Taylor Kirklin is an associate in the Firm’s Litigation department, where his practice focuses on class action defense, antitrust, false advertising, complex commercial, and bankruptcy litigation matters. He currently serves as a member of the Antitrust & Trade Regulation Committee of the New York City Bar Association. Mr. Kirklin is actively engaged in pro bono efforts and serves on the Firm’s Pro Bono Committee.
From 2013 to 2014, Mr. Kirklin served as a law clerk to the Hon. D. Brooks Smith of the United States Court of Appeals for the Third Circuit.
Secured a federal jury verdict for the world’s leading beverage company in a landmark advertising dispute over juice labeling. The U.S. Supreme Court had remanded the case for trial in 2014, holding that FDA regulations authorizing the company’s label did not bar the plaintiff’s suit. In 2016, a California federal jury returned a verdict in favor of our client after a six-day trial and less than a day of deliberation.
After expedited pretrial proceedings and evidentiary hearing, secured a favorable ruling from U.S. Bankruptcy Court on behalf of indenture trustee defending against fee challenge by investment funds.
Successfully defeated class certification in false advertising suit against a dietary supplement company.
Currently defending a major pharmaceutical company in nationwide class action litigation involving allegations of anticompetitive pricing in the market for contact lenses.
Obtained dismissal with prejudice of federal class action suit alleging false and deceptive practices in sales of a juice product.
Currently representing financial guaranty insurer in civil fraud lawsuit involving mortgage-backed securities.
Represented prominent media personality in dispute over licensing agreement with nationwide clothing retailer in bankruptcy.
Represented healthcare technology company in litigation over the purchase of assets in bankruptcy, culminating in favorable auction process and acquisition of assets by client.
In conjunction with the Legal Aid Society, represented a collective of former nail salon employees in federal litigation against employer and its principals for unpaid wages.
As pro bono counsel, represented former New York public school employee at administrative hearing challenging denial of unemployment insurance benefits and obtained full retroactive benefits for client.
- U.S. Court of Appeals, Third Circuit
- U.S. District Court, Eastern and Southern District of New York
- New York
- MEMBERSHIPS: New York State Bar Association; New York City Bar Association (Antitrust & Trade Regulation Committee); New York County Lawyers’ Association; American Bankruptcy Institute
- Contributor to the Firm's Antitrust Update Blog, Bankruptcy Update Blog and Data Security Law Blog
- "City Select v. BMW: Ascertainability Is Alive And Well In The Third Circuit," Bloomberg BNA’s Class Action Litigation Report (2017)
- Contributor, Antitrust Year in Review (United States), ABA Section of International Law (2015)
- "Beyond ResQNet: Clarifying the Standard for the Use of Patent Settlements," ABA Section of Intellectual Property Law's Landslide Magazine, Vol. 6, No. 3 (2014)
- "An Unsettling Development: The Use of Settlement-Related Evidence for Damages Determinations in Patent Litigation," J.L. Tech. & Pol'y 1 (2012)
- Note, “Title VII Protections for Inmates: A Model Approach for Safeguarding Civil Rights in America’s Prisons,” 111 Colum. L. Rev.1048 (2011)