Mr. Kurk is a Shareholder in Young Basile’s Chicago office. He concentrates his practice on data privacy / cyber security and intellectual property litigation matters.
He is a Certified Information Privacy Professional (CIPP/US) with experience conducting internal investigations in the wake of a data breach, litigating privacy-related class actions, advising clients regarding their use and protection of consumer and employee data under various privacy laws (e.g., the SCA, GDPR, CCPA), and developing privacy notices, privacy policies, security programs, and incident response plans.
As for litigation matters, Mr. Kurk concentrates his practice resolving intellectual property and complex commercial disputes in venues throughout the country. For example, in March 2018, he obtained an $8.6 million judgment in a trademark infringement action in the Northern District of Illinois, which included a full recovery of attorneys’ fees and a permanent injunction.
He recently obtained a confidential settlement on behalf of a defendant accused of copyright infringement and trade secret misappropriation of a competitor’s software. After successfully getting several claims dismissed at the pleading stage, he was able to creatively settle the case for no money and only a small equity stake in the future business of the client.
Additionally, in a patent case, Mr. Kurk recently obtained dismissal of a declaratory judgment action in the Northern District of California based on lack of personal jurisdiction. In a trade secret case, he was the primary author of Daubert briefs resulting in the wholesale exclusion of plaintiff’s damages expert, which ultimately lead to a retrial on damages and a final judgment of no damages against the client.
From 2007 until 2013, he was an associate at Jenner & Block LLP in Chicago. There, he served as lead associate on a number of high-stake matters, which included securing an over $75 million judgment for a major chemical company in a patent infringement action tried in the District of Delaware; obtaining dismissal for defendants sued in Illinois state court by a Chinese corporation for trade secret misappropriation related to mobile handset technology; and obtaining a favorable settlement for a large health care provider in arbitration against its IT outsourcing provider. He also participated in several highly confidential internal investigations on behalf of clients.