A former journalist at two major metropolitan daily newspapers, Mr. Kimrey is a trial lawyer who has dedicated more than 15 years to working for and defending media entities. Mr. Kimrey’s practice, however, extends well beyond media defense, focusing on a broad range of direct and class action commercial litigation involving topics as diverse as intellectual property, entertainment, insurance, banking, civil rights, telecommunications and mass catastrophes and torts.
Recently named to Chicago Law Bulletin’s "40 Illinois Attorneys Under Forty to Watch" list and designated a 2009 Benchmark Litigation Future Star in Illinois, Mr. Kimrey is adept in the courtroom (including first-chair federal jury trial experience) and at the negotiating table. As lead counsel, Mr. Kimrey has defended media and Internet clients in direct and class action litigation in state and federal courts across the country. His media and Internet litigation has focused on defamation, invasion of privacy, the right of publicity, rights of access, unfair competition, copyrights, trademarks, trade secrets, the Telephone Consumer Protection Act, Communications Decency Act Section 230, CAN-SPAM Act, California Business & Professions Code § 17200, Illinois Computer Crime Prevention Law, Illinois Electronic Mail Act, spam, digital trespass and other related claims. He also provides prepublication and pre-broadcast review of content for media (including Internet) entities. In addition, he has drafted and negotiated Web development, licensing and other technology agreements.
In his other commercial litigation work, Mr. Kimrey recently served on a team featured in American Lawyer magazine for its success in representing Allstate with respect to homeowners’ policy claims arising out of Hurricane Katrina. Mr. Kimrey has served as lead counsel in a multimillion-dollar employment covenant arbitration and in several breach of contract and franchise actions. Mr. Kimrey also has participated in corporate internal investigations and proceedings brought by multiple state regulatory authorities against Fortune 500 companies. In addition, he has played a significant role in telecommunications, banking, insurance and other commercial litigation matters, and has substantial experience in handling digital discovery issues.
Also as part of his practice, Mr. Kimrey performs pro bono work on behalf of media entities and indigent criminal defendants.
Reported Decisions:
Jacobs, et al. v. Venali, Inc., et al., 596 F. Supp. 2d 906 (D. Md. 2009) (lead counsel)
Adler v. Vision Lab Telecommunications, Inc., 393 F. Supp. 2d 35 (D.D.C. 2005) (lead counsel)
Travel Marketing Assoc., Inc. v. Theatre Direct Int’l, 2002 WL 31527737 (D. Kan. Oct. 8, 2002) (lead associate)
National Inspection & Repairs, Inc. v. George May Int’l Co., 208 F.R.D. 323 (D.Kan. 2002) (lead associate)
National Inspection & Repairs, Inc. v. George May Int’l Co., 202 F. Supp. 2d 1238 (D.Kan. 2002) (lead associate)
Medicine Shoppe International v. Tambellini Pharmacy, 191 F. Supp. 2d 1065 (E.D. Mo. 2002) (lead counsel)
The Wichita Eagle v. Owens, 27 P.3d 881 (Kan. 2001) (lead associate)
Sky v. MRI, 125 F. Supp. 2d 286 (S.D. Ohio 2000) (lead associate)
Illinois, 2003 Kansas, 1999 Missouri, 1998 U.S. Court of Appeals for the Fourth Circuit, 2009 U.S. District Court for the Northern District of Illinois (Trial Bar), 2006 U.S. District Court for the Central District of Illinois, 2006 U.S. Court of Appeals for the Seventh Circuit, 2004 U.S. District Court for the Southern District of Illinois, 2004 U.S. District Court for the Northern District of Illinois, 2004 U.S. District Court for the Eastern District of Missouri, 2001 U.S. District Court for the Western District of Missouri, 1999 U.S. District Court for the District of Kansas, 1999
University of Texas School of Law,
1998 J.D.
Honors: with honorsUniversity of Kansas,
1992 B.S., JournalismEnrolled in DePaul IP LLM program (patent law course completed)
FCC Inquiry into the Mobile Wireless Marketplace, 2009
FTC Telemarketing Regulation Changes Effective Sept. 1, 2009, 2009
Chicago Daily Law Bulletin: Another firm from Missouri likes Chicago, 2009
Lathrop & Gage Adds Chicago Office, 2009
"40 Illinois Attorneys Under Forty to Watch," Chicago Law BulletinAward for Highest Achievement in Mass Communications, University of Texas School of LawAlbert P. Jones Presidential Scholarship for Excellence in Oral Advocacy, University of Texas School of LawFinalist, Vanderbilt First Amendment Moot Court CompetitionRegional winner and 11th best oralist at international rounds, Jessup Moot Court CompetitionSemifinalist and best brief, Pace Environmental Moot Court CompetitionOrder of Barristers, 1998Review of Litigation Chief Articles Editor, 1998Phi Beta Kappa and Kappa Tau Alpha, 1992
Chicago Bar Foundation Life Fellow Chair, ABA TIPS Media, Privacy and Defamation Law Committee Co-Chair, KCMBA Media Law Committee Member, Chicago Bar Foundation Nominating and Governance Committee, 2008 Missouri Bar Media Law Committee-Chair, 2000-2003
West Practice Categories:
Business & Commercial Law, Intellectual Property Law, Litigation & Appeals