the Eastern District of Virginia
  • U.S. Bankruptcy Court for the Eastern District of Virginia

Clerkships

  • Law Clerk to the Honorable Arthur B. Vieregg of the 19th Judicial Circuit of Virginia, 1999 – 2000
  • Judicial Intern to the Honorable Michael P. McWeeny of the 19th Judicial Circuit of Virginia, 1998 – 1999
Overview
Experience
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Richard Kelley is a shareholder with Bean, Kinney & Korman. His practice focuses on complex civil litigation, primarily in the areas of business and construction litigation.

As a litigation attorney, Rich regularly litigates and advises on matters involving intellectual property rights, defamation, business torts, commercial real estate contracts, construction and building compliance, commercial landlord/tenant disputes, trade secrets and non-compete clauses and other restrictive covenants in employment, partnership and joint venture agreements. Rich’s clients include contractors, developers, banking and financial institutions, business owners, homeowners associations and individuals.

Rich has extensive experience in all Northern Virginia state and federal courts and has argued numerous appeals before the Virginia Supreme Court and the Fourth Circuit Court of Appeals.

Prior to joining the firm as a shareholder, Rich was an attorney at Reed Smith LLP.

Honors

Virginia Business, Legal Elite in Alternative Dispute Resolution, 2016

Experience

  • Represented a developer in a series of cases involving contract and covenant interpretation, property owners associations, construction and building compliance, and compliance with the Fair Housing Act. Won a nine-day bench trial in Loudoun County Circuit Court. Won summary judgment in Loudoun County Circuit Court and the follow-up appeal to Virginia Supreme Court. Won summary judgment in U.S. District Court (the Rocket Docket) and a subsequent appeal to Fourth Circuit Court of Appeals. Won motion to dismiss in Loudoun County Circuit Court.
  • Represented developers in the U.S. District Court (the Rocket Docket) and Arlington County Circuit Court in series of cases involving purchase agreements, the Interstate Land Sales Full Disclosure Act and other contract issues. All cases were won on motions to dismiss/summary judgment/demurrer. Rich prevailed on subsequent appeals to Virginia Supreme Court and Fourth Circuit Court of Appeals.
  • Represented an international consulting company in case argued before Fourth Circuit Court of Appeals. The issues included contract interpretation and procedural issues related to damages.
  • Represented a financial institution in U.S. District Court (the Rocket Docket) and Fourth Circuit Court of Appeals in a case involving contract interpretation, damages and civil procedure. Summary judgment was affirmed.
  • Represented a developer in cases involving commercial landlord/tenant disputes in Fairfax County Circuit Court. Prevailed on dispositive motions and recovered all attorneys’ fees.
  • Represented a builder/architect in U.S. District Court (the Rocket Docket) on several cases involving architectural copyright infringement and breach of contract. All cases settled favorably for the client during or before mediation with the court.
  • Represented an electrical engineering company in U.S. District Court (W.D.Pa.) in software copyright infringement litigation and other state law claims. The matter settled favorably to client.
  • Represented a country club in 24-day, $5.6 million construction arbitration against a general contractor. Client received an extremely favorable award from AAA.
  • Represented a developer in $3.6 million construction mediation against general and subcontractors. Client received a favorable settlement.
  • Represented a building owner in Culpepper County Circuit Court in $10 million construction litigation against architect and general contractor. Case settled favorably for the client in mediation.
  • Represented various companies enforcing employment agreements, partnership agreements and joint venture agreements with issues including restrictive covenants, confidentiality agreements and trade secrets.
  • Advises corporate clients on various contractual issues, technology compliance, business torts and corporate formalities.

Published Articles

News

Professional & Community Affiliations

Alexandria Bar Association

Fairfax Bar Association (Circuit Court Committee)

Virginia Bar Association

American Bar Association

Federal Bar Association

Federal Public Defender’s Office, Alexandria (Liaison)

George Mason American Inn of Court

Fairfax Choral Society (Chairman, Board of Directors)

Fairfax County Public Schools (Mentor)