David E. Kirk

Partner | New York

T: (212) 859-3504
E: dkirk@kirkingram.com

Education
B.A., University of Virginia, 2008
J.D., Harvard Law School, magna cum laude, 2015

Clerkships
Honorable Andre G. Bouchard, Delaware Court of Chancery

Recognitions
2024-2025 Best Lawyers in New York:  Ones to Watch – Commercial Litigation

Bar and Court Admissions
New York
Delaware
U.S. Court of Appeals for the Second Circuit
U.S. District Court for the Southern District of New York and Eastern District of New York
U.S. District Court for the District of Delaware

Representative Experience

  • Represent parties and amicus curiae in cryptocurrency securities litigation against the SEC

  • Represent founders of startups in litigation and governance disputes in blockchain and artificial intelligence industries

  • Represent individuals in investment-related controversies including SPAC and cryptocurrency investment disputes

  • Advise digital asset industry participants with respect to various disputes, governance matters, and transactional issues

  • Represented Twitter, Inc. in successfully enforcing merger agreement with Elon Musk in litigation in the Delaware Court of Chancery*

  • Represented Fortune 500 corporation in post-merger dispute regarding employee stock compensation plan in federal district court and Second Circuit*

  • Represented major broadcast company in litigation against its controlling stockholder in the Delaware Court of Chancery*

  • Represented public corporations, executives, and directors in private securities litigation in federal courts*

  • Represented amicus curiae in appeal to United States Supreme Court*

  • Represented individuals and subpoena recipients in investigations involving the SEC and DOJ*

  • Represented and advised various companies and boards in transactional, stockholder, and securities controversies in state and federal courts*

 *Denotes experience prior to founding Kirk & Ingram.

David Kirk is a founding partner of Kirk & Ingram, where he represents entities, directors, founders, and individuals in high-stakes litigation, regulatory, and governance matters.  David has written and advised on important topics in corporate law and governance, federal securities law, and digital assets.

Prior to founding Kirk & Ingram, David practiced law at Wachtell, Lipton, Rosen & Katz, where he specialized in corporate and securities litigation and was a member of the firm’s Crypto Team.  There, he litigated high-profile cases in the Delaware Court of Chancery and federal courts, played significant roles in numerous complex disputes and investigations, and advised on transactional and governance issues.

David received a B.A. with distinction from the University of Virginia in 2008, where he was elected to Phi Beta Kappa.  He received his J.D. magna cum laude from Harvard Law School in 2015, where he served as editor-in-chief of the Harvard Business Law Review and participated in the Supreme Court Litigation Clinic.  Before attending law school, David worked in finance in the United States and Europe and became a CFA charterholder.  Following law school, David served as a law clerk to the Honorable Andre G. Bouchard of the Delaware Court of Chancery.