Kirby McInerney | Roger Kirby
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Roger  W. Kirby

PRACTICES

Securities
Antitrust

EDUCATION

  • Stanford University & Columbia College (B.A.)
  • Columbia University School of Law (J.D.), International Fellow
  • Hague Academy of International Law (Cert. D'Att.)

ADMISSIONS

  • New York State Bar
  • United States District Courts for the Southern and Eastern Districts of New York
  • United States District Court for the District of Connecticut
  • United States Courts of Appeals for the First, Second, Third, Fifth, Seventh, Eighth, Ninth, and Eleventh Circuits
  • The Appellate Division of the Supreme Court of the State of New York, First Judicial Department
  • United States Supreme Court
Roger W. Kirby
Of Counsel
CONTACT INFORMATION
Tel: 212.371.6600
Fax: 212.751.2540
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Roger W. Kirby is Of Counsel to 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 some of his cases have produced landmark decisions in the fields of securities law, corporate governance, and deceptive advertising.

Mr. Kirby’s relevant experience includes:
 
  • 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 district court’s decision, and held that assignees may be class representatives.  The opinion also clarified the meaning of antitrust injury.
  • Representation of an objector to the settlement in Reynolds v. Beneficial National Bank in the United States District Court for the Northern District of Illinois.  Mr. Kirby and the firm successfully persuaded the U.S. Court of Appeals for the Seventh Circuit and the district court to overturn the settlement in question.  Mr. Kirby and the firm were then appointed co-lead counsel to the class and were lauded by the presiding judge for their “intelligence and hard work,” and for obtaining “an excellent result for the class.”
  • Lead counsel for 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.
  • Lead counsel for a certified class of purchasers of PRIDES securities in connection with the Cendant Corporation accounting fraud in 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 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.  He is the author of Access to United States Courts By Purchasers Of Foreign Listed Securities In The Aftermath of Morrison v. National Australia Bank Ltd., 7 Hastings Bus. L.J. 223 (Summer 2011).  Mr. Kirby is a Visiting Law Fellow at the University of Oxford, St. Hilda’s College, Oxford, U.K.

Mr. Kirby is AV Peer Rated by Martindale Hubbell and has been perennially listed as one of New York’s Super Lawyers in securities litigation.  He is conversant in French and Italian.