Kelley Drye

Attorneys & Professionals 

Henry T. Kelly

Partner Email vCard
Chicago
Phone: (312) 857-2350
Fax: (312) 857-7095

Hank Kelly is managing partner of the firm’s Chicago office. Named 2013 Chicago Communications “Lawyer of the Year” by Best Lawyers, he represents companies in telecommunications-related litigation matters involving commercial transactions, intellectual property, municipal regulation, class action defense, state and federal preemption issues, and actions enforcing state and federal telecommunications laws.

Mr. Kelly acts for wireline and wireless carriers in commercial transactions, class action defense, state and federal pre-emption issues, and in relation to the enforcement of intellectual property rights. Mr. Kelly has represented clients in numerous proceedings investigating cost-based pricing principles of telecommunications services, actions seeking to enforce state and federal provisions designed to promote competition in telecommunications markets, and other leading-edge telecommunications policy issues. He has trial experience in more than 10 state public service commissions, and litigated communications enforcement actions in state and federal courts, including courts in Illinois, California, Connecticut, Ohio, Virginia and the District of Columbia.

Mr. Kelly is also general counsel to the Illinois Power Agency, the state agency that oversees competitive electricity procurement by Illinois’ largest electricity distributors, and monitors renewable energy portfolio procurement and demand response measures by the state’s electricity utilities.

Representative Experience
Communications

Represented a national wireless carrier in a multi-jurisdiction class action case alleging consumer fraud.

Represented a national communications provider in a patent infringement case involving a patent related to communications traffic exchange.

Represented a national communications provider in numerous multi-jurisdiction state public service proceedings seeking interconnection terms and conditions between competitive carriers.

Represented a national communications provider in arbitrations seeking interconnection under Section 252 of the Federal Communications Act with local exchange carriers in 13 state public service commissions.

Represented a venture capital fund in the due diligence related to its acquisition of a wireless communications service provider.

Represented an international communications provider in due diligence related to an off-shore communications company.

Represented entities accused of assisting and facilitating other company’s telemarketing efforts in providing autodialing services, which are claimed to be in violation of the Telemarketing Sales Rules and TCPA.

Represented telecommunications carriers responding to several complaints in Pennsylvania, California and Texas federal courts alleging violations of the TCPA.

Represented a nationwide service provider in a class action in Illinois federal court, alleging violations of the Satellite Home Viewer Extension and Reauthorization Act (“SHVERA”), which requires certain companies to destroy personally identifiable information.

Representing a telephone company in a consumer class action in Connecticut federal court. The suit alleges that the company placed telemarketing calls using an autodialer to a number registered on the national Do Not Call Registry, in violation of the TCPA.

Represented a company before the Federal Communications Commission in its investigation that addresses how the FCC would interpret and apply the TCPA.

Represented a direct broadcast satellite service provider in litigation initiated by the FTC and the states of North Carolina, Illinois, Ohio, and California in the Central District of Illinois, seeking civil penalties for violations of the FTC’s Telemarketing Sales Rule for alleged calls placed to telephone numbers listed on the Do Not Call Registry and the provider’s internal Do Not Call list, and for calls made by independent third-party retailers.

Provided advice and counsel on TCPA regulations to a producer of digital communication products.

Represented companies in successfully resolving several class action lawsuits alleging unauthorized charges for premium services to wireless telephone subscribers.

Represented a nationwide association of communications providers in a federal action seeking collection of compensation required under Section 276 of the Federal Communications Commission.

Represented a state association in actions seeking to enforce state and federal communications policies related to the pricing of local exchange services.  The actions were pending at the Federal Communications Commission, several state public service commissions, and several state courts of appeals.

Represented a national communications provider in four simultaneous federal court proceedings seeking enforcement of interconnection agreements and Federal Communications Commission decisions.

Represented several communications providers in negotiations with municipalities regarding emergency telephone service surcharges.

Represented a coalition of communications providers in multi-state jurisdictions arbitrating the rates, terms and conditions for interconnection under the FCC’s Triennial Review Order and Triennial Review Remand Order, i.e., Petition for Arbitration Pursuant to Section 252(b) of the Telecommunications Act of 1996 with Illinois Bell Telephone Company to Amend Existing Interconnection Agreements to Incorporate the Triennial Review Order and the Triennial Review Remand Order,  On behalf of Cbeyond Communications, LLC; USXchange of Illinois, LLC, d/b/a ChoiceOne Communications; First Communications, LLC; ICG Telecom Group, Inc.; New Edge Network, Inc.; nii Communications, Ltd.; OnFiber Carrier Services, Inc.; Talk America, Inc.; and Trinsic Communications, Inc.

Represented a satellite broadcast provider in federal litigation responding to action brought by the United States seeking to enforce consumer fraud and telecommunications privacy laws.

Represented a coalition of communications providers in state public service commission proceedings establishing the cost-based rates for unbundled network elements.

Energy

Represented the Illinois Power Agency in the first state-agency competitive procurement of electricity under the Illinois Power Agency Act, which purchased approximately 44% of the total electricity consumed in the State of Illinois, while saving consumers approximately 9% in the electricity bills from the previous year.

Represented the Illinois Power Agency in rulemaking proceedings before the Illinois Commerce Commission concerning Alternative Retail Electric Suppliers.

Represented the Illinois Power Agency in a Commonwealth Edison Rate Proceeding regarding Demand Response pilot program.

Memberships & Associations

Federal Communications Bar Association
Chicago Bar Association

Honors & Awards

Named 2013 Chicago Communications “Lawyer of the Year” by The Best Lawyers in America.

Selected as one of The Best Lawyers in America in the Communications Law area, 2012-2014.

Ranked as a leading practitioner in the Telecommunications area by Chambers USA for twelve consecutive years, 2002-2013.

Recommended in US Legal 500 for his work in the Telecoms & Broadcast – Regulatory area, 2012-2013.

Designated as a Leading Lawyer in Illinois by Crain’s Chicago Business.

Listed in Illinois "Super Lawyers,” 2007-2010, 2012-2014.

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January 16, 2014

DC Circuit Court Vacates Significant Portions of the FCC's Net Neutrality Obligations

Kelley Drye Client Advisory