Brian C. Kimball
Office Information
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.
Biography – View PDF Bio
- Associations
- Bar Admissions
- Distinctions
- Education & Honors
- Experience
- In the News
- Papers, Presentations, & Publications
- Recent Blogs
Bar Admissions
- Mississippi, 2002
- Tennessee, 2011
- U.S. District Courts
- Mississippi: Northern, Southern
- Arkansas: Eastern, Western
- Michigan: Eastern, Western
- Oklahoma: Northern
- Texas: Eastern
- Tennessee: Middle
- Colorado: District of Colorado
- U.S. Court of Appeals
- 5th Circuit
- 2nd Circuit
- U.S. Court of Federal Claims
- U.S. Court of International Trade
Distinctions
- Martindale-Hubbell®
- AV®- Preeminent™ Peer Review Rated, 2011-2017
- Super Lawyers®
- Mid-South Super Lawyers, Business Litigation, 2014-2017
- Mid-South Rising Stars, Business Litigation, 2012
- Best Lawyers in America®
- Commercial Litigation, 2021
- General Counsel
- Top-Rated Lawyer: Commercial Litigation, 2013
Education & Honors
- University of Mississippi, J.D., magna cum laude, 2002
- University of Mississippi, : -- Select --, Professional Accountancy, 1993
- University of Southern Mississippi, B.A., Professional Accountancy, highest honors, 1992
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.
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.
Recent Blogs
- Ethereum Node Location Won’t Help Fraud Accusation
- D.C. Circuit Holds Locksmiths Cannot Unlock Google’s § 230 Protection
- Skeptical of Elephants in Mouseholes and Monster Arguments, the Supreme Court Holds Plaintiffs Can Still File 1933 Act Securities Class Actions in State Court and Not Fear Removal
- The Defend Trade Secrets Act and Whistleblowers: Protections and Vulnerabilities
- Second Circuit tells pharmacies the antitrust claims they cooked up need more than a little Morton Salt
- The Supreme Court approves a new tool to defeat class certification in federal securities fraud cases brought in the Fifth Circuit – price impact evidence
- The Fifth Circuit holds it lacks subject matter jurisdiction to hear petitions for review of Clean Air Act notices of violation