Kirk is a commercial litigator with more than a decade of experience handling complex commercial, corporate, and real-estate disputes. He has represented clients in bench and jury trials in both state and federal courts across the country and at all phases of litigation and arbitration from pre-suit investigation and discovery to appeals and post-judgment enforcement.
Kirk has successfully represented clients as both plaintiffs and defendants in litigation and arbitration in a wide array of subject matters and focuses his practice on fiduciary liability and corporate governance disputes, financial services litigation, UCC contract claims, and various real estate litigation.
Prior to joining Esbrook P.C. in March 2024, Kirk was a partner at Freeborn & Peters LLP (now known as Smith, Gambrell & Russell, LLP) and an associate at McDermott Will & Emery LLP.
Selected Commercial Litigation Experience
- Obtained verdict in 11-day jury trial for steel processor client on claim for breach of unwritten long-term supply contract under Article 2 of the UCC.
- Represented online travel and marketplace companies as national counsel in multi-jurisdictional state and local tax litigation.
- Obtained summary judgment for client dealership on action by franchisor / manufacturer for specific performance of contractual rights.
Selected D&O Litigation and Corporate Investigations
- Obtained judgment in bench trial in federal court for corporate client against claims of aiding and abetting breach of fiduciary duty brought by minority shareholder of acquisition target.
- Defended corporate director and shareholder in three-month bench trial in adversary proceeding against contract and fiduciary duty claims brought by corporation’s bankruptcy estate.
- Conducted internal investigation of real estate investment trust (REIT) in connection with shareholder derivative demands involving accounting and fiduciary issues.
Selected Real Estate Litigation
- Served as lead counsel for real estate company in managing commercial eviction and landlord-tenant disputes for its portfolio of Chicagoland properties.
- Successfully prosecuted case for breach of commercial lease and obtained multi-million settlement for developer.
- Defended national construction management firm in arbitration against claims of construction defects and breach of standard AIA contract.
Publications
- U.S. Supreme Court Will Review the Sixth Circuit’s Yard-Man Inference that Retiree Health Insurance Benefits Are Vested, Bender’s Labor & Employment Bulletin (2014) (co-author)
- A Dramatic Change in Multiple Damage Calculations Under the False Claims Act, BNA Federal Contract Reporter (2013) (co-author)
Professional Awards
- Excellence in Pro Bono Service Award Recipient, U.S. District Court and Chicago’s Federal Bar Association Chapter (2017)