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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.
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
Jan 19, 2023The 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.
- Courthouse News Service
Iowa seeks to reinstate ban on Medicaid coverage for sex reassignment surgery
Jan 18, 2023The 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.
- Iowa Capital Dispatch
Iowa Supreme Court weighs transgender issue and civil rights protection
Jan 18, 2023The 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.
- 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
July 23, 2014Ungaretti & Harris was highlighted in the Chicago Daily Law Bulletin article, “Ungaretti & Harris adds 6 new lawyers.”
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 AllProfessionals in the Practice Area
View AllAnthony Barron
Partner / Chair, Litigation Department- San Francisco
- Office:415.984.8309
- abarron@nixonpeabody.com
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Kimberly Harding
Partner / Deputy Leader, Litigation Department
Leader, Labor Relations Team- Rochester
- Office:585.263.1037
- kharding@nixonpeabody.com
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John Ruskusky
Partner / Practice Group Leader, Complex Disputes / Leader, Medical Device, Pharmaceuticals and Diagnostic Health- Chicago
- Office:312.977.4460Mobile:708.606.8720
- jtruskusky@nixonpeabody.com
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Jeffrey S. Brenner
Partner / Practice Group Leader, Construction & Real Estate Litigation- Providence
- Office:401.454.1042
- jbrenner@nixonpeabody.com
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Daniel J. Hurteau
Partner / Deputy Practice Group Leader, Complex Disputes- Albany
- Office:518.427.2652
- dhurteau@nixonpeabody.com
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