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[Image] Kip A. Nesmith

Kip A. Nesmith // Partner download a vcard

Birmingham Office

Phone (205) 458-5491
Fax (205) 714-6836
E-Mail knesmith@burr.com

Paralegal
Jennifer Wilson, (205) 458-5454, jcwilson@burr.com
Legal Secretary
Evelyn Driggers, (205) 458-5305, edrigger@burr.com

About Kip

Kip has broad experience in general commercial and securities litigation, ranging from complex contractual disputes and business interference claims to defending individual and class-wide insurance and annuity fraud cases, lender liability cases, mass tort cases and shareholder derivative actions. Much of Kip’s recent work in the financial services industry includes the defense of customer claims on issues of suitability and selling away, defending trust institutions and trust officers in breach of trust actions and extensive representation of both financial advisors and broker-dealers with respect to non-compete and non-solicit agreements and injunctive relief actions.

Kip has successfully defended financial advisors and broker-dealers as first or second chair counsel in more than 10 FINRA/NASD final arbitration hearings, achieving multiple zero awards under federal and state securities laws. Additionally, he recently obtained a multi-million dollar verdict for a regional construction firm following a two-week arbitration in a dispute arising from a joint venture agreement. Kip has also successfully litigated jury trials in both state and federal courts, having recently obtained a favorable settlement for a local client following a two-week trial in a highly publicized case in Jefferson County.

Kip also serves on the firm’s Recruiting Committee.

Representative Experience

  • Multiple defense verdicts for broker and broker-dealer dismissing claims for fraud and unsuitability totaling more than $3 million (plus punitive damages and fees) by purchasers of variable annuities

  • Defense verdicts defeating preliminary injunction and ultimately dismissing $4 million action in Louisiana against broker-dealer and three brokers for misappropriation of trade secrets and breaches of non-solicitation agreements

  • Denial of class certification and grant of summary judgment for telecommunications provider on unjust enrichment and commercial deception claims in multiple states

  • Successful defense of a broker-dealer before state securities commission into alleged distribution of unregistered securities

Professional Honors

  • Alabama Super Lawyers “Rising Star”, General Litigation (2010, 2012)

Memberships

  • ABA Business Torts Litigation Committee, Technology Subcommittee, Co-chair
  • ABA Litigation Section, Member
  • Defense Research Institute (DRI), Member
  • Childcare Resources, Junior Board Member
  • Monday Morning Quarterback Club, Member
Kip Cross-Examined

What was your first job?

I was a little league baseball umpire.

What are your hobbies?

Golf, running, and watching sports

What advice would you give to a young student in law school?

Network. Your law school classmates will be the attorneys you work with, the attorneys you work against, and the clients you work for down the road.

How do you spend your weekend?

During the summer, playing golf or at the beach; during the fall, attending Alabama football games.

Education

J.D., magna cum laude, University of Alabama School of Law, 2003
B.A., cum laude, University of Alabama

Memberships &
Bar Associations

Alabama State Bar
American Bar Association
Birmingham Bar Association

Publications and Articles

“Recent Cases and Decisions in Securities Law,” New Developments in Securities Litigation, forthcoming Fall 2011 (co-authors Victor L. Hayslip and Benjamin B. Coulter)