OverviewBrian C. Kimball is an accomplished litigator and mediator with over two decades of experience representing clients in complex commercial, environmental, and governmental litigation across multiple jurisdictions. As a member of Butler Snow’s Commercial Litigation Group, Brian’s practice spans a diverse array of industries, including manufacturing, construction, telecommunications, food services, financial services, healthcare, energy, retail, transportation, and technology. Recognized for his strategic insight and client-focused approach, Brian holds an AV Preeminent® rating from Martindale-Hubbell, reflecting his high ethical standards and exceptional legal ability as peer-reviewed by the legal community.
Brian’s litigation practice encompasses federal and state courts in jurisdictions including Mississippi, Tennessee, Louisiana, Georgia, Arkansas, Oklahoma, Michigan, Texas, Florida, Kentucky, New York, Delaware, and Alabama. He has successfully handled high-stakes disputes involving commercial contracts, environmental compliance, securities fraud, data breaches, E. coli infection claims, product liability, white-collar investigations, and CPA malpractice. His background as a former manager in the audit and business advisory division of Arthur Andersen, LLP’s Memphis office, where he focused on banking and financial services, provides him with a unique understanding of financial and accounting principles, particularly in litigating CPA malpractice matters. This expertise enables Brian to effectively navigate complex liability issues and deliver tailored strategies in professional negligence cases.
In addition to his litigation practice, Brian is a skilled mediator, drawing on his deep knowledge of commercial disputes and his ability to foster constructive resolutions. His mediation practice focuses on complex business disputes, environmental claims, and construction-related conflicts, providing clients with an efficient alternative to protracted litigation.
Experience
- Serving as lead defense counsel in Neeley et al. v. Great Escapes Pelahatchie, LP, No. 3:2021cv00786 (S.D. Miss. 2024), a significant E. coli case, successfully defending against complex tort claims.
- Representing a telecommunications company in multi-district auction rate securities litigation in the Southern District of New York following the 2008 collapse of the auction rate securities market, addressing complex securities fraud claims.
- Representing a multinational construction supply company in data breach cases pending in federal courts across different states, demonstrating his proficiency in cybersecurity litigation.
- Acting as counsel for Stuart C. Irby Company, a leading electrical materials supplier, in federal court and state court matters across multiple jurisdictions.
- Defending a telecommunications company in actions under the Telecommunications Act of 1996.
- Serving as counsel for a major coal mining company in environmental regulatory matters before the Mississippi Department of Environmental Quality.
- Litigating CPA malpractice cases, leveraging his accounting background to address issues of professional negligence and financial reporting.
- 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.
- Brian’s multifaceted experience, combined with his business acumen and mediation expertise, positions him as a versatile advocate for clients facing complex legal and regulatory challenges. His commitment to aligning legal strategies with clients’ operational goals ensures favorable outcomes in diverse forums.
Distinctions
- Martindale-Hubbell®
- AV®- Preeminent™ Peer Review Rated, 2011-2021
- Thomson Reuters Super Lawyers®
- Mid-South Super Lawyers, Business Litigation, 2014-2017
- Mid-South Rising Stars, Business Litigation, 2012
- BL Rankings, The Best Lawyers in America®
- Commercial Litigation, 2021-2025
- Litigation - Construction, 2024-2025
- 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
- U.S. Court of Federal Claims
U.S. Court of International Trade
- Civilian Board of Contract Appeals
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.
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