Sarah Kimmer

Fiduciary Duty and Breach of Contract Litigation

• Litigation counsel in a contract dispute involving allegations of misconduct by the company’s former founder and owner. Obtained a favorable settlement for the client following mediation.

Breach of Fiduciary Duty Action

• Trial counsel for private equity sponsor in a $500 million aiding and abetting breach of fiduciary duty action in Delaware Chancery Court. Case is on appeal.

Former Owner Noncompete Dispute

• Strategic advisor to North Carolina-based trucking company in connection with potential breaches of restrictive covenants by the company’s former owners.

Litigation Counsel for Former CEO in Breach of Contract and Fiduciary Duty Action

• Litigation counsel to former CEO in connection with a federal civil suit, arising out of alleged insider trading and breach of contract claims.*

Litigation Counsel for Former Controller in Securities Fraud Action

• Litigation counsel to former controller in connection with securities fraud class action, arising out of alleged accounting fraud through motion practice, discovery, and settlement, as well as related investigations by the SEC and DOJ.*

SEC and DOJ Anti-Corruption Investigation

• Trial counsel to a former international consultant in connection with high-profile investigations by the SEC and DOJ into alleged securities fraud, revenue recognition and corruption issues.*

Breach of Contract Action

• Trial Counsel for an international steel manufacturer in a contract dispute arising from a steel mill joint venture. The matter was resolved on favorable terms following a ten-day arbitration.

Breach of Contract and Tortious Interference Actions

• Litigation counsel for a contract manufacturer of personal care products in breach of contract and business interference disputes.

Nationwide Asbestos Litigation

• Litigation counsel for a Montana-based talc mine in nationwide asbestos litigation in state and federal courts. Settled several cases favorably prior to the company’s Chapter 11 filing.

Nationwide Opioid Litigation

• Represented pharmaceutical company in nationwide opioid litigation. Successfully argued various motions in state and federal court prior to the company’s Chapter 11 filing.*

Risk Mitigation Advice

• Strategic advisor to a Montana-based mining company offering ongoing counsel on risk management and dispute resolution.

Multinational Loan Recovery Litigation

• Litigation counsel and strategic advisor to GLAS Trust Company in ongoing multijurisdictional efforts to recover over $1.2 billion in defaulted loans from the BYJU’s enterprise.

Rite Aid Restructuring-Related Disputes

• Litigation counsel for Rite Aid in connection with disputes arising from its restructuring proceedings, including successfully moving to dismiss certain adversary complaints and securing a confirmation of the Chapter 11 plan.

Voyager Restructuring-Related Disputes

• Litigation counsel for Voyager in restructuring-related litigation, successfully arguing against unsupported creditor claims and preserving estate value.

Pro Bono Section 1983 Action Against Cook County Department

• Lead counsel in a pro bono civil rights action against the Cook County Department of Corrections and Sheriff Tom Dart, challenging COVID-19 housing conditions at the jail. Successfully defeated motions to dismiss and achieved a favorable settlement ahead of trial.

Pro Bono Illinois Charitable Property Tax Exemption Appeal

• Lead counsel in a pro bono tax appeal concerning a charitable property tax exemption under Illinois law. Successfully defeated the Department of Revenue’s motion to dismiss. The merits appeal remains on going.

*Prior to joining Kirkland

Represented indigent defendants in federal criminal proceedings.

Represented appellee small business owner in the Illinois State Appellate Court resulting in a unanimous affirmation of the trial court’s entry of judgement in favor of the appellee.