Overview

Brian Sieve is a trial lawyer. Praised for his ability to communicate with a jury and to present complex issues clearly and simply, he has tried more than thirty jury trials, bench trials, arbitrations, injunction proceedings, Markman hearings and evidentiary hearings. Brian was distinguished as one of The Best Lawyers in America, U.S. News and World Report, Best Lawyers® for 2013–2019 in the field of commercial litigation, and was named a "Leading Lawyer" in Illinois in 2004 for commercial litigation. He was named an "Illinois Super Lawyer" in intellectual property in 2005.

Brian has extensive experience representing financial services companies, hedge funds and private equity companies. He has experience handling class actions, securities cases, and a variety of contractual disputes. He has tried trade secret and non-compete cases, patent cases, trademark disputes, product liability matters, NASD/NYSE arbitrations, and general commercial matters. He has tried cases in state and federal courts across the country, including California, Illinois, Indiana, Michigan, Florida, New Jersey and New York. Among his notable trial results was a complete defense verdict for Osram Sylvania in a patent infringement matter that resulted in an award of more than $6.1 million in fees and costs to his client. Clients have praised Brian for bringing “intelligence, direction and energy to a previously chaotic situation while coordinating the efforts of many different parties.”

Brian also devotes considerable time to teaching younger trial lawyers. He was the partner in charge of Kirkland's trial advocacy program (the Kirkland Institute for Trial Advocacy) for ten years, and he has taught trial advocacy at the University of Chicago Law School. He represents pro bono clients as a Panel Attorney for the Federal Defender Program in Chicago.

Practice Areas

Commercial Disputes: Handled numerous commercial disputes, including class actions, for such diverse clients as Honeywell, Motorola, United Air Lines, Inc., Anheuser‑Busch, Inc., First Tennessee Bank National Association, Federal Express Corporation, CNH America LLC and Amoco Oil Company.

Non‑competition Law: Represented clients in more than 25 matters seeking to enforce and defend against non-compete agreements. Clients include Citadel Investment Group, Pershing Square Capital Management, Motorola, Inc., Alberto-Culver, Boston Scientific, Sycamore Networks, Inc., Student Transportation of America, Midas, Inc., and Archstone Consulting.

Intellectual Property: Extensive experience in all aspects of intellectual property, including pharmaceutical. Representative matters include:

  • Licensing Disputes: Represented pharmaceutical company in arbitrations involving patent licensing disputes.
  • Patent Infringement: Lead trial counsel for numerous clients, including Honeywell, Tellabs, Osram Sylvania, First Tennessee Bank, Ipsos S.A., Motorola, Loren Cook Company, Razor USA, Cooper Industries and Everbright, Inc.
  • Copyright Infringement: Lead trial counsel for Quest Software, Inc. in copyright action in federal court in Chicago.
  • Trademark Infringement: Clients include Motorola (preliminary injunction action in federal court in Virginia) and Razor USA (various actions throughout country).
  • Trade Secret: Represented numerous clients in trade secret actions, including Citadel Investment Group, Motorola, Quest Software, Alberto Culver, Innotek, Clearwater Analytics, and Student Transportation of America.

Securities Litigation: Lead counsel for First Tennessee Bank National Association in three suits arising from the sale of more than $1 billion of mortgage-backed securities. Co-lead counsel for Ally Securities in several additional matters. Lead counsel for former COO of Harbinger Capital in SEC enforcement proceeding. Represented clients in various securities suits involving claims under the 1933 and 1934 Acts, as well as state securities laws.

Product Liability: Represented General Motors, Nissan, Hitachi and other clients in actions in state and federal courts throughout the United States.

NASD/NYSE Arbitration: Successfully represented Morgan Stanley and one of its top financial advisors in arbitration proceeding in Chicago.

More

Thought Leadership

Teaching Experience

From 2009 to present, partner in charge of Kirkland's trial advocacy training programs (KITA)

From 2000 to approximately 2004, taught a class at University of Chicago Law School entitled "Advanced Trial Advocacy."

From 1988–1999, participated as a judge in a trial advocacy class taught by Hon. James Holderman at the University of Chicago Law School.

Recognition

Named in The Best Lawyers in America for Commercial Litigation, U.S. News and World Report, Best Lawyers®, 2013–2018.

Recognized in National Law Journal “Appellate Hot List” (April 7, 2008) for appellate victory in Nilssen v. Osram.

Named an "Illinois Super Lawyer" in intellectual property law for 2005 by Chicago magazine.

Named an Illinois "Leading Lawyer" in 2004 (awarded to fewer than five percent of Illinois attorneys).

Martindale-Hubbell AV rating (highest possible rating).

Memberships & Affiliations

Community and Social Activities

University of Chicago Law School Council

Board of Directors, Little Friends, Inc.

Member of Development Board of Ss. Peter & Paul School in Naperville, Illinois

Past Member of Board of Governors and Chairman of Membership Committee, Plaza Club, Chicago, Illinois

Member of Board of Directors of Naperville Country Club, Naperville, Illinois

Credentials

Admissions & Qualifications

  • 1988Illinois

Courts

  • Supreme Court of the United States
  • United States Court of Appeals for the Federal Circuit
  • United States Court of Appeals for the Third Circuit
  • United States Court of Appeals for the Fourth Circuit
  • United States Court of Appeals for the Sixth Circuit
  • United States Court of Appeals for the Seventh Circuit
  • United States Court of Appeals for the Tenth Circuit
  • United States District Court for the Northern District of Illinois
  • United States District Court for the Central District of Illinois
  • United States District Court for the Eastern District of Wisconsin
  • United States District Court for the Eastern District of Michigan
  • United States District Court for the Northern District of Illinois, Trial Bar

Education

  • University of Chicago Law SchoolJ.D.

    cum laude

    1988

    Order of the Coif

    University of Chicago Law Review

    John M. Olin Fellow in Law and Economics

  • Wittenberg UniversityB.A.

    summa cum laude

    1985

    Rhodes and Truman Scholar Nominee

    Jeffrey Y. Mao Alumni Award in Political Science

    Presidential Scholar