Brian C. Kimball

Brian C.

Kimball

Overview

As a member of the firm’s Commercial Litigation Group, Brian's practice includes a variety of types of commercial litigation including representation of large, private and publicly-traded participants in the manufacturing, construction, telecommunications, food services and financial services industries. Brian has represented those clients in multiple jurisdictions including Mississippi, Tennessee, Louisiana, Georgia, Arkansas, Oklahoma, Michigan, Texas, Florida, Kentucky, New York and Delaware. 

Industry

Experience

  • Currently representing a large, multinational participant in the construction supply industry in two data break cases pending in federal courts in two different states.
  • Currently representing Stuart C. Irby Company, a large electrical materials supplier, in matters pending in federal courts in Florida and Arkansas.
  • Counsel for telecommunications company in securities fraud litigation conducted in Mississippi and ultimately in multi-district litigation proceedings in New York against certain investment banks in connection with the 2008 collapse of the auction rate securities market.
  • Counsel for telecommunications company in a variety of actions concerning the Telecommunications Act of 1996.
  • Counsel for a major coal mining concern in various matters before the Mississippi Department of Environmental Quality.
  • Counsel for telecommunications executive in, at the time, the largest securities fraud criminal proceeding in the United States.
  • Engaged as a manager in the audit and business advisory division of the Memphis, Tennessee office of the multinational accounting firm of Arthur Andersen, LLP, with a focus in banking and financial services industries.

Distinctions

  • Martindale-Hubbell®
    • AV®- Preeminent™ Peer Review Rated, 2011-2021
  • Super Lawyers®
    • Mid-South Super Lawyers, Business Litigation, 2014-2017
    • Mid-South Rising Stars, Business Litigation, 2012
  • Best Lawyers in America®
    • Commercial Litigation, 2021-2024
    • Litigation - Construction, 2024
  • General Counsel
    • Top-Rated Lawyer: Commercial Litigation, 2013

Bar Admissions

  • Mississippi, 2002
  • Tennessee, 2011
  • U.S. District Courts
    • Maryland: District Court, District of Maryland
    • Tennessee: Middle, Eastern, Western
    • Ohio: Northern
    • Colorado: District of Colorado
    • Texas: Eastern
    • Oklahoma: Northern
    • Michigan: Eastern, Western
    • Arkansas: Eastern, Western
    • Mississippi: Northern, Southern
  • U.S. Court of Appeals
    • 5th Circuit
    • 2nd Circuit
  • U.S. Court of Federal Claims
    U.S. Court of International Trade

Education

  • University of Mississippi, J.D., magna cum laude, 2002
  • University of Mississippi, Professional Accountancy, 1993
  • University of Southern Mississippi, B.A., Professional Accountancy, highest honors, 1992

Associations

  • Bar Association of the Fifth Federal Circuit
  • Mississippi Bar Association
  • Mississippi Society of Certified Public Accountants

Papers, Presentations & Publications

  • Author, "The Federal Faith-Based and Community Initiative: A Guide for Future Legislation," 71 Miss. L.J. 241, Fall 2001.
  • Author, "Constitutional Law - Establishment Clause - A Policy Allowing Potential Religious Expression at Government-Sponsored Events Violates the Establishment Clause if the Government Entity Created the Policy with the Purpose to Promote Religious Beliefs," 70 Miss. L.J. 473, Fall 2000.

Brian C.

Kimball

Overview

As a member of the firm’s Commercial Litigation Group, Brian's practice includes a variety of types of commercial litigation including representation of large, private and publicly-traded participants in the manufacturing, construction, telecommunications, food services and financial services industries. Brian has represented those clients in multiple jurisdictions including Mississippi, Tennessee, Louisiana, Georgia, Arkansas, Oklahoma, Michigan, Texas, Florida, Kentucky, New York and Delaware. 

Industry

Experience

  • Currently representing a large, multinational participant in the construction supply industry in two data break cases pending in federal courts in two different states.
  • Currently representing Stuart C. Irby Company, a large electrical materials supplier, in matters pending in federal courts in Florida and Arkansas.
  • Counsel for telecommunications company in securities fraud litigation conducted in Mississippi and ultimately in multi-district litigation proceedings in New York against certain investment banks in connection with the 2008 collapse of the auction rate securities market.
  • Counsel for telecommunications company in a variety of actions concerning the Telecommunications Act of 1996.
  • Counsel for a major coal mining concern in various matters before the Mississippi Department of Environmental Quality.
  • Counsel for telecommunications executive in, at the time, the largest securities fraud criminal proceeding in the United States.
  • Engaged as a manager in the audit and business advisory division of the Memphis, Tennessee office of the multinational accounting firm of Arthur Andersen, LLP, with a focus in banking and financial services industries.

Distinctions

  • Martindale-Hubbell®
    • AV®- Preeminent™ Peer Review Rated, 2011-2021
  • Super Lawyers®
    • Mid-South Super Lawyers, Business Litigation, 2014-2017
    • Mid-South Rising Stars, Business Litigation, 2012
  • Best Lawyers in America®
    • Commercial Litigation, 2021-2024
    • Litigation - Construction, 2024
  • General Counsel
    • Top-Rated Lawyer: Commercial Litigation, 2013

Bar Admissions

  • Mississippi, 2002
  • Tennessee, 2011
  • U.S. District Courts
    • Maryland: District Court, District of Maryland
    • Tennessee: Middle, Eastern, Western
    • Ohio: Northern
    • Colorado: District of Colorado
    • Texas: Eastern
    • Oklahoma: Northern
    • Michigan: Eastern, Western
    • Arkansas: Eastern, Western
    • Mississippi: Northern, Southern
  • U.S. Court of Appeals
    • 5th Circuit
    • 2nd Circuit
  • U.S. Court of Federal Claims
    U.S. Court of International Trade

Education

  • University of Mississippi, J.D., magna cum laude, 2002
  • University of Mississippi, Professional Accountancy, 1993
  • University of Southern Mississippi, B.A., Professional Accountancy, highest honors, 1992

Associations

  • Bar Association of the Fifth Federal Circuit
  • Mississippi Bar Association
  • Mississippi Society of Certified Public Accountants

Papers, Presentations & Publications

  • Author, "The Federal Faith-Based and Community Initiative: A Guide for Future Legislation," 71 Miss. L.J. 241, Fall 2001.
  • Author, "Constitutional Law - Establishment Clause - A Policy Allowing Potential Religious Expression at Government-Sponsored Events Violates the Establishment Clause if the Government Entity Created the Policy with the Purpose to Promote Religious Beliefs," 70 Miss. L.J. 473, Fall 2000.