Bob Kirby is Senior Counsel to the firm. He is a trial lawyer with more than 25 years’ experience. Prior to joining Pierce & Mandell, Bob was a partner in the Boston offices of Nixon Peabody and Hutchins, Wheeler & Dittmar. Bob has tried numerous cases to verdict in the state and federal courts. A perennial Massachusetts "Super Lawyer," Bob was named by Massachusetts Lawyers Weekly as one of the Massachusetts Lawyers of the Year for 2017. The following cases are representative of the matters that Bob handles:
- Ajemian v. Yahoo! Inc. Successfully argued before the Supreme Judicial Court that the federal Stored Communications Act does not prohibit Yahoo! from divulging the contents of a decedent’s email account to the personal representatives of decedent’s estate. 478 Mass. 169 (2017).
- Ajemian v. Yahoo! Inc. Represented administrators of estate in action seeking access to decedent’s email account maintained by Yahoo! Obtained favorable decision in the Massachusetts Appeals Court reversing the Probate Court’s dismissal of the action and declaring unenforceable certain provisions in Yahoo’s terms of service. 83 Mass. App. Ct. 565 (2013).
- James Healy v. Franklin Electric Co., Inc. Represented plaintiff in breach of contract action arising out of a stock purchase agreement. After four day trial in the United States District Court for the District of New Hampshire, plaintiff was awarded more than $10.3 million.
- Boston Beer Corporation v. Miller Brewing Co. Represented Boston Beer (the brewer of Sam Adams) in case arising out of Miller Brewing Co.’s purported termination of contract brewing agreement. After five-day arbitration before panel in New York City, obtained arbitration award compelling Miller Brewing to continue to specifically perform under brewing agreement for five-year period.
- United States v. McKenzie, et al. Represented one of eight former employees of TAP Pharmaceuticals indicted for alleged violations of federal anti-kickback act; jury returned verdict of not guilty in favor of all defendants, including our client, after three-month trial before Judge Woodlock in the United States District Court for the District of Massachusetts.
- Brann v. Coach USA. Bob Kirby and Bob Pierce represented plaintiff, who was severely injured in bus crash, in negligence action against bus company; case settled after seven days of trial (Middlesex Superior Court) for $3.7 million.
- Parekh v. United Parcel Service. Represented UPS in action alleging breach of real estate development agreement. Plaintiff sought more than $13 million in damages. After five-day trial (Middlesex County), jury returned a verdict in favor of UPS.
- Estate of Annette Morse. Represented beneficiaries of a family trust in suit (Middlesex Probate Court) alleging breach of fiduciary duty, incompetency of trust settlor and undue influence; case settled after six days of trial; settlement included award of legal fees to our clients.
- Garelick Farms v. H.P. Hood. Represented Garelick Farms in false advertising litigation against H.P. Hood in the United States District Court for the District of Massachusetts. After hearing, the Court (Tauro, J.) entered preliminary injunction enjoining Hood’s television advertisements.
- Galvin, et al. v. Trustees of Boston College. Defended Boston College in nuisance action brought by abutting land owners seeking to enjoin certain football game day parking. Superior Court denied plaintiffs’ request for preliminary injunction and, after trial, entered judgment in client’s favor on nuisance claim.
- Labrador Software v. Lycos, Inc. Defended Lycos in trademark infringement action in the United States District Court for the District of Massachusetts seeking to enjoin Lycos’ use of a Labrador retriever in its advertisements. The Court denied plaintiff’s requests for injunctive relief.
- Estate of L. Howe. Represented heirs-at-law in will contest alleging undue influence and duress. After extensive discovery, case settled short of trial. Estate valued at several million dollars, including an original Monet.
- Conducted internal investigations of publicly traded and privately held corporations on behalf of boards of directors or special committees.
- Represented numerous trustees of private and charitable trusts.
Bob is a member of the Massachusetts Bar Association.
