Brenna Kelly

Brenna D. Kelly

Partner
Philadelphia
About

Brenna Kelly represents healthcare and life sciences companies in high-stakes commercial and tort litigation, with a focus on proceedings involving complex scientific and medical issues. With a background in biochemistry, math and epidemiology, Brenna leads scientific strategy in litigation, working closely with experts to develop and advance dispositive arguments on general and specific causation. She has played a key role in nationally significant matters, including the successful defense of claims in the Baby Food, Zantac, and Incretin multi-district litigations and state court proceedings.

In addition, Brenna co-leads the firm's AI testing group, where she helps evaluate emerging artificial intelligence tools and advises on associated legal, regulatory, and litigation risks.

Brenna takes pride in her active community involvement. She currently serves on the boards of the Homeless Advocacy Project and the Awbury Arboretum Neighbors Association and is an elected Committeeperson in the Germantown section of Philadelphia.

 

 

Areas of FocusHealthcareLife SciencesLitigation, Arbitration and Investigations
Bar admissionsNew JerseyNew YorkPennsylvania
CourtsUnited States District Court for the Eastern District of PennsylvaniaUnited States District Court for the Western District of PennsylvaniaUnited States District Court for the Middle District of PennsylvaniaUnited States District Court for the District of New JerseyUnited States District Court for the Southern District of New York

EXPERIENCE

Representative Experience:
  • Represented companies in MDL Nos. 2452, 2924, and 3101, with full resolution on the science at the general causation stage in each multi-district litigation.
  • Represented market-leading companies and leading AI tool providers in evaluating their AI tools to comply with NYC LL144 and other bias laws.
  • Represented pharmaceutical company at arbitration. Performed the direct and cross examination of witnesses. The panel decided the case fully in favor of the client, including an award of attorneys' fees.
  • Represented medical device company in state court litigation alleging tortious conduct. Drafted motion to dismiss, which was granted.
  • Represented pharmaceutical company in federal court litigation concerning commercial dispute. Argued motion for summary judgment, which was granted.
  • Represented hospital in Medicare appeal and prevailed in full.
  • Represented medical device company in SEC investigation, which resulted in the termination of the investigation.
  • Represented behavioral health clinics and a laboratory company in FCA investigations and litigation.
  • Represented specialty pharmacy in federal litigation concerning the reimbursement of its products.
     
Education
  • J.D., University of Michigan
  • M.P.H., University of Michigan
  • B.A., Biochemistry and Mathematics, University of Pennsylvania

Bylines

  • Critical audit of NYC's AI hiring law signals increased risk for employers, 30 January, 2026
  • State action targets use of biased AI underwriting models: Key points, 08 August, 2025
  • DOJ increases scrutiny of nursing home industry, 1 April, 2020
  • False Claims Act – Year in Review: 2018, 4 February, 2019
  • DOJ tells SCOTUS it plans to seek to dismiss a major qui tam action because burdensome FCA discovery would not be in the public interest, 6 December, 2018
  • Co-author, "Post-Escobar Courts Reaching Consensus On FCA Materiality," Law360, 27 March, 2017
  • Co-author with Jill Horwitz, and John DiNardo, Wellness incentives in the workplace: cost savings through cost shifting to unhealthy workers, Health Affairs 32(3), 468 (2013). Cited in the Final Rule for Incentives for Nondiscriminatory Wellness Programs in Group Health Plans, 78 Fed. Reg. 33157, 33170, 3 June, 2013
  • Author, Systematic Review: Individuals' Goals for Surrogate Decision-Making, 60 J. Am. Geriatr. Soc. 884 (May 2012). Cited in the Supreme Court Amici Curiae Brief filed in 2016 by the AARP, Justice in Aging, National Consumer Voice for Quality Long-Term Care, and Nursing Home Ombudsman Agency of the Bluegrass, in Kindred Nursing Ctrs. v. Janis E. Clark

Seminars

  • "Antitrust in the age of AI: Algorithmic pricing's legal risk", 4 March, 2026

Prior Experience

  • Brenna served as a federal law clerk in the Eastern District of New York.
  • While pursuing her graduate work at the University of Michigan, Brenna taught biochemistry, molecular biology laboratory, and sociology as a Graduate Student Instructor.
  • Prior to law school, Brenna worked as an immunology researcher at NYU Medical Center and the International AIDS Vaccine Initiative.

My latest insights

Events
Lighthouse spiral stairs

Antitrust in the age of AI: Algorithmic pricing's legal risk

4 March 2026 .2 minute read

Publication
Helix_Bridge_S_0823

Critical audit of NYC’s AI hiring law signals increased risk for employers

30 January 2026

Publication
Bridge_Aerial_View_S_0347

State action targets use of biased AI underwriting models: Key points

8 August 2025 .3 minute read

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Phone

+1 215 656 2428
(Work, Philadelphia)