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Brian Kelly

Partner

London +44 20 7067 2392

Dublin +353 1 539 5025

  • About
  • Representative Matters
  • Credentials
  • About

    Brian Kelly is a partner in the European Life Sciences group and also co-chair of Covington's Global Food Industry Group. Brian's practice focuses on EU food and drug regulatory law, public and administrative proceedings, internal investigations, European Union law, and product liability and safety. The Chambers Europe Guide to the legal profession lists Brian as part of our "world-class [regulatory and public affairs] team and describes him as a notable practitioner who is "very ambitious, thorough with a sharp intellect". The Chambers UK Guide quotes clients saying: "his communication and work ethic stand out, he is very hard-working and dedicated when it comes to his cases."

    Brian’s advice on general regulatory matters across all sectors includes borderline determinations, food classifications, tissue and stem cell regulation, adverse event and other reporting obligations, manufacturing controls, labeling and promotion, pricing and reimbursement/procurement, product life cycle management (foods and medicines), nanotechnology, and anti-bribery and corruption advice. Brian has also been advising on UK and European "Brexit" related issues including tariffs. 

    Brian has also advised and co-ordinated international projects on advertising/promotion, clinical research, data protection, the regulatory status of borderline products, food/cosmetic ingredient reviews and advises on regulatory aspects of corporate/commercial deals, particularly regulatory due diligence.

    Brian is also experienced in representing clients in administrative and enforcement proceedings before regulatory authorities and in the UK and EU courts. 

    Brian is an honorary lecturer at University College London.

    Areas of Expertise

  • Practices and Industries
  • Representative Matters
    • Advise on digital health and health information issues to clients in the software, telecoms and life science industries.
    • Represented clients in UK and EU judicial review proceedings and other administrative actions, in particular relating to health claims on foods, transparency of clinical trial reports, data exclusivity.
    • Successfully represented clients in relation to advertising and labeling disputes before the Advertising Standards Authority and Prescription Medicines Code of Practice Authority (PMCPA).
    • Administrative and procurement law challenges to healthcare-related tender decisions.
    • Advice and successful representation before the National Institute for Health and Clinical Excellence (NICE).

    • Regulatory advice to life sciences companies on establishing joint working and risk-sharing relationships with the NHS in England and Wales.
    • Advising food clients on general and specialist EU matters involving health and nutritional claims, PARNUTS, novel foods, genetically modified foods, borderline/classification issues and ingredient reviews.
    • Advising and co-ordinating international food and cosmetic safety matters and recalls.
    • Regulatory due diligence for a number of food, drug and cosmetic companies.

    Areas of Expertise

  • Credentials
    Education
    • College of Law, London, L.P.C., 2005
        • Distinction
    • College of Law, London, G.D.L., 2004
        • Commendation
    • University of Sheffield, B.S., 2000
        • Neuroscience
        • Hons
    Bar Admissions
    • Higher Rights of Advocacy in the Supreme Court of England and Wales
    • Solicitor of the Senior Courts of England and Wales
    • Law Society of Ireland
    Pro Bono
    • Represented a couple in challenging a decision of a UK health authority to refuse medical treatment.
    • Advising the Restoration of Appearance and Function Trust (RAFT) on the classification of a wound healing product containing human blood derivatives.
    Accolades
    • International Law Office Clients Choice Awards 2015, Healthcare & Life Sciences Law – UK
    • Chambers UK, Life Sciences: Regulatory (2019-2022) 
    • Chambers UK, Product Liability: Food (2019-2022)
    • Chambers UK, Product Liability: Food "Up and Coming" (2018) and Food "Star Associate" (2015-2017)
    • Chambers UK, Product Liability - Mainly Defendant (2013-2015)
    • Chambers Europe, Regulatory: Agro/Food (2018-2020) and TMT (2017-2018)
    • Legal 500 EMEA, EU Regulatory - Food (2016-2017) 
    • Legal 500 UK, Life Sciences and Healthcare (2021-2022)
    • Legal 500 UK, Product Liability (2012-2016)
    • Legal 500 UK, Pharmaceutical Liability & Biotechnology (2015-2016) 
    • Medical Journalist of the Year, UK Medical Journalists’ Association Awards (November 2002)
    Memberships and Affiliations
    • Digital Health Legal, Editorial Board Member
    Previous Experience
    • Trained with Covington & Burling LLP
    • Schering-Plough Limited, seconded to the in-house legal team
    • Science and Technology Reporter for Clinica World Medical Technology News
    • Clinical News Editor for Pulse, a national medical newspaper

    Areas of Expertise

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