Tom Kurland is a member of the Firm’s Litigation department, focusing on products liability, brand protection, and commercial tort. Mr. Kurland has been recognized annually since 2016 as a “Rising Star” in the New York-Metro edition of Super Lawyers.
Mr. Kurland defends major pharmaceutical and medical device manufacturers and distributors against products liability claims in both state and federal courts, including multi-district litigations.
Mr. Kurland has extensive experience with all phases of products liability litigation from initial case assessment through trial, and has served as both national counsel and local counsel defending claims related to prescription medicines, vaccines, over-the-counter products, surgical implants, and consumer goods. As a testament to his experience in this area, Mr. Kurland is routinely sought out by clients, colleagues, and even adversaries for his understanding of civil procedure and trial evidence.
Since 2016, Mr. Kurland has acted as principal regional counsel to a Fortune 50 consumer products manufacturer defending allegations that its cosmetic talc products were contaminated with asbestos. In this role, Mr. Kurland has overseen the defense of scores of cases in specialized asbestos proceedings throughout New York State, and has jury trial experience in some of New York’s most challenging venues.
Mr. Kurland has also been engaged to prepare experts on medical causation, epidemiology, signal detection, and regulatory compliance for proceedings throughout the United States and abroad, and maintains extensive relationships with physicians, scientists, and other specialists in these areas.
Anti-Counterfeiting and Investigations
Mr. Kurland has represented major manufacturers of medical devices and nutritional supplements in anti-counterfeiting actions nationwide as plaintiffs’ counsel in civil proceedings, coordinating large-scale anti-counterfeiting investigations in cooperation with law enforcement authorities.
In the course of this work, Mr. Kurland has successfully seized counterfeit products from dozens of individuals and businesses that have manufactured and distributed counterfeits, and has assisted in the recovery of millions of dollars in settlements, judgments and penalties.
Mr. Kurland has also advised clients in a variety of industries on developing investigative strategies to uncover improper marketing and sales tactics, and has extensive experience working with private investigators both domestically and abroad to further his clients’ objectives.
Mr. Kurland has represented clients in the telecommunications, e-commerce, nutritional supplement, and cosmetics industries as both plaintiffs and defendants in false advertising and consumer fraud actions brought under both state and federal law, including Lanham Act claims and consumer class-action lawsuits.
Mr. Kurland represents clients in a variety of commercial disputes arising under both tort and contract law in state and federal court, as well as in domestic and international arbitration. Among other matters, Mr. Kurland has successfully defended an international publishing company against claims related to alleged corporate espionage; defended a major Latin American industrial concern in a dispute concerning a professional services contract; and defended an engineering firm from allegations of tortious interference with a joint venture agreement.
Mr. Kurland shares the firm’s commitment to pro bono work, focusing on civil rights litigation. Among other matters, Mr. Kurland has represented pre-trial detainees housed in City-run correctional facilities who sustained injuries as a result of their improper classification as gang members; represented disabled students in New Orleans who were turned away from public schools in the aftermath of Hurricane Katrina; represented a non-profit school for disabled children facing eviction from its facility; represented low-income immigrants after the tenement building where they resided was destroyed in a devastating fire; and represented tenants in a rent-controlled building facing eviction motivated by improper ethnic discrimination.
In connection with these efforts, Mr. Kurland is a past recipient of the Legal Aid Society’s Pro Bono Publico Award for Outstanding Pro Bono Service, and has been recognized as Empire State Counsel by the New York State Bar Association.
- U.S. Court of Appeals, Second Circuit; Third Circuit
- U.S. District Court, Southern; Eastern; Western; Northern Districts of New York
- New York
MEMBERSHIPS: DRI (Drug and Medical Device Committee); New York City Bar Association (Product Liability Committee - Member 2016-2019; Chair 2019-2022); New York State Bar Association; American Bar Association
SPEAKING ENGAGEMENTS: Presenter, “Strategies for Combating Off-Label Marketing Claims with the Learned Intermediary Doctrine,” DRI Drug and Medical Device Conference (May 11, 2017); “CASE STUDY: The 5-Hour ENERGYTM Anti-Counterfeiting Litigation,” IQPC 17th Annual Anti-Counterfeiting & Brand Protection Summit (September 26, 2016)
- Co-Author, "NY’s New Marijuana Law: Implications for False Advertising and Products Liability Lawsuits," New York Law Journal (May 2021)
- Co-Author, "The SCOTUS Ford Decision Is Good News for Mass Tort Defendants," Bloomberg Law (April 2021)
- Author, "NY Ruling On Amazon's Seller Liability Is Good For Plaintiffs," Law360 (January 2021)
Co-author, "COVID-19 Business Interruption Coverage – Chief Roadblocks And Potential Paths To Coverage For Commercial Losses In New York" MEALEY's Litigation Report: Catastrophic Loss (August 2020)
- Co-author, "COVID-19 Business Interruption Coverage – Chief Roadblocks And Potential Paths To Coverage For Commercial Losses In New York" MEALEY's Emerging Insurance Disputes (July 2020)
- Co-Author, INSIGHT: Business Interruption Recovery in New York—Two Cases Might Help, Bloomberg Law (July 2020)
- Contributing Author, DRI Products Liability Case Law Update (2015)
- Co-Author, 50 State Survey: Media Privacy and Related Law (Media Law Resource Center)