Lenhard, Kirk B.

Kirk Lenhard is considered "one of the preeminent litigators in the state" by an impressed source, who adds: "He's a very strategic guy, but has a very relaxed manner, which makes him a really good courtroom lawyer." His broad-based practice sees him routinely engaged in high-value cases involving claims of fiduciary duty violation, False Claims Act disputes and construction litigation. - Chambers USA, 2020

Kirk Lenhard's practice focuses on commercial and complex litigation. He has served clients that have included Clark County, McCarran Airport, Republic Services, the Las Vegas Metropolitan Police Department and the City of Henderson. He has defined himself as a fixture in the Las Vegas legal community.

As an experienced trial attorney, Kirk has taken over 175 trials to verdict, and has argued before all courts in the state of Nevada, as well as the Ninth Circuit Court of Appeals. He is also an experienced arbitrator and mediator.

Kirk was selected to be a fellow by the American College of Trial Lawyers, an organization comprised only of those lawyers demonstrating unparalleled skill in their practice. He has also been a perennial selection in the Top 75 Mountain State Super Lawyers.

Prior to joining the firm, Kirk was a shareholder at Jones Vargas in Las Vegas for 21 years where he chaired the litigation practice group. Prior to that, he was a chief deputy public defender in the Clark County Public Defender's Office specializing in the defense of capital cases.

Previous Experience

Kirk Lenhard is considered "one of the preeminent litigators in the state" by an impressed source, who adds: "He's a very strategic guy, but has a very relaxed manner, which makes him a really good courtroom lawyer." His broad-based practice sees him routinely engaged in high-value cases involving claims of fiduciary duty violation, False Claims Act disputes and construction litigation. - Chambers USA, 2020

Representative Matters
  • A False Claims Act case, exposure of approximately $2,700,000,000. Dismissed by dispositive motion in the United States District Court, affirmed by the 9th Cir. The point to be made is the simple fact we have the capacity to handle significant matters.

  • Represented company and related directors as Nevada counsel in $1.1 billion stock acquisition with certain investment funds affiliated with the private equity firm Apollo Global Management. While asserting protections under Nevada statutory business judgment rule and Nevada’s exculpation statutes, the matter was successfully resolved in a favorable settlement for our client while motions to dismiss were pending decision.

  • Brownstein represented the Directors of EchoStar Corporation, in two suits claiming that they breached their fiduciary duties and other alleged wrongdoing. This is a complex stock option dispute including a range of demanding legal issues. Our team’s outstanding technical skills and deep understanding of the law in this area have been critical to guiding the client through every stage of this litigation.

  • Defended more than a dozen putative class actions in Nevada to enjoin the corporation's acquisition of a Nasdaq-listed corporation, a transaction valued at over $360M. A key issue in the case was the appropriate legal standard for the duties owed by corporate directors of a Nevada corporation when confronted with a potential change of control, such as the sale of the corporation. Specifically, on a motion for preliminary injunction, the lead Nevada court addressed whether the directors of a Nevada corporation are subject to the legal standard established in the Delaware case Revlon, Inc. v. MacAndrews & Forbes Holdings, Inc., 506 A.2d 173 (Del. 1986) and its progeny. After extensive, expedited briefing and oral argument, the court denied plaintiffs' motion for preliminary injunction, rejected application of the Revlon standard and held instead that the codification of the business judgment rule set forth in NRS 78.138 was applicable in the case. The acquisition closed shortly thereafter.

  • Represented company and related directors as Nevada counsel for publicly traded company in a $274 million merger transaction. Successfully achieved dismissal of action at pleading stage with matter currently on appeal.

  • Represented certain directors as Nevada counsel concerning claims surrounding the potential purchase of wireless spectrum assets valued at $2.2 billion. Facing allegations of “entire fairness” review, successfully represented the directors in a preliminary injunction hearing that allowed them to continue using their business judgment to vet the purchase.

  • A claim in excess of $100,000,000. Dismissed on a MSJ. Affirmed by the Nevada Supreme Court.

  • Served as Nevada counsel to a New York Stock Exchange-listed corporation defending more than a dozen putative class actions in Nevada to enjoin the corporation's acquisition of a Nasdaq-listed corporation, a transaction valued at over $360M. A key issue in the case was the appropriate legal standard for the duties owed by corporate directors of a Nevada corporation when confronted with a potential change of control, such as the sale of the corporation. Specifically, on a motion for preliminary injunction, the lead Nevada court addressed whether the directors of a Nevada corporation are subject to the legal standard established in the Delaware case Revlon, Inc. v. MacAndrews & Forbes Holdings, Inc., 506 A.2d 173 (Del. 1986) and its progeny. After extensive, expedited briefing and oral argument, the court denied plaintiffs' motion for preliminary injunction, rejected application of the Revlon standard and held instead that the codification of the business judgment rule set forth in NRS 78.138 was applicable in the case. The acquisition closed shortly thereafter.

  • Successfully defended homeowner's association in wrongful foreclosure action where plaintiff sought to set aside the association's nonjudicial foreclosure sale upon 114 parcels of real property pursuant to NRS Chapter 116, and sought over $48 million in damages.

  • Represented a telecommunications company in the successful settlement of its partnership claim in excess of $30 million.

  • Defended Clark County, Nevada against a landowner's inverse condemnation airspace takings claims alleging damages in excess of $2.7 billion. The result was a summary judgment entered in favor of Clark County on issue of liability and the Court disposed of the case in its entirety. 70 Limited Partnership v. Clark County, Nevada et al.

  • Achieved complete dismissal of a breach of contract case regarding the alleged purchase of a gas station in favor of BP West Coast Products.

News & Events
Publications & Presentations
Education
  • J.D., 1974, University of Tulsa College of Law
  • B.A., 1972, University of Northern Colorado
Admissions
  • Nevada
  • U.S. Court of Appeals, Ninth Circuit
Recognition

AV® Preeminent™, Martindale-Hubbell Peer Review Rating

Chambers USA, 2011-2020

Fellow, American College of Trial Lawyers

Best Lawyers in America, 1993-2021

Super Lawyers, Mountain States, 2007-2020

Super Lawyers, Mountain States, Top 10 List, 2015

Super Lawyers, Mountain States, Top 100 List, 2013-2016

Legal Elite, Nevada Business Journal, 2009-2014

“Local Litigation Star,” Nevada, Benchmark Litigation, 2013-2014

Top Rated Lawyer in Commercial Litigation, American Lawyer Media and Martindale-Hubbell™, 2013 

Membership

State Bar of Nevada

American Bar Association

Clark County Bar Association

Federal Bar Association

American College of Trial Lawyers, Fellow

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