The following is an excerpt from Practice Perspectives: Vault's Guide to Legal Practice Areas.
Jacob Kirkham is an experienced trial litigator who focuses his practice on complex corporate and commercial disputes, deal litigation, busted mergers, expedited litigation, and other corporate and commercial litigation in the Delaware Court of Chancery and the Delaware Supreme Court. He also has deep experience litigating statutory actions under the Delaware General Corporation Law, the LLC Act, and the Partnership Act including appraisal, advancement and indemnification, books and records demands, and director election contests.
Jacob has extensive expertise in advising both international and domestic boards, special committees and independent board members in investigations and litigation under Delaware law. He also has substantial experience representing private equity funds and investors in both defensive and offensive actions, with a strong track record in Delaware’s federal and state courts.
Before joining Kobre & Kim, Jacob practiced at Potter Anderson & Corroon LLP, where he focused on complex corporate litigation, including statutory actions, M&A litigation, and internal investigations.
Describe your practice area and what it entails.
My practice focuses on high-stakes corporate and commercial litigation primarily in the Delaware Court of Chancery and the Delaware Supreme Court. I have experience in shareholder disputes, busted mergers, and expedited litigation, as well as in advising both international and domestic boards, special committees, and independent board members in investigations and litigation in Delaware’s federal and state courts. Kobre & Kim is often called upon to be lead counsel in high-stakes trials and to litigate other commercial disputes that require global strategies and cross-border execution where Delaware law plays a key role.
What types of clients do you represent?
I am fortunate to represent a wide variety of clients all over the world, from Fortune 100 corporations to individual founders, directors, and officers. I represent companies, boards, directors, and special committees, as well as large-scale stakeholders such as private equity funds and high-net-worth individuals. At Kobre & Kim, lawyers at every stage of their careers have the privilege of working with a diverse and sophisticated clientele.
What types of cases/deals do you work on?
The diversity of the clients I represent is reflected in the variety in my practice. Beyond my work related to challenges to M&A and other transactions under Delaware law, I often work on breaches of fiduciary duty and other statutory claims under the Delaware General Corporate Code and alternative entity acts, such as contested elections, books and records, and advancement. In a recent case, I represented a South Korean cosmetics company on its joint venture partnership in the United States, which was litigated simultaneously in New York State Court and the Delaware Court of Chancery. Our team obtained multiple favorable opinions from the Delaware Court of Chancery concerning the judicial dissolution of the partnership.
How did you choose this practice area?
I chose to pursue this practice area because it is a perfect blend of my interests in litigation, finance, and business. I did my undergraduate studies in finance, and I am able to leverage that experience to better drive litigation outcomes for clients and their businesses.
What is a “typical” day like and/or what are some common tasks you perform?
My practice is dynamic, and every day looks different as I collaborate with my Kobre & Kim colleagues across practice areas and locations around the world on a wide range of nontraditional matters. A typical day may involve client meetings and strategy sessions, perfecting briefs and trial strategy, appearances in court, or arguing dispositive motions. Each day presents a new challenge, each of which is approached with a commitment to achieving the goals of each client.
What training, classes, experience, or skills development would you recommend to someone who wishes to enter your practice area?
Financial literacy is key. Attorneys who are interested in corporate litigation in Delaware must have deep knowledge of finance, from how to interpret basic financial statements to understanding the structure of debt financing and equity strategies a company may use to fund operations, finance acquisitions, or restructure its balance sheet. While Delaware law is ubiquitous in the corporate world, it is extremely nuanced. Practitioners need to master the corporate governance regimes set out in the Delaware General Corporate Law and the various alternative entities acts.
What do you like best about your practice area?
Whether I am working with a Fortune 500 company or a closely held startup, the outcomes of my cases not only deeply affect the lives of everyone involved but also the broader economic landscape of the United States. The standing of Delaware corporate law often drives business outcomes and behaviors that impact the way people do business worldwide.
What is the most challenging aspect of your practice area?
The cases I handle are high-stakes and often determine the control and trajectory of business decisions and billions of dollars of assets. The optimal outcome is rarely black and white, so achieving the best outcome for each client and their business requires creative thinking and bespoke strategies. In addition, Delaware corporate law covers nearly every industry in the world, so no two cases are alike. Frequently, I need to quickly develop expertise in a new industry to effectively litigate a case.
What misconceptions exist about your practice area? What do you wish you had known before joining your practice area?
A major misconception is that corporate litigation is cold and impersonal. Behind each case are people, their work, their passions, and their livelihoods. Corporate litigation matters are deeply personal to those involved because of the years of hard work and reputations earned over decades that are often at stake—the outcomes of which are determined by the effectiveness of my advocacy in the courtroom.
What is unique about your practice area at your firm, and how has it evolved since you have been at the firm?
Since joining Kobre & Kim, my practice has grown to foster creative and strategic outcomes rather than simply the rote application of Delaware law. We foster a culture of innova- tion and collaboration and a deep commitment to delivering exceptional results. Kobre & Kim is one integrated firm across all our locations, so our Delaware team works seamlessly with our colleagues around the world, and the work we do is an integral part of a broader, global strategy.