Partners
Roger W. Kirby
Roger W. Kirby is managing partner of the firm. He has written several articles on litigation, the Federal Rules of Civil Procedure and the Federal Rules of Evidence that have been published by various reporters and journals, and has been on the board of editors of Class Action Reports. He has also lectured on aspects of securities litigation to various professional organizations in the United States and abroad.
Mr. Kirby has enjoyed considerable success as a trial attorney, and cases for which he has had primary responsibility have produced landmark decisions in the fields of securities law, corporate governance, and deceptive advertising.
Recent activities include:
■ Representation of a putative class of initial public offerors in Cordes & Company Financial Services v A.G. Edwards & Sons, Inc. On appeal to the Court of Appeals for the Second Circuit, the court reversed the decision below, and held that assignees may be class representatives. It also clarified the meaning of antitrust injury;
■ Representation of an objector to the settlement in Reynolds v. Beneficial National Bank in the United States Northern District Court for the District of Illinois. Mr. Kirby and the firm successfully persuaded the U.S. Court of Appeals for the Seventh Circuit and ultimately the district court to overturn the settlement in question, and were then appointed co-lead counsel to the class. Mr. Kirby and the firm were lauded by the presiding judge for their “intelligence and hard work,” and for obtaining “an excellent result for the class.”
■ Representation, as lead counsel, of a class of investors in Gerber v. Computer Associates International, Inc., a securities class action that resulted in a multimillion dollar recovery jury verdict that was upheld on appeal; and
■ Representation, as lead counsel, of a certified class of purchasers of PRIDES securities in connection with the Cendant Corporation accounting fraud in i>In re Cendant Corporation PRIDES Litigation. Mr. Kirby was instrumental in securing an approximate $350 million settlement for the certified class – an unprecedented 100 percent recovery.
Mr. Kirby is admitted to the New York State Bar, the United States District Courts for the Southern, Northern and Eastern Districts of New York, the United States Courts of Appeals for the Second, Third, Fifth, Seventh, Eighth, Ninth, and Eleventh Circuits and the United States Supreme Court. He attended Stanford University & Columbia College (B.A., 1969) and Columbia University School of Law (J.D., 1972) where he was an International Fellow. He also attended The Hague Academy of International Law (Cert. D’Att.). Thereafter, he was law clerk to the late Honorable Hugh H. Bownes, United States District Court for New Hampshire, and the United States Court of Appeals for the First Circuit. Mr. Kirby is fluent in French.
Mr. Kirby is AV Peer Rated by Martindale Hubbell, and is listed as one of New York's Super Lawyers in securities litigation for 2006 and 2007. |
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