Burr & Forman

Kip A. Nesmith

Kip A. Nesmith Headshot
  • J.D., magna cum laude, University of Alabama School of Law (2003)
  • B.A., cum laude, University of Alabama
  • American Bar Association, Business Torts Litigation Committee, Technology Subcommittee, Co-Chair; Litigation Section, Member
  • Alabama Bar Association
  • Birmingham Bar Association
  • Defense Research Institute
  • Best Lawyers in America, Commercial Litigation (2016-2020)
  • America's Top 100 High Stakes Litigators (2018-2019)
  • Benchmark Litigation, "40 & Under Hot List" (2016, 2018)
  • Mid-South Super Lawyers "Rising Star," General Litigation (2016-2018)
  • Alabama Super Lawyers "Rising Star," General Litigation (2010, 2012-2016)
  • Top Attorneys, "Outstanding Young Lawyers in the Mid-South" (2019)
  • Childcare Resources, Junior Board Member
  • Monday Morning Quarterback Club, Member and Fundraising Captain
  • Dawson Baptist Church, Sunday School Leader for High School Seniors
  • Mountain Brook Athletics, Volunteer Youth Coach
  • Denial of class certification and grant of summary judgment for telecommunications provider on unjust enrichment and commercial deception claims in multiple states.

  • 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.

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

  • 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

  • Defense verdict for national bank in federal jury trial on claims alleging fraud, tortious interference and breach of contract.

  • Multiple verdicts in favor of broker-dealers in arbitrations involving departing brokers and/or claims of wrongful termination.

Partner | Birmingham, AL

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Services

Broker-Dealer Disputes Commercial / Corporate Litigation Financial Institution Disputes Trusts, Estates & Fiduciary Litigation Securities Litigation Non-Compete & Trade Secrets

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, annuity and securities 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 fraud, suitability and selling away, defending trust institutions, and trust officers in breach of trust actions and extensive representation of employees, officers, financial advisors and broker-dealers with respect to non-compete and non-solicit agreements and injunctive relief actions.

Kip has successfully defended banks, bank officers, financial advisors, and broker-dealers in numerous jury trials and/or 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 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 as a FINRA arbitrator.

Publications and Articles

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

“A New Prosecutorial Frontier – SEC Seeks Bans on Municipal Officials,” Bond Case Briefs, Municipal Finance Law Since 1971 (December 2014)

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