Wiley Rein LLP


Thomas W. Kirby
Practice Areas
  • First Amendment
Education
  • J.D., Georgetown University Law Center
  • B.A., Louisiana State University
Law Journals
  • Editor, Georgetown Law Journal
Clerkships
Law Clerk for the Honorable Myron Bright, U.S. Court of Appeals for the Eighth Circuit (1975-1976)
Bar & Court Admissions
  • District of Columbia Bar
  • Maryland Bar
  • Supreme Court of the United States
  • U.S. Courts of Appeals for the First, Second, Third, Fourth, Fifth, Seventh, Eighth, Ninth, Tenth, Eleventh and District of Columbia Circuits
  • U.S. District Courts for the Central District of Illinois, District of Columbia, District of Maryland, Eastern District of Arkansas and Western District of Arkansas

Thomas W. Kirby

PARTNER

202.719.7062  |  tkirby@wileyrein.com


Mr. Kirby is a senior litigation partner handling complex, policy-oriented trial and appellate matters nationwide.  Counsel in more than 70 published cases, he focuses on copyright and trademark, First Amendment, Commerce Clause and election law, as well as class actions and commercial disputes.  The notable verdicts he has secured for his clients include one of the largest statutory damages copyright verdicts in U.S. history, an award recognized in the “NLJ 100.”  In a successful First Amendment/Commerce Clause challenge to an Internet statute, a federal judge said of Mr. Kirby, “There have been few attorneys before the court as accomplished, trained, experienced, intelligent and skilled….He is quite unique in his ability to combine the theoretical and the clinical.”  PSINet v. Chapman (W.D.Va.)


REPRESENTATIVE EXPERIENCE

  • Appellate experience ranges from constitutional issues to bet-the-company class action and commercial matters in the U.S. Supreme Court and many federal and state appellate courts.
  • Jury trial experience ranges from winning one of the largest copyright verdicts in U.S. history to a "not guilty" verdict for a client wrongfully accused of murder.
  • Recent matters include:
    • Center for Individual Freedom v. Madigan (N.D. Ill. 2010) - Constitutional challenge to Illinois statutes discriminating against corporate and in favor of labor union speech.
    • Lisa McConnell, Inc. v. Idearc, Inc. (S.D. Cal. 2010) - Defense of copyright infringement suit demanding hundreds of millions of dollars from publishers of on-line and print yellow pages.
    • Warren Communications News, Inc. v. Warrantech Corp. (D.D.C. 2009) - Copyright infringement action on behalf of on-line publisher.
    • Center for Individual Freedom v. Ireland (S.D. W.Va 2009) - Preliminary injunction striking down limits on speech near elections.
    • Center for Individual Freedom v. Corbett (E.D. Pa 2009) - Judgment condemning attempt by Pennsylvania's Attorney General to suppress speech and awarding legal fees.
    • National Association of Manufacturers v. Taylor (D.C. Cir. 2009) - First Amendment challenge to lobbying disclosure statute.
    • AFP v. Google (D.D.C. 2008) - Defending right of Google News to use allegedly copyrighted news service headlines, leads and thumbnail news photos.
    • Lowry's Reports Inc. v. Legg Mason, 221 F.Supp.2d 737 (D. Md. 2003) - Won a $20 million jury award for copyright infringement; appeal dismissed.
    • Newsletter copyright infringement cases - Many six-figure and seven-figure confidential settlements of copyright infringement claims against corporate and other institutional infringement.
    • PSINet v. Chapman, 2004 U.S. App. LEXIS 5599 (4th Cir. 2004) - Successful use of First Amendment and Commerce Clause to overturn a Virginia statute restricting commercial Internet speech.
    • McConnell v. FEC, 540 U.S. 93 (2003) - Represented Senator McConnell and the U.S. Chamber of Commerce in a First Amendment challenge to the McCain-Feingold Act.
    • Center for Individual Freedom v. Carmouche (5th Cir.) - Judgment narrowing vague limits on speech.
    • Alcohol Advertising Class Actions - Secured dismissal of all claims against American manufacturers and distributors of alcoholic beverages in six class action lawsuits alleging that industry advertising is to blame for underage drinking.
    • Homier Dist. Co. v. New Bedford, 2002 WL 1586996 (D. Mass. 2002) - Commerce Clause challenge to a local ordinance discriminating in favor of local firms.
    • In re Sealed Case - Defending a foreign telecommunications company in a grand jury investigation of alleged criminal price fixing.
    • View a list of Mr. Kirby's reported cases.

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