Constructing Legal Strategy in the New Economy: Alternative Servicing and Bil...
Reporting from Nashville
1. Reporting from Nashville, TN with Alumnus Patrick M. Kelley JD
’95
Patrick M. Kelley JD '95is director and regulatory counsel at Asurion
Corporation,a privately held corporation headquartered in Nashville, Tenn.Asurion is one of the country’s leading
prov iders of technology protection plans for cellphones and home electronicproducts.(Find more information
at www.asurion.com or on Twitter and Facebook).Prior tojoining Asurion in December,2012,Pat served as senior
corporate counselat Best Buy Corp.in Richfield, Minn.
Pat’s exposuretoin-house corporate counselworkbegan in his third year of law school when heinterned at Best Buy.
He was hired full-time after his admission tothe Minnesota Bar in 1995, and spent thenext 17 years of his career
working on a wide variety of legalmatters including employment contracts tomarketing and advertising issues to
customer litigation. In more recent years as Senior Corporate Counsel,Pat was responsible for managing allof the
company’s information technology agreements and customer related litigation. He alsodid significant workon
extendedwarranty service contracts, a typeof consumer contract for new phones and an important rev enue generator
in the mobile phone industry.
Pat said in-house corporateworkhas been a good fit for him personally and professionally.He especially liked
working on the IT agreements and drafting thecontract languagefor theTerms and Conditions in t he extended
serv ice contracts. Pat said his years at Best Buy kept him “close tothe core business of retail,close tothe customer”
prov iding him invaluable industry knowledgethat hebrings tohis new position in Tennessee.
In his current position as Director and Regulatory Counselat Asurion,Pat describes being moreinvolved“on the
front end” of the business. He “sits in on weekly pricing meetings” in addition tothe regulatory and compliance work.
Pat explained Asurion’s corebusiness,which is selling portable electronics insurancefor new mobile phones and
extendedservice contracts for home electronic products, is regulated by state law. This means he spends considerable
time reviewing thelaws and regulations of those states where the company does business. Asurion works with
approximately one hundred retailers and carriers including Target,Verizon Wireless and Wal-Mart in all 50states
and many countries around the world.
Pat noted his workdrafting theTerms and Conditions for extended service contracts has been directly impacted by
the holding in a 2011 U.S.Supreme Court case.The case, AT&T Mobility LLC v .Concepcion et ux.(131 S.Ct.1740),
inv olved the enforceability of an arbitration provision that contained a class action waiver in a mobile phone contract.
In a 5-4 opinion,the Supreme Court held the arbitration provision enforceable. Pat saidthis ruling has resulted in
“industry setting language” that he uses when he writes the Terms and Conditions for extendedservice contracts.
2. A member of the Association of Corporate Counsel (www.acc.com),Pat served on theBoard of Directors of the
Minnesota Chapter in 2012 and the Career Advancement Committee.Pat said the group offers him on -going
opportunities tolearn from and network with industry related corporate counselfrom all over thecountry.More
recently,Pat joined the Tennessee Chapter of the ACC,and has plans tobe in Los Angeles for the upcoming annual
meeting in October.
Prior torelocating toTennessee,Pat was a member of his church’s Finance Committee.A big supporter of y outh
athletics,Pat has spent many weekend afternoons coaching and running soccer, basketball andfootballpractices; he
serv ed a four year term as theDirector of the Football Program for a neighborhood league.
A Michigan native, Pat reports he is enjoying the southern climate and the sights and sounds of historic Nashville.
Pat Kelley JD ’95can be reached at Patrick.Kelley@asurion.com