Kelly E. Marks

Partner Buffalo

A versatile transactional attorney with a deep tax background, Kelly advises clients on complex mergers and acquisitions (M&A) and joint venture transactions.

Kelly is a corporate and tax attorney counseling clients on M&A and related tax considerations and joint ventures. Leveraging strong interpersonal and project management skills, she has led or co-led the deal teams providing legal and tax advice on a large acquisition in the self-storage industry, a majority investment in a telecom joint venture, and the sale or purchase of businesses in regulated industries, including the insurance, healthcare, education and not-for-profit industries. Kelly has provided tax and structuring advice on transactions involving real estate investment trusts, private equity funds, joint ventures and other partnerships. Kelly has also counseled management teams on incentive compensation packages in connection with the sale of their employers.

In addition, Kelly has experience in the areas of corporate and partnership tax, executive compensation and tax-exempt organization compliance.

Prior to becoming an attorney, Kelly spent nine years in advancement and development at two higher educational institutions and a national health care organization, serving in managerial, regional giving officer and planned giving officer positions. That unique industry experience informs her work with tax-exempt organization clients — enabling Kelly to provide practical advice based on her personal understanding of the operations of tax-exempt organizations. She is co-leader of Phillips Lytle’s Not-for-Profit Team.

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Honors & Awards

  • Named Upstate New York Super Lawyers® Rising Star, 2016-2017
  • Listed in Who’s Who In Law, Business First of Buffalo and Buffalo Law Journal
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Education & Admissions

Education
  • Albany Law School of Union University, J.D., magna cum laude, 2006
  • New York University School of Law, Advanced Corporate Tax Certificate, 2010
  • State University of New York at Buffalo, M.B.A., 1997
  • State University of New York at Buffalo, B.S., cum laude, 1994
Admitted to Practice
  • New York
  • U.S. Tax Court

Experience

Mergers and Acquisitions
  • Led deal teams in sales of businesses in the insurance brokerage and retail industries.
  • Led the acquisition of a healthcare billing services company.
  • Co-led deal team in acquisitive merger involving a complex partnership in the real estate industry.
Joint Ventures
  • Negotiated and drafted joint venture agreements in the telecommunications and health care industries.
  • Advises clients on joint venture governance matters.
Tax-Exempt Organizations
  • Advised on the merger of two private foundations.
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Speaking Engagements

View All
  • Presenter, “Endowments in Higher Education,” Commission on Independent Colleges and Universities (CICU) Webinar, April 2024
  • Panelist, “Planning for the Business Owner: Start to Finish,” Western New York Estate Planning Council, October 2023
  • Panelist, “Take A Deeper Dive: Covid-19 Panel” Phillips Lytle and Tronconi Segarra & Associates LLP Webinar, February 2021
  • Presenter, “Tax Reform and Philanthropy: How Changes in Federal Tax Law Impact Charitable Giving and Charitable Organizations,” “Bolster Your Boardroom Knowledge,” Phillips Lytle Not-For-Profit Seminar, October 2018
  • Panelist, “Tax Reform and Philanthropy: How Changes in Federal Tax Law May Impact Charitable Giving,” “From Naming Rights to Quid Pro Quo: Fundraising Rules You Need to Know,” Association of Fundraising Professionals (AFP) Event, December 2017
  • Presenter, “Charitable Giving Insights All Fundraisers Should Know: Important Advice and Topics Your Donors May be Hearing,” Association of Fundraising Professionals Western New York Chapter (AFP-WNY) Professional Advancement Session, December 2015
  • Presenter, “The Nonprofit Revitalization Act–A Year Later,” “This Is Not Your Father’s Board of Directors,” Phillips Lytle LLP Seminar, October 2015
  • Presenter, “Duties and Responsibilities of a Not-For-Profit Board Member,” “This Is Not Your Father’s Board of Directors,” Phillips Lytle LLP Seminar, October 2015
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Activities & Professional Associations

Present Activities

  • MusicalFare Theatre Company, Inc., Trustee

Past Activities

  • American Red Cross Western New York Chapter, Trustee and Philanthropy Committee Chair
  • Irish Classical Theatre Company, Board of Trustees, Trustee and President
  • Second Generation Theatre Company, Inc., Trustee
  • University at Buffalo School of Management, Tax Institute Planning Committee, Member

Professional Associations

  • American Bar Association
    • Business Law Section
    • Section of Taxation
  • Bar Association of Erie County
  • New York State Bar Association
    • Business Law Section
    • Tax Section

Articles & Publications

Publications

  • Co-Author, “US Regional Real Estate – New York,” Chambers Global Practice Guide, May 2023
  • Co-Author, “US Regional Real Estate – New York,” Chambers Global Practice Guide, June 2022
  • Co-Author, “US Regional Real Estate – New York,” Chambers Global Practice Guide, May 2021
  • Co-Author “USA Regional Real Estate – New York,” Chambers Global Practice Guide, May 2020
  • Co-Author, “USA Regional Real Estate – New York,” Chambers Global Practice Guide, June 2019
  • Co-Author, “Regional Real Estate, New York – Law and Practice,” Chambers Global Practice Guides, June 2018