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
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)