Skip to Content

Kyle G. Kunst is a Partner in the firm’s Commercial Litigation Department. His practice includes cybersecurity and data privacy matters, with a focus on the disputes, investigations, and business risks that can arise when sensitive or confidential information is accessed, used, or disclosed.

Kyle’s background in complex commercial litigation, trade secret and intellectual property disputes, employment matters, contractual disputes, and government investigations is directly relevant to many cybersecurity and privacy issues. He assists clients with matters involving confidential and proprietary information, regulatory inquiries, vendor and contractual disputes, employee-related issues, preservation and discovery obligations, and related litigation exposure.

Kyle also represents Fortune 500 companies, closely held family businesses, and other organizations in a wide range of commercial disputes. His experience includes shareholder derivative actions, partnership disputes, intellectual property litigation, employment disputes, and state and federal government investigations.

Kyle is involved throughout the litigation process, from the initial pleadings through discovery, motion practice, and trial proceedings. He regularly appears in federal and state courts in New York and New Jersey and works closely with clients to understand their businesses, assess risk, and develop practical strategies for resolving complex disputes.

Practice Areas

Commercial Litigation Cybersecurity and Data Privacy Commercial Contracts Disputes Intellectual Property Litigation eDiscovery Intellectual Property Labor and Employment Appellate Litigation Construction Contract Dispute Resolution Real Estate and Land Use Litigation Bankruptcy Litigation Products Liability

Industries

Admissions

  • New York
  • New Jersey
  • California
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Western District of New York
  • U.S. District Court for the District of New Jersey
  • U.S. District Court, Northern District of California
  • U.S. District Court, Central District of California
  • Second Circuit Court of Appeals
  • Third Circuit Court of Appeals
  • Ninth Circuit Court of Appeals

Education

  • J.D., New York Law School, cum laude, 2011
  • B.A., University of California, Davis, 2007
  • Professional Certificate in Cybersecurity, Massachusetts Institute of Technology, 2023

Representative Experience

  • $27 million judgment in favor of client, a prominent New York-based regional bank, in the Superior Court of New Jersey.
  • Judgment in favor of client, dismissing $22 million claim of delayed rail shipments, in the Eastern District of New York.
  • Judgment finding client’s copyright was infringed in the Southern District of New York.
  • Order placing opposing party’s commercial property in receivership, later upheld on appeal by New York’s First Appellate Division.
  • Judgment in favor of client on all causes of action after a bench trial, declaring client was entitled to more than $14 million in reimbursement for insurance premium payments, with a declaration that client was not required to make a further payment, in the New York Supreme Court, Commercial Division.
  • Multi-million-dollar judgment in favor of the client, including attorney’s fees, after a two-week jury trial for federal and state deceptive trade practices and misappropriation of trade secrets in the District Court of Alaska, later affirmed on appeal by the Ninth Circuit.
  • Judgment in favor of the client, later affirmed on appeal, in a precedent-setting case regarding the ability of an employer to contract for the reimbursement of training costs from an employee.
  • Obtained order from the District Court of New Jersey enjoining defendant from entering into a merger until defendant fully paid overdue settlement amounts.
  • Obtained order reversing arbitration award of more than $2 million against the client.
  • Favorable settlement for a client with defendant alleged to have violated client’s trademark using social media in a case in the District Court of Nevada.
  • Favorable settlement for client, a plaintiff alleging False Claims Act whistleblower retaliation, who had also received a relator’s portion of the United States’ settlement with the defendants in the Northern District of California.
  • Full dismissal of all claims by the Danville, Virginia Superior Court against the client for lack of personal jurisdiction in toxic tort/products liability action.
  • Full dismissal of all claims while summary judgment pending in toxic tort/products liability action in Kings County, New York.
  • Full dismissal of all claims during expert discovery in toxic tort/products liability action in the Eastern District of New York.
  • Arbitration regarding breach of Department of Defense-administered contract.
  • Arbitration regarding breach of contract securities purchases contract.

Honors and Awards

  • Best Lawyers: Ones to Watch in America, Intellectual Property Law, 2027 Edition

News & Insights