Kirby McInerney LLP (“KM”) (www.kmllp.com), founded over 65 years ago, represents institutional investors, governmental entities, and individuals in securities, antitrust, and corporate governance litigation. The firm traces its lineage to the dawn of U.S. securities law – the firm’s founder was in the first generation of securities lawyers and rendered service to the Securities and Exchange Commission in its earliest years. Our attorneys benefit from wisdom that has been accumulated and passed down throughout the entire history of securities class action law, and over this time we have recovered billions of dollars for our clients.
Today, KM has leveraged its early and ongoing success in the securities arena to build numerous other robust practices, including antitrust and commodities. KM leads some of the largest and most significant securities, commodities and antitrust actions.
David E. Kovel is a Managing Partner at Kirby McInerney LLP, a New-York based specialist plaintiffs’ litigation firm with expertise in securities, antitrust, commodities, structured finance, whistleblower, health care, consumer, and other fraud litigation. Mr. Kovel has been recognized as an expert on antitrust and commodities litigation and is a frequent commentator on these matters. He has achieved and is pursuing landmark results in the commodities and whistleblower fields, and has an active appellate practice, having argued significant commodities, antitrust and whistleblower matters before various appeals courts.
Mr. Kovel is a member of the New York City Bar Association Committee on Futures and Derivatives Regulation, and is a former member of the New York City Bar Association Antitrust Committee.
Mr. Kovel traded commodities for several years before attending business and law school. Prior to joining KM, Mr. Kovel practiced at Simpson Thacher & Bartlett LLP. He is fluent in Spanish and at one time played professional soccer in Nicaragua.
Daniel Hume is a Managing Partner at Kirby McInerney LLP, a New-York based specialist plaintiffs’ litigation firm with expertise in securities, antitrust, commodities, structured finance, whistleblower, health care, consumer, and other fraud litigation. Mr. Hume's practice focuses on securities, structured finance, and antitrust litigation. He joined the firm in 1995 and has helped to recover billions of dollars for corporate consumers, individual consumers, and institutional investors throughout the course of his career.
U.S. securities laws offer recourse for investors who have sustained losses due to fraud in companies in which they invest. KM has been at the forefront of securities litigation since the firm’s inception and has recovered billions for defrauded investors. KM represents institutional and individual investors in class and direct securities litigations. KM has also successfully represented pension funds and financial institutions in direct actions relating to financial products that were improperly structured.
Antitrust and Commodities Litigation
KM has been involved in some of the most cutting-edge areas of market manipulation cases. Of late, KM represented market makers and hedge funds in commodities manipulation cases involving energy, fixed income, and metals futures products. KM also frequently represents companies and individuals in connection with market manipulation and price fixing antitrust cases asserting claims arising under the Sherman Act and related state law.
International Litigation Experience
The U.S. has long provided the best venue for defrauded U.S.-based investors to bring claims against public companies, but following the Supreme Court’s ruling in Morrison v. National Australia Bank, Ltd., investors who acquired their securities outside the U.S. found themselves denied the protections of the federal securities fraud laws. Following Morrison, KM has worked to identify channels through which the Firm’s clients who have acquired their securities outside the U.S. can still have access to U.S. courts.
KM increasingly advises its institutional clients on litigation opportunities overseas. In recent years, securities and antitrust litigation have become more common place in foreign jurisdictions including Canada, Germany, Japan, the Netherlands and the United Kingdom.