Tom Kurland is a Partner in the firm’s Litigation department, focusing on products liability, brand protection, and commercial torts, with a particular emphasis on matters involving FDA-regulated products.  For his experience in these areas, Mr. Kurland has been recognized annually since 2016 in the New York-Metro edition of Super Lawyers.

Products Liability

Mr. Kurland regularly defends products liability, toxic tort, and public nuisance claims related to drugs, medical devices, vaccines, biologics, cosmetics, food products, vehicles, and other consumer goods in courtrooms throughout the country.  He has acted as both national and local counsel for some of the nation’s best-known brands, and is routinely called upon by clients, colleagues, and even adversaries to share his deep understanding of both substantive products liability law and of courtroom evidence and procedure.

Praised for his ability to translate complicated scientific issues to a lay audience, Mr. Kurland also maintains extensive relationships with physicians and scientists, and has been specifically engaged to identify and prepare litigation experts in fields such as epidemiology, signal detection, regulatory compliance, and medical causation to consult on and testify in proceedings throughout the United States and abroad.

In addition to maintaining an active trial and appellate practice, Mr. Kurland is a sought-after writer and presenter on topics related to products liability and consumer products litigation, and is an active member of numerous bar associations focused on products liability law and procedure. 

Talcum Powder Litigation

Over the past decade, Mr. Kurland has been at the forefront of litigation concerning allegedly asbestos-contaminated cosmetic talcum powder, and has developed significant expertise representing the manufacturers, distributors, and sellers of these products. 

In particular, since 2016, Mr. Kurland has overseen the defense of scores of cases against one of the nation’s best-known producers of baby powder in specialized asbestos proceedings throughout New York State, and has handled jury trials and appeals in some of New York’s most challenging venues. 

Mr. Kurland’s work in this area has set legal precedents that have redefined the landscape of asbestos litigation in New York.  Among other successes, Mr. Kurland played a key role in winning an appeal of a $325 million jury verdict on causation grounds, and more recently secured, on appeal, the first summary judgment dismissal on causation grounds of any talc case in New York history.

Brand Protection

Mr. Kurland regularly represents major manufacturers of pharmaceuticals, medical devices, nutritional supplements, and other FDA-regulated products in anti-counterfeiting and brand protection actions nationwide, coordinating large-scale investigations in cooperation with law enforcement authorities and prosecuting civil lawsuits on behalf of brand owners to combat illegal counterfeiting, diversion, reimbursement fraud, and other harms arising from the improper manufacture, distribution, or sale of offending consumer goods.

As an integral part of the firm’s brand protection litigation team, Mr. Kurland has successfully obtained injunctive relief—including seizure and asset freeze orders—against scores of counterfeiters and other wrongdoers, and has recovered hundreds of millions of dollars in settlements, judgments and penalties for his clients.

Over the course of this work, Mr. Kurland has also developed unique expertise in designing and deploying investigative strategies to uncover improper marketing and sales tactics, and has extensive experience working with private investigators and law enforcement both domestically and abroad to further his clients’ brand protection objectives.

Advertising Litigation and Consumer Class Actions

Mr. Kurland has represented clients in the telecommunications, e-commerce, nutritional supplement, and cosmetics industries as both plaintiffs and defendants in advertising litigation and consumer fraud actions brought under both state and federal law, including Lanham Act claims and consumer class-action lawsuits.

Commercial Disputes

Mr. Kurland has litigated a wide variety of commercial disputes arising under both tort and contract law in state and federal court, including in the New York State Commercial Division.  Among other matters, Mr. Kurland has successfully defended an international publisher against claims related to alleged corporate espionage; defended a major Latin American manufacturer in a dispute concerning a professional services contract; and defended an engineering firm from allegations of tortious interference with a joint venture agreement.

Pro Bono

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.