Kimberly L. "Kim" Myers

Overview

Kimberly L. Myers is a partner with Rogers & Hardin LLP, representing the firm’s clients in complex commercial litigation matters as well as in governmental civil and criminal investigations. Ms. Myers’ practice specializes in antitrust, securities fraud and trademark matters. Ms. Myers also has significant experience in conducting internal corporate investigations as special counsel.

Ms. Myers served as a Board Member of the Antitrust Section of the Georgia State Bar from 2004-2011 and served as Chair during 2009-2010. She is a contributing author of the Antitrust Class Actions Handbook, published in 2010 by the ABA Section of Antitrust Law; The Right Against Self-Incrimination in Civil Litigation, published in 2001 by the ABA Section of Antitrust Law; and Relationships Among Competitors, published by the Practising Law Institute for the 1999 Annual Antitrust Law Institute. Her antitrust expertise has been recognized by Chambers USA. Ms. Myers also serves as a member of the Board of Advocates for the Baylor University School of Social Work.

Representative Experience

• Development and presentation of antitrust compliance training and ethics for road construction company with subsidiary offices nation-wide
• Piedmont Office Realty Trust: representation of independent directors in securities class action, shareholder derivative litigation, and internal board committee investigation
• McKesson-HBOC: representation of corporate officer and general counsel in consolidated securities class actions
• Johns Manville: representation of fiberglass insulation manufacturer in antitrust class actions
• NASCAR: representation of stock car racing association in antitrust class action
• Friedman’s Jewelers: representation of corporate officer in consolidated securities class action; lead role in preparing motion to dismiss that achieved early dismissal of officer who was only defendant to be dismissed from case at that stage
• Special counsel to independent directors of telecommunications company in internal board committee investigation; lead role in conducting witness interviews and developing facts for committee review; report issued by committee and prepared by special counsel used by company to achieve early dismissal of derivative litigation against the company and board
• Representation of insurance company in litigation asserting tortious interference claims against the company; lead role in preparing motion to dismiss that achieved early dismissal of claims against insurance company, with dismissal affirmed on appeal to Eleventh Circuit
• Representation of insurance company in litigation asserting policy coverage on workers’ compensation claim; lead role in preparing motion to dismiss that achieved early dismissal of claims against insurance company under Georgia’s Workers’ Compensation Act, with dismissal affirmed on appeal to Georgia Court of Appeals and plaintiff’s petition for certiorari denied by Georgia Supreme Court
• Representation of insurance company in litigation to defend company’s statutory right under Georgia law to void policy based upon material misrepresentation in insurance application
• Representation of corporate director in litigation asserting claims for breach of fiduciary duty and tortious interference; lead role in preparing motion for judgment on pleadings that achieved early dismissal of claims, and successfully defended before Georgia Court of Appeals plaintiff’s efforts to set aside dismissal order and reopen case
• SouthStar Energy Services: trademark counsel to large natural gas distributor providing counseling on branding and marketing issues and maintenance of trademark portfolio

Professional & Community Activities

• American Bar Association Litigation and Antitrust Sections
• State Bar of Georgia Antitrust Section, Board Member 2004-2011; Chair 2009-2010
• State Bar of Georgia Intellectual Property Section
• Atlanta Bar Association

Speeches & Presentations

• Presented on U.S. Supreme Court developments in antitrust law at Antitrust Law: The Basics and Healthcare Program on December 2, 2011, for Institute of Continuing Legal Education in Georgia
• Chaired Antitrust Law Basics Program on November 12, 2009, for Institute of Continuing Legal Education in Georgia
• Presented on drafting a well-pleaded civil antitrust complaint at Antitrust Basic Issues and Common Problems Program on November 13, 2008, for Institute of Continuing Legal Education in Georgia
• Presented on case law developments under Section 1 of the Sherman Act at Antitrust Developments Program on February 1, 2008, for Institute of Continuing Legal Education in Georgia
• Presented on U.S. Supreme Court developments in antitrust law at Antitrust Recent Developments in Civil and Criminal Enforcement Program on February 2, 2007, for Institute of Continuing Legal Education in Georgia
• Presented on Monopolization under U.S. standards and Abuse of Dominance under E.U. standards at International Law & Antitrust Law Program on April 28-29, 2006, for Institute of Continuing Legal Education in Georgia
• Presented on case law developments under Section 2 of the Sherman Act at Everything the In-House Counsel Needs to Know About Antitrust Program on February 3, 2006, for Institute of Continuing Legal Education in Georgia
• Presented on privilege waiver issues arising under the DOJ Antitrust Division’s Corporate Leniency Policy at Tactical and Practical Antitrust Program on February 4, 2005, for Institute of Continuing Legal Education in Georgia

Professional Recognition

• Best Lawyers in America, Litigation - Antitrust 2012
• Named Legal Leader by Chambers USA, Antitrust 2008, 2009, 2010 and 2011