McNamee

Kelly L. McNamee

Partner
New York

I defend news and entertainment organizations in First Amendment, defamation, press access, privacy, and copyright matters in state and federal courts nationwide.

Kelly L. McNamee is a partner in Foley Hoag’s First Amendment and Media practice. Kelly’s practice focuses on defending media and entertainment organizations from newsgathering and publication-related claims, including bet-the-company defamation, invasion of privacy, and copyright infringement matters. She also represents media clients in litigation involving applications for access to civil and criminal court proceedings and records, including freedom of information law cases in both federal and state courts.

In addition to her work representing media organizations, Kelly is well-versed in energy regulatory matters in the Northeast. She has represented national and international corporations that own and operate electric generating facilities in comprehensive regulatory proceedings before the New York Public Service Commission and the Federal Energy and Regulatory Commission.

Education

  • J.D., magna cum laude, Hofstra University School of Law, 2011
  • B.A., cum laude, University of Rochester, 2005

Bar and Court Admissions

Bar Admissions:

  • New York

Court Admissions:

  • U.S. Court of Appeals for the Second Circuit
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Northern District of New York
  • U.S. District Court for the Western District of New York
  • U.S. District Court for the Eastern District of New York

Experience

Media and Entertainment Litigation

  • Merrill v. Riley Kirk, S. District Court, Northern District of New York, 6:25-cv-00800-AMN-CBF (Mar. 17, 2026) (granting Rule 12 motion to dismiss defamation complaint based on New York’s statutory fair report privilege).*
  • Sunwest Bank v. Gannett Co., Inc., et al., U.S. District Court, District of Utah, 2:24-cv-00876-DBB-JCB (Feb. 5, 2026) (in response to Rule 12(c) motion for judgment on the pleadings regarding false light claim, certifying question of law to Utah Supreme Court regarding corporate entity’s ability to bring false light invasion of privacy claim under Utah law). *
  • Jesse Lubinsky v. David McKay Wilson, Gannett Co., et al.; 51103/2020 New York State Supreme Court, Westchester County, (Sept. 25, 2025) (grant of summary judgment dismissing defamation complaint).*
  • Sunwest Bank v. Gannett Co., Inc., et al., U.S. District Court, District of Utah, 2:24-cv-00876-DBB-JCB (Sept. 22, 2025) (granting in part motion to dismiss for failure to state a claim under Rule 12(b)(6) and Utah’s Uniform Public Expression Protection Act, dismissing claims for defamation, defamation per se, and defamation by implication). *
  • Matter of Gannett Co., Inc. v. Town of Eastchester Police Dep’t, 231 A.D.3d 1023, 1023 (2d Dep’t 2024) (reversing judgment denying Article 78 petition to compel disclosure of certain police records and granting petition).*
  • Gannett Co., Inc. v. City of Mount Vernon Police Dep't, 2023 N.Y. Misc. LEXIS 36605 (N.Y. Sup. Ct. Westchester Cnty.) (granting Article 78 petition to compel disclosure of police disciplinary records and awarding attorneys’ fees and costs), appeal filed, Case No. 2024-01016 (2d Dep’t 2024).*
  • Matter of Gannett Co., Inc. v. Town of Greenburgh Police Dep’t, 229 A.D.3d 789, 790 (2d Dep’t 2024) (reversing judgment denying Article 78 petition to compel disclosure of police disciplinary records and granting petition).*
  • Gannett Media Corp. v. United States, Case No. 22-2160 (2d Cir. December 20, 2022) (vacating district court order sealing records pertaining to prosecutorial misconduct for failure to comply with First Amendment’s requirements.)*
  • Sandmann v. Gannett Co., Inc., 2022 U.S. Dist. LEXIS 132990 (E.D. Ky) (Jul. 26, 2022) (granting summary judgment dismissing defamation complaint on ground that statement plaintiff “blocked” a Native American Indian on the steps of the Lincoln Memorial constituted protected opinion under First Amendment).*
  • Patricia Cummings v. Lenard Larry “Charlamagne tha God” Kelvey, S. District Court, Southern District of New York, 1:19-cv-07723-CM, March 26, 2021 (granting Rule 12 motion to dismiss Complaint based on constitutional opinion privilege).*
  • Patricia Cummings v. City of New York, et al.; Lenard Larry “Charlamagne tha God” Kelvey, 21-1380-cv (2d Cir. June 16, 2022).*

Other Litigation

  • Cobham v. N.Y. Racing Ass'n, 2026 U.S. App. LEXIS 9094 (2d Cir. Mar. 30, 2026) (affirming Rule 12 dismissal for failure to state a claim under 42 U.S.C. § 1983).
  • United States of America ex rel. Relator LLC v. The New York Racing Association Inc. et al., 2026 U.S. Dist. LEXIS 61122 (E.D.N.Y. Mar. 23, 2026) (granting dismissal of false claims act lawsuit challenging NYRA’s receipt of a Paycheck Protection Program loan during the COVID-19 pandemic for failure to state a claim).*
  • Matter of Southern Glazer’s Wine and Spirits of New York, LLC, et al. v. New York State Liquor Authority, 909079-22 New Yok State Supreme Court, Albany County (Jan. 12, 2024) (granting hybrid petition/complaint challenging constitutionality of New York’s Alcoholic Beverage Control Law Section 101-b(2)(b) and the promulgation of certain regulations).*
  • Patterson et al. v. The State of New York et al., 905566-23 New York State Supreme Court, Albany County (Oct. 12, 2023) (granting cross-motion to dismiss constitutional challenge to legislative determination to loan $455 million to the New York State Racing Association, Inc.).*
  • LMP Clifton 001 Holdings, LLC v. Zappone, 2023 U.S. Dist. LEXIS 162917 (N.D.N.Y. Sept. 14, 2023) (granting motion for judgment on the pleadings, and finding plaintiff entitled to earnest money deposit held in escrow and attorneys’ fees and costs).*

Energy and Climate

  • Acted as co-lead counsel to obtain the requisite State regulatory action authorizing the first sale of interests in permanently retired nuclear generating facilities in New York to a specialty company for prompt decommissioning.*
  • Represented multiple entities seeking New York Public Service Law Section 70 authorizations concerning the transfer of facilities and membership interests.*
  • Represented industry coalition seeking New York Public Service Commission action to address economic obstacles to renewable development.*

*Handled prior to joining Foley Hoag

Honors & Involvement

Honors: 

  • Benchmark Litigation, “Future Stars,” 2026
  • Benchmark Litigation, “40 & Under - U.S. Edition,” 2024
  • City & State, “Above & Beyond: Pride,” 2024
  • The Legal 500 United States
    • Media, Technology and Telecoms - Media and Entertainment: Litigation, 2024
    • Energy - Energy Regulation: Electric Power, "Other Key Lawyer," 2023
  • The Best Lawyers in America
    • “Ones to Watch,” Commercial Litigation, 2021-2025
    • “Ones to Watch,” Energy Law, 2024-2025
  • Albany Business Review, “40 Under 40,” 2023
  • City & State, “Pride Power 100,” 2021-2023
  • Super Lawyers magazine, Upstate New York Super Lawyers, “Rising Stars,” 2020-2022
  • City & State, “Albany 40 Under 40 Rising Stars,” 2019

Involvement: 

  • Member, Law360 Editorial Advisory Board, Media & Entertainment, 2024
  • Former Vice Chair, Committee on Communications and Publications, New York State Bar Association
  • Executive Committee Member, Girls Inc. of the Greater Capital Region
  • Associate Editor, Hofstra Law Review

Publications

  • Luke v. Kesha: New York Appellate Court’s Ruling that Influential, Chart-Topping, Grammy Nominated Music Producer is Not a “Public Figure” Threatens to Stymie Free Speech and Chill Efforts to Expose Perpetrators of Sexual Abuse, Media Law Resource Center, June 2021.
  • Other Than Gay: Acknowledging Homogeneity in “LGBT” Diversity Efforts, New York State Bar Association Journal, Vol. 91, No. 5 (June/July 2019).

Speaking Engagements

  • “Book Bans, the First Amendment, and Legal Strategy in the Age of Censorship,” Cornell Law School First Amendment Clinic Bootcamp (January 23, 2026)
  • “Book Bans: Burn Before Reading,” Panelist, Media Law Resource Center Biannual Conference, September 17, 2025 (Leesburg, Virginia)