- Salmon P. Chase College of Law at Northern Kentucky University, J.D., 2008
- Xavier University Williams College of Business, B.S., 2002
Bar & Court Admissions
- U.S. District Court for the Southern District of Ohio
- U.S. District Court for the Northern District of Illinois
- Admitted to practice law only in the states listed above.
- The Honorable Charles J. Kubicki, Jr., Hamilton County Court of Common Pleas, 2005-2009
Jay is a partner in the Vorys Cincinnati office and is a member of the firm’s litigation group. His practice is focused on business and commercial litigation with specific experience in all aspects of transportation law. Jay also has experience in brand protection and reputation issues, insurance and employment litigation, defending corporations in False Claims Act cases and government contract cases, and complex commercial litigation.
Jay frequently counsels brokers and intermediaries in the transportation industry on a variety of matters, including how to avoid and/or mitigate the fundamental risks associated with the transportation and logistics industry. Jay has experience in all aspects of transportation law including the Carmack Amendment; defending and subrogating cargo damage claims; vicarious liability for shippers and brokers; negligent hiring of carriers; MAP-21 regulations and compliance; Food Safety Modernization Act (“FSMA”) compliance; Electronic Logging Device (“ELD”) Mandate obligations and compliance; drafting, advising and enforcement of employment agreements; drafting and enforcement of employment policies; misappropriation of trade secrets; breach of contract and negligence claims; risk analysis and review of insurance coverages and litigation of claims; and collections.
Jay also has considerable transactional experience in the transportation industry. As part of his practice, Jay regularly reviews, drafts, and revises transportation contracts on behalf of the firm’s shipper, broker, freight forwarder and vendor clients
His notable experience includes:
- Drafting, negotiation, and revision of shipper-carrier contracts, broker-carrier contracts, broker-shipper contracts, warehouseman contracts, and global services agreements
- Development of software licensing agreements and mobile web applications related to transportation management systems
- Successfully enforcing non-compete agreements by obtaining temporary restraining orders and preliminary injunctions
- Successfully enforcing and defending non-solicitation agreements
- Securing the dismissal of subrogation claims brought by a national insurance company against a 3PL provider under the Carmack Amendment
- Successfully negotiating a half million dollar recovery for a 3PL provider from a shipper for a breach of contract claim
- Successfully negotiating over 1.5 million dollars in settlement payments for 3PL providers from customers, carriers, and competing 3PL providers for breach of contract and negligence claims
- Obtaining court orders resulting in the removal of false statements and false reviews on Ripoff Report from Google’s search indices related to businesses and high profile business employees
- Successfully negotiating favorable settlement agreements related to the illegal online sale of products including monetary compensation and prohibiting third-party retailers from selling products online
Jay has presented on issues regarding risks inherent in the transportation and logistics industry, including vicarious liability, negligent hiring of carriers, the Carmack Amendment, FSMA, and the ELD Mandate.
Jay received his J.D. from the Northern Kentucky University Salmon P. Chase College of Law. He received his B.S.B.A. from Xavier University.
Jay served as a law clerk for the Honorable Charles J. Kubicki, Jr. of the Hamilton County Court of Common Pleas.
Professional and Community Activities
- Transportation Intermediaries Association, Member
- Cincinnati Bar Association
- Chase Alumni Association
- 1/2/2019Vorys is pleased to announce that Kari Coniglio, David Edelstein, Margaret Everett, Christopher Ingram and James W. Kelly II became partners of the firm on January 1, 2019.
- 9/13/2018Vorys and the Transportation Intermediaries Association co-hosted the 3PL Briefing and Reception on September 13, 2018 in Houston, Texas.
- 8/15/2018On August 15, 2018, Vorys Associate Jay Kelly will participate in the Transportation Intermediaries Association’s webinar, Negotiating Customer Contracts: Assessing Your Risk Tolerance.
- June 2018Jennifer Dunsizer and Jay Kelly co-authored an article for the June 2018 edition of 3PLPerspectives.
- 3/14/2014Combating the Sale of Counterfeit Goods Online: Don’t Let Someone Get Away with Selling Knockoffs of Your ProductsTrademark counterfeiting, in general, refers to the placement of a trademark on a product that is not the legitimate product offered by the trademark owner. Meanwhile, the Lanham Act – the U.S. federal trademark statute – defines a counterfeit as “a spurious mark that is identical with, or substantially indistinguishable from a registered mark.”
- 3/6/2014Internet Defamation Removal and the Known Defamer: How Knowing the Identity of a Defamer Changes the Court Order TechniqueDefamatory content posted online can significantly harm the reputation of a business or individual, especially when it is listed among top search engine results.
- 3/3/2014The problem for the individuals upset with TheDirty.com (that want to sue the owner) is that ythe owner is not the speaker of these controversial statements. Rather, other people (members of the so-called “Dirty Army”) submit the content to him directly through his website or via email.
- 2/26/2014Since launching the internet defamation group, we have encountered several misconceptions about the removal of information from the internet. If you or your company has been disparaged online, realize you are not helpless and have several options on how to deal with your potential internet crisis.
- 2/24/2014Based on the negative impact on its business, a company may initially believe certain statements or information posted about it online are defamatory. Although the content may be very damaging, it might not be defamatory at all.
- 2/21/2014Pissed Consumer, as the name suggests, has become a destination for disgruntled consumers to share their unpleasant experiences with various products or services. In fact, the website reports having more than a quarter million reviews about 40,000-plus companies spanning 120 industries.
- 2/20/2014Companies often instruct individual employees to register domain names for the construction of a website on the companies’ behalf. In these instances, the employee will enter his or her own name as the domain registrant, thereby giving the employee administrative control over the domain.
- 2/17/2014Craigslist has become an invaluable resource for people in the U.S. and across the world to advertise services, sell products and even meet like-minded people. Although a large majority of Craigslist users utilize the classified ads website for legitimate transactions or interactions, some use it to advance their own interests by exploiting others and interfering with legitimate business relationships.
- 2/12/2014Whether it is on Facebook, Instagram, or another popular website, many people today love sharing photographs about themselves and their whereabouts. But legal issues often arise when a person uploads or posts photos (or videos) of someone else – especially when they involve nudity or are otherwise sexual in nature.
- 2/10/2014On the popular business review website Yelp, it is no secret that many individuals post fake reviews and sometimes defamatory content. Under Section 230 of the Communications Decency Act, Yelp cannot be held liable for false or defamatory statements made by its users.
- 2/6/2014A positive about Yelp is that content can be removed and, thus, the impact it may have on businesses can be mitigated. This alert outlines the options available to businesses.
- 2/5/2014Wikipedia is home to more than 30 million articles and has nearly 80,000 active contributors, according to the website. These figures are a product of its “openly editable model,” where virtually anyone with internet access can add or edit content on the website. The online encyclopedia’s strength relies in its founders giving their power to the people, but in doing so they opened the door to abuse.
- 3/4/2013U.S. District Court for the Northern District of Georgia Judge Thomas W. Thrash, Jr. recently granted a motion to dismiss qui tam claims from two relators who alleged that Lockheed Martin violated the False Claims Act by inflating the reported number of hours its employees worked on government contracts.