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PRACTICE GROUPS:
EDUCATION:
  • University of California, Berkeley, B.A, 2003
  • Northwestern University, J.D., 2007
Nisen & Elliott, LLC

200 West Adams Street | Suite 2500
Chicago, IL 60606
Phone: (312) 346-7800

Brittany E. Kirk

E-MAIL:
PHONE: 312-346-7800
FAX: 312-346-9316
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Brittany Kirk is Of Counsel to the firm and assists the Litigation Group.

Ms. Kirk handles an array of commercial matters, ranging from simple contract disputes to complex business litigation, in state and federal court. Ms. Kirk has significant experience defending financial services companies from claims brought under the Fair Debt Collection Practices Act, Truth in Lending Act, Fair Credit Reporting Act, Real Estate Settlement Procedures Act, and Telephone Consumer Protection Act, as well as state consumer protection statutes such as Illinois’ Consumer Fraud and Deceptive Business Practices Act. Ms. Kirk strives to immediately identify the relevant facts and honestly assess liability enabling her clients to make informed decisions about litigation strategy and settlement without unnecessary expenditures.

Ms. Kirk also has considerable knowledge of close corporation disputes and the enforceability of restrictive covenants under Illinois law. She has successfully defended attempts to enforce non-solicitation and non-competition provisions and counseled clients on changes in Illinois law concerning restrictive covenants. Ms. Kirk has litigated numerous matters addressing corporate governance and valuation in the close corporation context and recognizes the difficulty of these matters for clients who made significant sacrifices to build their business.

Ms. Kirk’s experience also includes defending companies facing personal injury and Federal Employers Liability Act claims, and representing clients in bankruptcy proceedings, both to assert claims, and defend adversary proceedings alleging fraudulent transfers, preferential transfers, and violations of the automatic stay or discharge injunction.

Ms. Kirk graduated from Northwestern University School of Law in 2007 and received her undergraduate degree from the University of California, Berkeley in 2003. After working at Nisen & Elliott for the first five years of her legal career, Ms. Kirk was employed by two national law firms before returning to work with the excellent lawyers who helped start her career. Ms. Kirk serves on the Board of Directors of the Evanston Animal Shelter Association and enjoys volunteering at the shelter in her spare time.

Admissions:

Illinois
U.S. District Court for the Northern District of Illinois
U.S. District Court for the Southern District of Illinois
U.S. District Court for the Eastern District of Michigan
U.S. District Court for the District of Colorado
U.S. District Court for the Eastern District of Wisconsin
U.S. Bankruptcy Court for the Northern District of Illinois
U.S. Bankruptcy Court for the Southern District of Illinois

Classes/Seminars Taught:

Beyond the Basics: Best Practices for Restrictive Covenants, August 18, 2016
Complimentary Webinar: Effective Use of Offers of Judgment, May 18, 2017

Representative Matters:

John Komperda, Administrator of the Estate of Klara Komperda v. Bridgeview Bank Company,
Cook County Circuit Court; Case No. 2005-L-001346

Defended claim that bank’s predecessor in interest violated the Illinois Consumer Fraud and Deceptive Business Practices Act because its apparent agent sold a customer annuity contracts that were allegedly unsuitable based on the customer’s age and financial circumstances. Following Plaintiff’s case in chief, the matter was satisfactorily resolved by agreement after Defendant presented its first trial witness.

Serampore Industries Private (Ltd) Inc v. Cape Fear Industries USA, Inc.,
U.S. District Court for the Southern District of Texas; Case No. 4:15 cv 989

Defended breach of contract and fraud claims based on allegation that materials sold to Plaintiff violated an implied warranty causing substantial damage when the materials were used in a municipal construction project. Defendant successfully moved for dismissal of the fraud claim then settled the remaining contract claim at mediation.

Shelia Curran and Eric Curran v. PNC Bank National Association,
U.S. District Court for the Southern District of Indiana; Case No. 17 cv 243

Defended claim that hundreds of phone calls over four years violated the Telephone Consumer Protection Act when customer provided phone number for individual not obligated on the account. Following Defendant’s Rule 30(b)(6) deposition and Plaintiffs’ depositions, the matter was resolved with the assistance of the Judge at a pre-trial conference.

Chicago Meat Authority v. Koziol et al.,
Cook County Circuit Court; Case No. 2014 CH 14372

Successfully defended Plaintiff’s Motion for a Temporary Restraining Order and Preliminary Injunction and later obtained order granting motion for summary determination of a major issue which declared the postemployment restrictive covenants were unenforceable for lack of adequate consideration.

Ross Klein, et al. v. Fifth Third Bank, et al.,
U.S. District Court for the Northern District of Texas; Case No. 3:15 cv 02885

Successfully defended removal of petition filed in Texas state court based on diversity jurisdiction because Plaintiff failed to both join and serve the resident defendant prior to removal. The client was able to settle shortly after the District Court refused to remand the matter.