J. Kelly
Duncan
- Position
- Partner
- Office
- New Orleans
Kelly Duncan is a partner in the Maritime Practice Group. He serves currently as co-chair of the firm’s Gaming Industry Team and served on Jones Walker’s board of directors from 2006 to 2014.
Kelly has 40 years of experience handling admiralty, maritime, and international and customs law matters, including domestic and international matters relating to marine acquisitions, financings, vessel construction, regulatory issues, maritime lien enforcement and foreclosures, contracts of affreightment, terminal tariffs, and charter parties. His international practice encompasses international commercial transactions, customs rulings, protests, reliquidations, seizures, forfeitures, and classification disputes.
Since the early 1990s and the passage of legislation in states outside of Nevada and New Jersey authorizing video poker, riverboat gaming, land-based casinos, and racinos, Kelly has been integrally involved in the representation of major commercial and tribal casino companies as well as manufacturers, suppliers, and financial institutions regarding all matters relating to the development, financing, and operation of such facilities. He has extensive experience handling public-private leases, financings (including gaming vessel financings), land use approvals, statutory and regulatory interpretation and compliance, gaming operations, administrative hearings, and litigation.
Among Kelly’s clients are many of the largest gaming operators and gaming equipment manufacturers and suppliers in the world. He also advises major investment banking firms and large commercial lenders involved in secured and unsecured lending, and debt offerings and bond offerings in connection with the development of various gaming projects, as well as REITs.
Kelly is a past president of the International Masters of Gaming Law and a member of the International Association of Gaming Advisors. He has served as a speaker at international gaming conferences and at maritime seminars around the world, and is one of only seven gaming attorneys from the United States who is ranked globally in the category of Gaming & Gambling in the 2024 edition of Chambers Global Guide.
As a result of his maritime, gaming, and international practices, Kelly has had extensive experience appearing before regulatory bodies and federal courts.
Noteworthy
-
Best of the Best USA Expert Guide – Gaming and Gambling
- Best Lawyers®, "Lawyer of the Year," Gaming Law, New Orleans, Louisiana (2011, 2015, 2017, 2019 and 2021)
- The Legal 500 United States, Transport: Shipping – Finance (listed annually since 2017); Transport: Shipping – Regulation (listed annually since 2017); and Transport: Shipping – Litigation (2017–2018)
- The Best Lawyers in America®, Admiralty and Maritime Law and Gaming Law (listed annually since 2005)
- The International Who’s Who of Sports & Entertainment Lawyers (listed annually since 2014)
- Chambers USA, Gaming & Licensing (listed annually since 2005; Nationwide recognition since 2015) and Banking & Finance: Marine Finance (listed annually since 2012)
- Chambers Global, Gaming & Gambling (listed annually since 2009)
- New Orleans CityBusiness, Leadership in Law Award (2005, 2009, 2016)
- New Orleans CityBusiness Leadership in Law Hall of Fame (2016)
- Louisiana Super Lawyers in the areas of Gaming and Transportation/Maritime (listed annually since 2007)
- New Orleans Magazine, Top Lawyer (listed annually since 2004)
- AV Preeminent® Peer Review Rating in Martindale-Hubbell
Experience
- Represented the city of Danville, Virginia in negotiating and drafting a casino development agreement with a major casino company.
- Represented a real estate investment trust in connection with multiple asset acquisitions of gaming properties throughout the United States
- Represented a federally recognized Indian tribe in the acquisition of integrated casino resorts in the United States and Caribbean islands
- Represented an operator and processor with worldwide fishing operations in connection with Title XI and other financings and refinancings of fishing vessels secured by domestic and non-domestic ship mortgages
- Acted as special maritime counsel in connection with multibillion-dollar credit facility and modifications thereto secured by US ship mortgages
- Represented a money-center bank in connection with a loan restructuring involving a fleet of offshore supply vessels secured by US fleet ship mortgages
- Represented a casino owner and operator in connection with an $85 million credit facility secured by US ship mortgages
- Represented a money center bank in connection with a $575 million credit facility secured by US ship mortgages
- Advised in the licensure of domestic and foreign gaming manufacturers and suppliers
- Represented major entertainment companies in relation to gaming licensure and compliance matters in multiple states
- Represented a regional casino in connection with multimillion-dollar debt financings associated with an emergence from bankruptcy
- Represented a major private equity company seeking to acquire a major international lottery company
- Represented a national casino company in successfully obtaining important workforce concessions
- Represented international gaming manufacturers in connection with gaming issues arising out of mergers
- Represented various lenders in connection with a $700 million casino project
- Represented a casino owner in connection with a $600 million casino project
- Represented an international casino company in connection with a billion-dollar casino project
- Acted as special maritime counsel in a $405 million sale of all marine assets of a publicly traded utility to a private equity group
- Acted as special maritime counsel in a $9.5 billion acquisition financing associated with a publicly held entity being taken private
- Acted as special maritime counsel in a $2.2 billion debt exchange offer
- Acted as special maritime counsel in a $5 billion debt exchange offer
- Served as gaming counsel to a multijurisdictional casino company in connection with its $2 billion-plus Chapter 11 bankruptcy
Publications
- "Jones Walker Expands Gaming Group with New Office in Tallahassee, Florida," Jones Walker LLP Gulf States Gaming Law Client Alert, January 10, 2024
- "2021 Mississippi Milestones," Jones Walker LLP Gulf States Gaming Law Client Alert, January 2022
- "2021 Regional Gaming Highlights," Jones Walker LLP Gulf States Gaming Law Client Alert, January 2022
- "The Latest on Sports Wagering in Louisiana," Jones Walker LLP Gulf States Gaming Law Client Alert, June 22, 2021
- "What's Next for Sports Wagering in Louisiana? Regulations, Regulations, Regulations," Jones Walker LLP Gulf States Gaming Law Client Alert, May 27, 2021
- "2020 Regional Gaming Highlights," Jones Walker LLP Gulf States Gaming Law Client Alert, December 2020
- "Sports Wagering Is on the Ballot in Louisiana: Here’s What We Know," Jones Walker LLP Gulf States Gaming Law Client Alert, October 20, 2020
- "Virginia Establishes Narrow Window for Sports Betting Permit Applications," Jones Walker LLP Gulf States Gaming Law Client Alert, September 30, 2020
- "What Will Reopened Casinos Look Like in Louisiana and Mississippi After the Coronavirus Shutdown Ends?" Jones Walker LLP Gulf States Gaming Law Client Alert, April 21, 2020
- "Challenging Times: Specific Issues Facing the Gaming Industry During the Coronavirus Crisis," Jones Walker LLP Gulf States Gaming Law Client Alert, March 27, 2020
- "Louisiana Supreme Court Concludes that Permanently Moored Riverboat Casinos Are Not 'Vessels' Under Maritime Law," Jones Walker LLP Gulf States Gaming Law Client Alert, February 2020
- "2019 Gaming Highlights," Jones Walker LLP Gulf States Gaming Law Client Alert, December 2019
- "Update on Sports Wagering in Louisiana," Jones Walker LLP Gulf States Gaming Law Client Alert, June 2019
- "Sports Wagering in Louisiana Might Be on the Horizon," Jones Walker LLP Gulf States Gaming Law Client Alert, May 2019
- "Sports Betting In The South: A Status Update on Gulf States," Law360, April 17, 2019
- Louisiana Chapter, Chambers Global Practice Guides: Gaming, Gambling & Licensing, (1st ed. 2018), February 6, 2018
- Louisiana Chapter, International Comparative Legal Guide to: Gambling (3rd ed. 2017), December 19, 2016
- Louisiana Chapter, International Comparative Legal Guide to: Gambling (2nd ed. 2016), December 19, 2015
- "Gaming Industry Forecast," Casino Enterprise Management Magazine, January 1, 2015
- Louisiana Chapter, International Comparative Legal Guide to: Gambling (1st ed. 2015), January 1, 2015
- Chapter 24: "Import Procedures and Restrictions," A Foreign Investor's Guide to Doing Business in Louisiana, December 18, 2014
- "Gaming Industry Forecast," Casino Enterprise Management Magazine, January 18, 2014
- "Comment - The Convergence of Land-Based and Online Gaming," iNterGamingLaw Magazine, Issue 1, January 1, 2014
- "IMGL President's Message," Casino Lawyer Magazine, Canadian Gaming Lawyer, European Gaming Lawyer and La Ley del Juego, December 18, 2013
- "Internet Gaming and the Louisiana Conundrum," iNTERGAMINGLAW Magazine, Issue 1, December 18, 2013
- "Gaming Industry Forecast," Casino Enterprise Management Magazine, January 18, 2013
- "International Masters of Gaming Law Continue to Educate the World of Gaming," INTERGAME Yearbook, January 18, 2013
- "Impact of the Worst Natural Disaster in the History of the United States" Casino Lawyer Magazine, July 18, 2006
Presentations
- North American Gaming Regulators Association Annual Meeting, Boise, Idaho, June 12 and June 15, 2023
- "Investment Opportunities in the Gambling Industry and Navigating the Regulatory Issues," International Masters of Gaming Law 2023 Spring Conference, April 28, 2023
- "Antitrust and Regulatory Divestment: How will the Consolidations of the Future Move Forward?" G2E’s Education Program at the 2022 Global Gaming Expo, October 11, 2022
- "Legal Roundtable Panel," 2022 Southern Gaming Summit, Biloxi, Mississippi, May 5, 2022
- "Gaming, Elected Officials and The Media", March 28, 2019
- "Regulatory Markets: Esports, Daily Fantasy Sports, and Virtual Games as Regulated Gaming," International Masters of Gaming Law Spring Conference/ABA Gaming Law, Las Vegas, Nevada, May 31, 2018
- "If You Build It, They Will Come: Tips on Construction of Casino Resorts and Major Entertainment Complexes from Development to Dispute Resolution," American Bar Association Business Law Section Meeting, New Orleans, Louisiana, May 22, 2017
- "Effects of the 2016 Elections and Emerging Trends facing Gaming in the United States," International Masters of Gaming Law Spring Conference, May 1, 2017
- "Daily Fantasy Sports in Europe and in the U.S.," International Masters of Gaming Law Autumn Conference, Dublin, Ireland, October 25, 2016
- "The Competitive Impact of Tax Rate Policy; Taxes; Withholding; FinCEN Reporting," American Bar Association Gaming Law Minefield National Institute, February 12, 2016
- "Internet Gaming and Fantasy Sports", January 10, 2016
- "Best Practices of Gaming Regulatory Models from around the World," International Masters of Gaming Law Autumn Conference, October 16, 2015
- "Policy Issues of New and Emerging Jurisdictions," Gaming Laboratories International University Regulator Seminar, Vancouver, Canada, June 2, 2015
- "Mergers and Transfers of Interest: What Considerations are Relevant in Approving Consolidations," American Bar Association Gaming Law Minefield National Institute, Las Vegas, Nevada, February 12, 2015
- "Current Issues in Gaming Regulation," International Master of Gaming Law Autumn Conference, November 7, 2014
- "IGaming: A Real World Update," Southern Gaming Summit, Biloxi, Mississippi, May 7, 2014
- "Doing Business in North America," International Masters of Gaming Law Spring Conference, San Diego, California, April 25, 2014
- "The Current State of Financing in the Casino Industry," American Bar Association Gaming Law Minefield National Institute, Henderson, Nevada, February 14, 2014
- "Gaming Convergence," International Masters of Gaming Law Masterclass at ICE, London, England, February 5, 2014
- "Emerging Issues in Offshore Energy," Society of Louisiana Certified Public Accountants Oil & Gas Industry Workshop, November 15, 2013
- "Confidentially Speaking: What Information Can Gaming Regulators Request?" Global Gaming Expo (G2E), Las Vegas, Nevada, September 24, 2013
- "Building a Working Relationship between Regulator and Regulated", February 14, 2013, Henderson, Nevada
- "The Fiscal Impact of Expanded Gaming: Can Promises be Kept?" National Council of Legislators from Gaming States, June 16, 2012
- "North America Land Based Developments," International Masters of Gaming Law Autumn Conference, Vienna, Austria, September 15, 2011
- "Compliance: The Concept, the Application, and the Limits," International Masters of Gaming Law Spring Conference, Napa Valley, California, May 23, 2011
- "Commercial Gaming Regulatory Update," Southern Gaming Summit, Biloxi, Mississippi, May 4, 2011
- "Gaming Device Malfunctions—Winners and Losers," International Masters of Gaming Law Autumn Conference, October 2010; Southern Gaming Summit, Biloxi, Mississippi, May 6, 2010, International Masters of Gaming Law Autumn Conference, Madrid, Spain, October 2010; Southern Gaming Summit, Biloxi, Mississippi
- "Financing, Debt Workout and Bankruptcy in Gaming," American Bar Association Gaming Law Minefield National Institute, Henderson, Nevada, February 18, 2010
- "The New Politics of Gaming," Southern Gaming Summit, Biloxi, Mississippi, May 6, 2009
- "North America—Will There be an Earthquake?" International Masters of Gaming Law Conference, Berlin, Germany, January 1, 2008
- "Tales from Katrina," International Masters of Gaming Law Winter Conference, New Orleans, Louisiana, November 30, 2006
- "North American Gaming Developments," International Masters of Gaming Law Conference, Ljubljana, Slovenia, January 1, 2006
- "Foreign Lease Financing of Jones Act Qualified Vessles," Tulane University Maritime Law Seminar, October 18, 2003
- "Coast Guard Vessel Documentation Office Consolidation and Proposed Jones Act Abolition," Tulane University Maritime Law Seminar, July 24, 1996
- "Recent Developments in the Fifth Circuit," Southeastern Admiralty Law Institute, December 18, 1991
Memberships
Civic/Community:
- Audubon Commission: President; Member of Executive Committee
- Audubon Nature Institute:
- Past Chairman, Board of Directors
- Past Chairman, Annual Fund
- Honorary Co-Chair, Zoo-to-Do (2015; 2020)
- Co-Chair, Zoo to Do Sponsor Committee (2019)
- Past Member, Board of Directors, Audubon Nature Institute Foundation
- Founding Member, John Charles Olmsted Society
- Audubon Boulevard Association Board of Directors, Member; Past President
- Bureau of Governmental Research, Chairman, Endowment Committee; Past Chairman, Board of Directors
- Chamber of Commerce of New Orleans and the River Region, Past Chairman, Port and Waterways Advisory Committee
- Committee for a Better New Orleans, Member; Past Participant, MAC Leadership Forum (1982)
- Georgetown University:
- Past Member, Board of Governors
- Past President, Georgetown University Club of Louisiana
- Member, Alumni Admissions Program, Louisiana Admissions Committee
- Louisiana Children's Museum, Past President, Board of Directors
- Louisiana Nature and Science Center (National Center for Wetlands Education and Society for Environmental Education) Past President, Board of Directors
- Metropolitan Area Committee, Member; Past Participant, MAC Leadership Forum (1982)
- New Orleans Museum of Art, Fellow Member; Odyssey Ball Co-Chair (2017)
- New Orleans Regional Leadership Institute, Member of Class of 2005
-
Sawtooth Society, Member, Board of Directors
- St. Martin's Episcopal School, Member, Treasurer, Board of Trustees; 2018–2019 Recipient of the Martin de Tours Award
- Trinity Episcopal Church, Co-Chair Stewardship Campaign (2019–2020); Past Clerk of the Vestry and Member of Executive Committee
- Trinity Episcopal School, Past Member of Board of Trustees
- United Way, Past Professional Group Solicitor
- World Trade Center, Past Member of Transportation Committee
- Young Leadership Council, Past Member, Board of Directors
Professional:
- American Bar Association:
- Member, Sections of Admiralty and Maritime Law and Business Law, Gaming Law Committee
- Past Co-Chair, Gaming Law Minefield National Institute
- Federal Bar Association, Member
- Gaming Law Review and Economics, Member, Editorial Board
- International Association of Gaming Advisors, Member
- International Masters of Gaming Law, Past President; Member of the Executive Committee
- Louisiana State Bar Association:
- Chairman, Cuba Task Force
- Member, Sections on Admiralty and International Law
- Maritime Law Association of the United States, Member, Committee on Marine Financing
- New Orleans Bar Association, Past Co-Chair, Maritime and International Law Committee
- New Orleans Maritime Seminar, Member, Advisory and Planning Committee
- Southeastern Admiralty Law Institute, Member; Past Speaker at Annual Meeting
- UNLV Gaming Law Journal, Member, Advisory Board
Education
- Tulane University Law School
JD, 1979 - Georgetown University
AB, cum laude, 1976
Bar Admissions
- Louisiana
Court Admissions
- US Court of Appeals for the Fifth Circuit
- US Court of Appeals for the Eleventh Circuit
- US District Court for the Eastern District of Louisiana
- US District Court for the Middle District of Louisiana
- US District Court for the Western District of Louisiana
- US Court of International Trade