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Blaine
Kimrey
Experience
A former journalist at two major metropolitan daily newspapers, Mr. Kimrey is a trial lawyer who has dedicated more than 15 years to working for and defending media entities. Mr. Kimrey’s practice, however, extends well beyond media defense, focusing on a broad range of direct and class action commercial litigation involving topics as diverse as intellectual property, entertainment, insurance, banking, civil rights, telecommunications and mass catastrophes and torts. Recently named to Chicago Law Bulletin’s " 40 Illinois Attorneys Under Forty to Watch" list and designated a 2009 Benchmark Litigation Future Star in Illinois, Mr. Kimrey is adept in the courtroom (including first-chair federal jury trial experience) and at the negotiating table. As lead counsel, Mr. Kimrey has defended media and Internet clients in direct and class action litigation in state and federal courts across the country. His media and Internet litigation has focused on defamation, invasion of privacy, the right of publicity, rights of access, unfair competition, copyrights, trademarks, trade secrets, the Telephone Consumer Protection Act, Communications Decency Act Section 230, CAN-SPAM Act, California Business & Professions Code § 17200, Illinois Computer Crime Prevention Law, Illinois Electronic Mail Act, spam, digital trespass and other related claims. He also provides prepublication and pre-broadcast review of content for media (including internet) entities. In addition, he has drafted and negotiated Web development, licensing and other technology agreements. In his other commercial litigation work, Mr. Kimrey recently served on a team featured in American Lawyer magazine for its success in representing Allstate with respect to homeowners’ policy claims arising out of Hurricane Katrina. Mr. Kimrey has served as lead counsel in a multimillion-dollar employment covenant arbitration and in several breach of contract and franchise actions. Mr. Kimrey also has participated in corporate internal investigations and proceedings brought by multiple state regulatory authorities against Fortune 500 companies. In addition, he has played a significant role in telecommunications, banking, insurance and other commercial litigation matters, and has substantial experience in handling digital discovery issues. Also as part of his practice, Mr. Kimrey performs pro bono work on behalf of media entities and indigent criminal defendants.
Reported Decisions:
- Jacobs, et al. v. Venali, Inc., et al., 596 F. Supp. 2d 906 (D. Md. 2009) (lead counsel)
- Adler v. Vision Lab Telecommunications, Inc., 393 F. Supp. 2d 35 (D.D.C. 2005) (lead counsel)
- Travel Marketing Assoc., Inc. v. Theatre Direct Int’l, 2002 WL 31527737 (D. Kan. Oct. 8, 2002) (lead associate)
- National Inspection & Repairs, Inc. v. George May Int’l Co., 208 F.R.D. 323 (D.Kan. 2002) (lead associate)
- National Inspection & Repairs, Inc. v. George May Int’l Co., 202 F. Supp. 2d 1238 (D.Kan. 2002) (lead associate)
- Medicine Shoppe International v. Tambellini Pharmacy, 191 F. Supp. 2d 1065 (E.D. Mo. 2002) (lead counsel)
- The Wichita Eagle v. Owens, 27 P.3d 881 (Kan. 2001) (lead associate)
- Sky v. MRI, 125 F. Supp. 2d 286 (S.D. Ohio 2000) (lead associate)
- Versailles Enter. v. Schlotzsky's Inc., Bus. Franchise Guide (CCH) 11,788 (E.D. Mo. 2000) (lead counsel)
- Bosley v. HBO, 59 F. Supp. 2d 1147 (D. Kan. 1999) (lead associate)
- Simon v. The Kansas City Star, 29 Media L. Rptr. 1240 (Ariz. Super. Ct. 1999) (lead associate)
Prior Legal Experience:
- 2006-2009 - Partner, Sonnenschein Nath & Rosenthal LLP, Chicago, Illinois
- 2003-2006 - Associate, Winston & Strawn LLP, Chicago, Illinois
- 1998-2003 - Associate, Lathrop & Gage LLP, Kansas City, Missouri
Education
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University of Texas School of Law, J.D., with honors, 1998
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University of Kansas, B.S., Journalism, 1992
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Enrolled in DePaul IP LLM program (patent law course completed)
Admissions
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Illinois, 2003
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Kansas, 1999
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Missouri, 1998
Court Memberships
- U.S. Court of Appeals for the Fourth Circuit, 2009
- U.S. District Court for the Northern District of Illinois (Trial Bar), 2006
- U.S. District Court for the Central District of Illinois, 2006
- U.S. Court of Appeals for the Seventh Circuit, 2004
- U.S. District Court for the Southern District of Illinois, 2004
- U.S. District Court for the Northern District of Illinois, 2004
- U.S. District Court for the Eastern District of Missouri, 2001
- U.S. District Court for the Western District of Missouri, 1999
- U.S. Court of Appeals for the Eighth Circuit, 1999
- U.S. District Court for the District of Kansas, 1999
Honors
- "40 Illinois Attorneys Under Forty to Watch," Chicago Law Bulletin
- Award for Highest Achievement in Mass Communications, University of Texas School of Law
- Albert P. Jones Presidential Scholarship for Excellence in Oral Advocacy, University of Texas School of Law
- Finalist, Vanderbilt First Amendment Moot Court Competition
- Regional winner and 11th best oralist at international rounds, Jessup Moot Court Competition
- Semifinalist and best brief, Pace Environmental Moot Court Competition
- Order of Barristers, 1998
- Review of Litigation Chief Articles Editor, 1998
- Phi Beta Kappa and Kappa Tau Alpha, 1992
Professional Affiliations
- Chicago Bar Foundation Life Fellow
- Chair, ABA TIPS Media, Privacy and Defamation Law Committee
- Co-Chair, KCMBA Media Law Committee
- Member, Chicago Bar Foundation Nominating and Governance Committee, 2008
- Missouri Bar Media Law Committee-Chair, 2000-2003
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Publications |
In addition to being a former journalist at The Arkansas Democrat-Gazette and The Austin American-Statesmen, Mr. Kimrey has been the author or editor of numerous media-related legal publications, including:
- Editor, ABA TIPS Media, Privacy and Defamation Law Committee newsletter, 2007-08
- Author, Illinois Right of Publicity Statute Supplants Common Law Claims, ABA Media, Privacy & Defamation Law Newsletter, Winter 2007 (with Meghan Norton)
- Author, Right of Publicity Statute Supplants Common Law Claims: Continuing Injury and Discovery Rule Addressed, MLRC Media Law Letter, December 2006 (with Meghan Norton)
- Author, Getting Lawyered Can Help Prevent Disputes About Intellectual Property, The Kansas City Business Journal, February 2002
- Author, Beware the Digital Do’s and Don’ts, The Kansas City Business Journal, April 27, 2001
- Author, Napster Weaves Twisted Copyright Tale, The Kansas City Business Journal, March 19, 2001; reprinted as What a Twisted Web We Weave When We Inadvertently Deceive, The St. Louis Business Journal, April 20, 2001
- Author, Amateur Guitar Player’s Lament II: A Critique of A&M Records et al. v. Napster and a Clarion Call for Copyright Harmony In Cyberspace, The Review of Litigation, Spring 2001
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In The News |
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07/20/2009
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Chicago Daily Law Bulletin: Another firm from Missouri likes Chicago
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Press Releases |
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02/12/2010
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Lathrop & Gage Furthers Active Involvement, Leadership in Chicago Bar Foundation
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01/06/2010
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Lathrop & Gage Continues Leadership in ABA TIPS Media, Privacy and Defamation Law Committee
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01/06/2010
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Lathrop & Gage Sponsors Foundation 65 Efforts for Evanston Schools
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12/09/2009
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Lathrop & Gage Obtains Success in Precedential Class Action on Behalf of Marketing Entity
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07/17/2009
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Lathrop & Gage Adds Chicago Office
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Legal Alerts |
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01/22/2010
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HELOC Class Actions on the Rise
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12/15/2009
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FCC Petition Urges Text Broadcaster Exemption
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11/05/2009
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Agreement Reached on Federal Shield Law
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09/17/2009
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FCC Inquiry into the Mobile Wireless Marketplace
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09/14/2009
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FTC Telemarketing Regulation Changes Effective Sept. 1, 2009
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Presentations
Mr. Kimrey’s recent speaking engagements include:
- Panel moderator and organizer, Global Warming in the Mobile Ecosystem, panel on how to defend recent wave of mobile-phone related class action litigation, Media and the Law Seminar in Kansas City, April 16, 2009
- Panelist, Lights, Camera, Lawsuit – Season 6, National Association of Television Production Executives Conference and Exhibition, Las Vegas, Nevada, January 29, 2008
- Moderator, Freedom of Speech Part I, ABA Presidential Showcase, ABA Annual Convention, San Francisco, August 2007
- Moderator and organizer of five mini-panels related to media insurance, KUCE Media and the Law Seminar, Kansas City, May 2007
- Blogging and Gripe Sites: Balancing the Law and Public Relations, Hot Issues in Technology, the Internet, and e-Commerce 2006 Conferences, Palo Alto and San Francisco, March 2006
- Avoiding Legal Landmines for Communicators, 50th Annual International Labor Communications Association Conference, Chicago, Summer 2005
- Media Law 101, Independent Press Association, New York, Winter 2003
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