Richard A. Kirby

E: richard.kirby@fisherbroyles.com

T: (202) 236-2854

F: (866) 788-9942

Washington, D.C. Office

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Practice Areas:

  • Bankruptcy & Restructuring
  • FinTech and Blockchain
  • First Amendment
  • Litigation — Appellate
  • Litigation — Civil Pretrial and Trial Services
  • Litigation & Risk Mgmt
  • Mediation
  • Political Law & Litigation
  • Securities & Private Equity
  • Securities Litigation
  • White Collar Litigation and Investigations

Bar Admissions:

  • Maryland
  • District of Columbia

Education:

  • Catholic University Columbus School of Law, JD, 1974
  • Lehigh Unversity, BS Chem. Engr., 1971

Government Experience:

  • US Securities and Exchange Commission

Large Law Firm Experience:

  • Baker & McKenzie
  • K&L Gates

Mr. Kirby is a partner in the Securities Litigation, Public Policy Litigation and FinTech/Blockchain Practice Groups in the FisherBroyles, Washington, DC office. He litigates complex corporate, securities, bankruptcy and administrative law issues at all levels of the federal court system, including the Supreme Court. He also represents clients before the Securities and Exchange Commission, Justice Department, state and self-regulatory organizations in enforcement investigations and in parallel private securities fraud and derivative actions.

Prior to joining FisherBroyles, Mr. Kirby was a partner at several law firms, most recently at Baker & McKenzie and K&L Gates. He has represented clients in most of the major recent broker-dealer liquidations under the Securities Investor Protection Act, including Lehman Bros. and Bernard L. Madoff Investments Securities. He specializes in representing victims of Ponzi schemes, and oversaw the recovery of substantial amounts for victims, including in the Bayou Group fraud. In the Madoff liquidation proceedings, he represents victims defending clawback claims by the liquidation trustee. He also represents clients in defending SEC fraud and market manipulation investigations, insider trading and violations of SEC securities offerings rules.

Mr. Kirby previously served in the Office of the General Counsel of the Securities and Exchange Commission in Washington, DC where he briefed and argued more than 50 major securities law cases in the federal courts of appeals. At the SEC he concentrated on issues involving SEC enforcement efforts to obtain ancillary equitable relief through receiverships and disgorgement. In addition, he oversaw all SEC participation in Chapter 11 bankruptcy cases.

In addition to his SEC litigation practice, Richard counsels companies on managing risk in connection with transactions in cryptocurrencies, including ICOs.

Representative Transactions

  • Represented broker-dealer in connection with SEC fraud and manipulation investigation
  • Represented broker-dealer on market manipulation trading investigation
  • Represented broker-dealer in connection with anti-money laundering law investigation
  • Represented public company official in connection with SEC Reg FD violation
  • Represented investors in connection with SEC insider trading investigations
  • Represented company officials in connection with SEC investigative testimony
  • Represented company officials in connection with SEC administrative proceeding testimony
  • Represented private funds in connection with SEC regulatory inquiries
  • Represented public companies in connection with SEC investigations of stock offerings
  • Represented company in connection with DOJ False Claims Act investigation and related Qui Tam case
  • Represented creditor-victims of Ponzi scheme in connection with fraud workout in Bayou Group dissolution
  • Represented victims in defending clawback claims by liquidation trustee in Madoff SIPC liquidation proceedings
  • Represented banks and investment companies in connection with Lehman Brothers SIPC liquidation
  • Represented investment companies in connection with MF Global SIPC liquidation
  • Represented broker-dealer in MJK Clearing SIPC liquidation
  • Outside special counsel to SEC in broker-dealer liquidation and disgorgement fund administrator

Presentation and Teaching Experience

  • “Collision at the Courthouse,” Joint CLE Program FBA Chapters SDNY and EDNY, Intersection of bankruptcy laws and securities laws (2017)
  • “Examining the Bankruptcy Trustee’s Controversial Clawback Tool,” Webinar Securities Docket (2009)
  • Professorial lecturer, George Washington Univ. Law School, business planning and legal writing

Amicus Briefs

  • Bostic v Dunbar, No. 17-912 (S Ct 2018), Brief for the Campaign for Fair Sentencing of Youth, as amicus curiae in support of Petitioner
  • In re Bernard L Madoff Investment Securities, No. 17-2992-bk(L), (2d Cir 2018), Brief for amici curiae Good Faith Defendants in support of Appellants and Affirmance

Publications

  • “Raising the Stakes: The SEC and DOJ Bring Parallel Actions Against ICO Promoters”, BakerMcKenzie insight (2018)
  • “Kokesh v. SEC: The End of a Disgorgement Era?”, Journal of Investment Compliance, Vol. 18 Issue: 4, pp.13-15 (2017)
  • “Second Circuit Overrules Newman’s “Meaningfully Close Personal Relationship” Test for Insider Trading,” BakerMcKenzie insight (2017)
  • “Supreme Court Limits SEC’s Ability to Obtain Disgorgement,” BakerMcKenzie insights (2017)
  • “US Supreme Court to Review SEC’s Ability to Obtain Disgorgement for Conduct Beyond Five Years,” Baker McKenzie insight (2017)
  • “US Supreme Court Issues New Decision on Insider Trading,” BakerMcKenzie insight (2016)
  • “SEC Files Lawsuit Against American Multinational Corporation and its General Counsel for Failure to Disclose Loss Contingency Related to Pending DOJ Investigation,” BakerMcKenzie insight (2016)
  • “Supreme Court’s Denial of Cert Preserves Safe Harbor for Madoff Victims,” K&L Gates, Stay Informed (2015)
  • “The Madoff Dissolution: A Consideration of the Bayou Precedent and Possible Next Steps,” K&L Gates, Securities Enforcement and White Collar Crime Alert (2008)