Nixon Peabody LLP

  • People
  • Capabilities
  • Insights
  • About

Trending Topics

    • People
    • Capabilities
    • Insights
    • About
    • Locations
    • Events
    • Careers
    • Alumni

    Practices

    View All

    • Affordable Housing
    • Community Development Finance
    • Corporate & Finance
    • Cybersecurity & Privacy
    • Environmental
    • Franchising & Distribution
    • Government Investigations & White Collar Defense
    • Healthcare
    • Intellectual Property
    • International Services
    • Labor & Employment
    • Litigation
    • Private Wealth & Advisory
    • Project Finance
    • Public Finance
    • Real Estate
    • Regulatory & Government Relations

    Industries

    View All

    • Cannabis
    • Consumer
    • Energy
    • Entertainment
    • Financial Services
    • Healthcare
    • Higher Education
    • Infrastructure
    • Manufacturing
    • Non Profit
    • Real Estate
    • Technology

    Value-Added Services

    View All

    • Alternative Fee Arrangements

      Developing innovative pricing structures and alternative fee agreement models that deliver additional value for our clients.

    • Continuing Education

      Advancing professional knowledge and offering credits for attorneys, staff and other professionals.

    • Crisis Advisory

      Helping clients respond correctly when a crisis occurs.

    • DEI Strategic Services

      Providing our clients with legal, strategic, and practical advice to make transformational changes in their organizations.

    • eDiscovery

      Leveraging law and technology to deliver sound solutions.

    • Global Services

      Delivering seamless service through partnerships across the globe.

    • Innovation

      Leveraging leading-edge technology to guide change and create seamless, collaborative experiences for clients and attorneys.

    • IPED

      Industry-leading conferences focused on affordable housing, tax credits, and more.

    • Legal Project Management

      Providing actionable information to support strategic decision-making.

    • Legally Green

      Teaming with clients to advance sustainable projects, mitigate the effects of climate change, and protect our planet.

    • Nixon Peabody Trust Company

      Offering a range of investment management and fiduciary services.

    • NP Capital Connector

      Bringing together companies and investors for tomorrow’s new deals.

    • NP Second Opinion

      Offering fresh insights on cases that are delayed, over budget, or off-target from the desired resolution.

    • NP Trial

      Courtroom-ready lawyers who can resolve disputes early on clients’ terms or prevail at trial before a judge or jury.

    • Social Impact

      Creating positive impact in our communities through increasing equity, access, and opportunity.

    1. Home
    2. People
    3. William M. Kirby, Jr.People
    1. Home
    2. People
    3. William M. Kirby, Jr.People

    William M. Kirby, Jr.

    Partner


    • Chicago
    • Office312.977.4429
    • wmkirby@nixonpeabody.com
    • Download vCard
    • Share
    • LinkedIn Profile

    Introduction

    William Kirby is a litigator who represents local and national clients in a wide variety of commercial disputes, including product liability defense and complex financial services litigation. Bill represents clients across a broad spectrum of industries in lawsuits involving trade secret misappropriation, products liability, professional malpractice, and breach of contract. He also maintains an active pro bono practice and has advocated several litigation matters on behalf of transgender individuals, Chicago-based non-profit entities, artists, and actors, among others.

    Practice Areas

    LitigationComplex DisputesFinancial Institution InvestigationsProduct Liability, Complex Tort & Health EffectsNon-Compete & Trade SecretsERISA LitigationFinancial Institutions & Banking Disputes

    Industries

    Financial Services

    My focus

    I focus my practice on three primary areas.

    Product Liability Defense

    I develop and implement comprehensive and aggressive defense strategies for clients facing wide-scale product liability actions throughout the United States. I have favorably resolved several disputes on behalf of product manufacturers and consumer-facing companies in a variety of commercial settings, including automobile manufacturers’, complex industrial equipment, medical devices, and facilities for the harvesting, testing, and implantation of human genetic material. My approach to generating positive outcomes for my clients relies on two important elements: seeking creative options with the potential for an early or, alternatively, developing an aggressive defense strategy.

    Commercial Litigation

    I represent clients across a broad spectrum of industries in lawsuits involving trade secret misappropriation, violation of post-employment restrictive covenants, employment termination disputes, products liability, professional malpractice and breach of contract. I also counsel both private sector and nonprofit clients in risk avoidance to potential common law and statutory claims.

    Financial Services Litigation

    My practice includes representing banks and financial industry regulators in defending and prosecuting complex financial services litigation. My experience ranges from disputes concerning the liabilities of officers and directors to cases involving the administration of trusts, loans and other financial instruments.

    Representative experience

    • Successfully prosecuting and resolving third-party professional liability claims on behalf of a client that had been improperly advised by its actuaries regarding the computation of benefits under its ERISA-qualified benefit plan
    • Defending product manufacturer in several cases brought by competitor alleging trade secret misappropriation and breaches of post-employment restrictive covenants
    • Obtaining dismissal, at both the trial and appellate levels, on behalf of financial institution in dispute over standing to litigate claims on behalf of trust beneficiary
    • Obtaining dismissal of drug-manufacturing competitor’s claim for unfair competition based on federal pre-emption, which further defeated competitor’s motion for preliminary injunction
    • Representing the FDIC in negligence and breach-of-fiduciary duty lawsuits against former officers and directors of failed banks
    • Defending and favorably resolving several product liability matters brought against medical device manufacturer
    • Defending and favorably resolving claims against component-part manufacturer alleging manufacturing defect, design defect, and failure to warn
    • Defending and obtaining dismissal of several cases against automobile manufacturers in disputes involving allegations of breaches of warranty and manufacturing and design defects
    • Successfully resolving several licensing disputes with state regulatory authorities and licensees in the video-gaming industry
    • Advising and favorably resolving pre-litigation disputes involving partnership and joint-venture agreements

    Looking ahead

    Clients who find themselves facing high-stakes, complex litigation are increasingly looking for ways to mitigate risk and cost associated with litigating such disputes. I work with clients to formulate alternative-fee arrangements and other risk-reward sharing arrangements to bring more predictable cost-allocation and incentive-driven risk sharing into the modern litigation framework.

    In the news

    • Des Moines Register

      Iowa Supreme Court to decide if Medicaid must cover gender transition surgery

      The following article covers Iowa Supreme Court oral arguments in the state’s appeal of a ruling that an amendment to the Iowa Civil Rights Act—which prohibited the use of Medicaid coverage for gender affirmation surgery—violated the Iowa Constitution. The articles quote Chicago Complex Disputes partner Seth Horvath, who is providing pro bono legal representation for two transgender Iowans whose applications for Medicaid coverage for gender affirmation surgery were denied. The NP team also includes partners Tom Hecht, Tina Solis, and Bill Kirby; and associates Christie Kurow and Maggie Borse, all of the Chicago office and Complex Disputes practice.

      Jan 19, 2023
    • Courthouse News Service

      Iowa seeks to reinstate ban on Medicaid coverage for sex reassignment surgery

      The following article covers Iowa Supreme Court oral arguments in the state’s appeal of a ruling that an amendment to the Iowa Civil Rights Act—which prohibited the use of Medicaid coverage for gender affirmation surgery—violated the Iowa Constitution. The articles quote Chicago Complex Disputes partner Seth Horvath, who is providing pro bono legal representation for two transgender Iowans whose applications for Medicaid coverage for gender affirmation surgery were denied. The NP team also includes partners Tom Hecht, Tina Solis, and Bill Kirby; and associates Christie Kurow and Maggie Borse, all of the Chicago office and Complex Disputes practice.

      Jan 18, 2023
    • Iowa Capital Dispatch

      Iowa Supreme Court weighs transgender issue and civil rights protection

      The following article covers Iowa Supreme Court oral arguments in the state’s appeal of a ruling that an amendment to the Iowa Civil Rights Act—which prohibited the use of Medicaid coverage for gender affirmation surgery—violated the Iowa Constitution. The articles quote Chicago Complex Disputes partner Seth Horvath, who is providing pro bono legal representation for two transgender Iowans whose applications for Medicaid coverage for gender affirmation surgery were denied. The NP team also includes partners Tom Hecht, Tina Solis, and Bill Kirby; and associates Christie Kurow and Maggie Borse, all of the Chicago office and Complex Disputes practice.

      Jan 18, 2023
    • Chicago Daily Law Bulletin

      People

      This roundup of notable legal moves features Healthcare partner April Schweitzer, Global Finance partner Joshua Scarborough, and Complex Disputes partners Elizabeth Zamora Meraz and Bill Kirby for their promotions to partner, noting areas of focus for each attorney.
      Feb 3, 2022
    • Crain’s Chicago

      People on the move

      Chicago Complex Commercial Disputes counsels Elizabeth Meraz and Bill Kirby were included in this column of notable executive moves for their promotions to counsel.
      March 8, 2021
    • Bloomberg Law

      Wake Up Call

      This roundup of notable legal industry news and people moves includes Nixon Peabody’s promotion of 12 attorneys to counsel.
      Feb 17, 2021
    • Chicago Daily Law Bulletin

      CDLB people moves

      This column of notable legal moves includes the counsel promotions of Chicago Complex Commercial Disputes counsels Elizabeth Zamora Meraz and Bill Kirby.
      Feb 17, 2021
    • The American Lawyer

      A Post-Thanksgiving Litigator of the Week Runner-Up and Shout Out Marathon

      This week’s “Litigators of the Week“ column by American Lawyer includes the dismissal for outsourcing facility Leiters, Inc. in a multiple-state dispute. Leiters was represented by Chicago partners Ethan Trull, John Ruskusky, and Lisa Sullivan, and associates Bill Kirby and Tina Jonsson; and San Francisco partner Bruce Copeland and counsel Lauren Michals—all in the Complex Commercial Disputes group.
      Dec 4, 2020
    • The American Lawyer

      Slideshow: Pro bono brought Big Law out in force

      Nixon Peabody is mentioned in this roundup of notable pro bono cases. The article highlights the victory that Chicago Complex Commercial Disputes partners Tom Hecht, Seth Horvath, and Tina Solis, with assistance from associate Bill Kirby and eDiscovery specialist Anders van Marter, won in Iowa Supreme Court in a matter involving Medicaid coverage of gender-affirming surgery for transgender individuals.
      June 26, 2019
    • Courthouse News Service

      Iowa justices say Medicaid covers sex-change surgery

      In the following coverage, Chicago partners Tom Hecht, Seth Horvath, and Tina Solis are mentioned in a series of articles covering the Iowa Supreme Court decision in favor of their clients, two transgender women who were denied Medicaid coverage for their gender-affirming surgeries, in violation of the Iowa Constitution and civil rights statutes. Chicago associate Bill Kirby and eDiscovery specialist Anders van Marter were also on the team.
      March 8, 2019
    • Bloomberg Law

      Transgender Medicaid patients notch big win in Iowa

      In the following coverage, Chicago partners Tom Hecht, Seth Horvath, and Tina Solis are mentioned in a series of articles covering the Iowa Supreme Court decision in favor of their clients, two transgender women who were denied Medicaid coverage for their gender-affirming surgeries, in violation of the Iowa Constitution and civil rights statutes. Chicago associate Bill Kirby and eDiscovery specialist Anders van Marter were also on the team.
      March 8, 2019
    • Law360

      Medicaid must cover trans women's surgeries: Iowa justices

      In the following coverage, Chicago partners Tom Hecht, Seth Horvath and Tina Solis are mentioned in a series of articles covering the Iowa Supreme Court decision in favor of their clients, two transgender women who were denied Medicaid coverage for their gender-affirming surgeries, in violation of the Iowa Constitution and civil rights statutes. Chicago associate Bill Kirby and eDiscovery specialist Anders van Marter were also on the team.
      March 8, 2019
    • Chicago Daily Law Bulletin

      Chicago Daily Law Bulletin Highlights Addition of Six Attorneys to Ungaretti & Harris' Roster

      Ungaretti & Harris was highlighted in the Chicago Daily Law Bulletin article, “Ungaretti & Harris adds 6 new lawyers.”

      July 23, 2014

    Admitted to practice

    Illinois
    U.S. District Court, Northern District of Illinois
    U.S. District Court, Central District of Illinois
    U.S. Court of Appeals, Seventh Circuit

    Education

    College of the Holy Cross, B.A.
    DePaul University College of Law, J.D., summa cum laude, Order of the Coif; Articles, Notes and Comments Editor, DePaul Law Review

    Professional activities

    • American Bar Association
    • Chicago Bar Association

    Recognition

    • Illinois Super Lawyers Rising Star, 2016–2021
    • Two-time CALI Excellence for Future Awards in Legal Analysis, Research and Communication

    Insights And Happenings

    View All
    • Press Release

      Nixon Peabody elevates 14 attorneys in 2022 new partner class

      Feb 1, 2022
    • Press Release

      Nixon Peabody elevates 12 attorneys across practice areas to counsel

      Feb 16, 2021
    • Press Release

      Nixon Peabody secures dismissal for Leiters, Inc., in a multi-state dispute

      Nov 18, 2020
    View All

    Professionals in the Practice Area

    View All
    • Anthony Barron

      Partner / Chair, Litigation Department
      • San Francisco
      • Office:415.984.8309
      • abarron@nixonpeabody.com
      Anthony Barron
    • Kimberly Harding

      Partner / Deputy Leader, Litigation Department
      Leader, Labor Relations Team
      • Rochester
      • Office:585.263.1037
      • kharding@nixonpeabody.com
      Kimberly Harding
    • John Ruskusky

      Partner / Practice Group Leader, Complex Disputes / Leader, Medical Device, Pharmaceuticals and Diagnostic Health
      • Chicago
      • Office:312.977.4460
        Mobile:708.606.8720
      • jtruskusky@nixonpeabody.com
      John Ruskusky
    • Jeffrey S. Brenner

      Partner / Practice Group Leader, Construction & Real Estate Litigation
      • Providence
      • Office:401.454.1042
      • jbrenner@nixonpeabody.com
      Jeffrey S. Brenner
    • Daniel J. Hurteau

      Partner / Deputy Practice Group Leader, Complex Disputes
      • Albany
      • Office:518.427.2652
      • dhurteau@nixonpeabody.com
      Daniel J. Hurteau
    View All

    Subscribe to stay informed of the latest legal news, alerts, and business trends.Subscribe

    • People
    • Capabilities
    • Insights
    • About
    • Locations
    • Events
    • Careers
    • Alumni
    • © 2023 Nixon Peabody. All rights reserved
    • Privacy Policy
    • Terms of Use
    • Statement of Client Rights
    • Supplier Diversity Program
    • Nixon Peabody International LLC
    • PAL