Kirk advises clients on complex commercial litigation, bringing 42 years of experience of trial and appellate practice in both state and federal courts and arbitrations before various tribunals.
Kirk’s experience includes all types of commercial contractual disputes, mergers and acquisitions, business breakups, financial institutions litigation and real estate litigation.
Kirk efficiently and aggressively pursues matters, placing his clients in a favorable position for either settlement or trial.
- Represented a community bank in obtaining judgment of specific performance valued at $180 million of merger agreement with large national bank (won two jury trials and appeal to Georgia Supreme Court).
- Won summary judgment for developer client on multi-million-dollar claims of piercing the corporate veil.
- Won defense verdict on behalf of medical group in arbitration brought by former member of practice.
- Achieved favorable jury verdict for client who was one of several defendants accused of conspiring to defraud multinational company.
- Represented foreign company in achieving favorable settlement in claims against bank for accepting fraudulently endorsed checks.
- Won at trial and on appeal for developer client seeking specific performance of a multimillion dollar real estate contract.
- Achieved favorable settlement of client seeking specific performance of several real estate contracts.
- Represented railcar leasing and repair company at trial and on appeal in multi-million-dollar dispute with customer that acquired railcars and associated leases.
- Successfully enjoined foreign company from encroaching on client moving company’s trademark and internet domains.
- Achieved partial reverse in Eleventh Circuit of trial court rulings against client in professional negligence case.
- Successfully negotiated a settlement for client engaged in litigation against business partner.
- Negotiated a favorable settlement on behalf of a national bank and its officers in a case alleging conspiracy, fraud, and other wrongdoing.
- Successfully represented borrowers and personal guarantors in several lawsuits brought by national and regional lenders
- Obtained a seven-figure judgment after jury trial against borrowers and guarantors on behalf of an international bank.
- Represented individuals and companies in numerous cases involving contract disputes and business torts such as conspiracy, fraud, breach of fiduciary duty and other claims.
- Achieved favourable settlement for clients in a secrets case in federal court.
- Won a multimillion dollar arbitration award for departing partners of an accounting firm.