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Kyle Gooch
D: (585) 419-8844  
kgooch@harrisbeach.com

Kyle D. Gooch

  Member

(585) 419-8844
  kgooch@harrisbeach.com
Profile
Representative Matters
Professional and Civic
Areas of Experience
Admissions
Education
Location
Publications and Events

Kyle D. Gooch is an experienced litigator focusing on complex commercial litigation, including consumer class actions, trademark infringement litigation, false advertising disputes, and general commercial litigation. Over his career, which includes time at one of the world’s largest law firms, based in New York City, he has represented a wide range of clients in the pharmaceutical, medical device, consumer products, food and beverage, and financial services industries.  Kyle has experience managing complex litigations pending before the Commercial Division in New York County as well as various other state and federal courts around the country.  Kyle also has substantial trial experience, including second-chairing a jury trial in New York Supreme Court and participating as a key member of trial teams in federal district court, federal bankruptcy court, and Delaware Chancery Court.  Kyle has experience in all aspects of litigation, including case assessment, motion practice, e-discovery, depositions, trial, and appellate practice.

Kyle’s pro bono practice has included representing custodial parents in child support proceedings in Family Court and representing applicants in Supplemental Security Income proceedings.

Representative Matters

  • Represented City of Mount Vernon in a CPLR Article 78 proceeding against a city elected official in a dispute over the disbursement of federal housing grant funds.
  • Represented a wine and liquor retailer in CPLR Article 78 proceedings against the State Liquor Authority concerning licensing and disciplinary issues.
  • Represented one of the nation’s leading food and beverage franchisors in defending a putative nationwide consumer class action in the U.S. District Court for the Eastern District of New York, alleging that certain of the franchisor’s food products were deceptively labeled.
  • Represented a medical device manufacturer in a trial in Delaware Chancery Court against the client’s former U.S. distributor.  The manufacturer prevailed at trial in proving that the distributor breached the parties’ agreement by developing a replacement product.
  • Represented an ad hoc group of term loan lenders holding $1.1 billion in loans in obtaining summary judgment to block the borrower’s proposed exchange offer.
  • Represented a cosmetics manufacturer in defending a putative nationwide consumer class action in the U.S. District Court for the Southern District of New York, alleging that the manufacturer’s skincare products failed to perform as advertised.  The plaintiff’s motion for class certification was denied.
  • Represented an investment bank in successfully defending an action in Supreme Court, New York County, alleging fraud and negligent misrepresentation in a transaction in which the bank acted as the seller’s investment advisor.
  • Representing a leading lighting control company in a false advertising suit concerning “Made in the USA” statements made by a competitor.
  • Represented a contact lens manufacturer in a false advertising dispute before the National Advertising Division of the Council of Better Business Bureaus concerning the labeling of store-brand contact lens solutions.
  • Represented a leading candy company in a number of trademark registration proceedings, trademark infringement actions, and other trademark disputes.
  • Represented a minority shareholder of a chain of high-end New York City hair salons in an action for fraud and breach of contract against the majority shareholder.  Kyle second-chaired a jury trial in Supreme Court, New York County, which resulted in a multimillion dollar verdict for the minority shareholder, including a substantial award of punitive damages.
  • Represented a former shareholder of Harbinger Inc. in a proceeding against the company’s former outside directors under Section 11 of the Securities Act of 1933.

Professional and Civic

  • Monroe County Bar Association, member
  • New York City Bar Association, member

Recognition

  • Super Lawyers, Rising Star, 2015-2018

Legal Practices

Political Law
Appellate
Business and Commercial Litigation

Admissions

New York

U.S. Court of Appeals, Fifth Circuit

U.S. Court of Appeals, Ninth Circuit

U.S. Court of Appeals, Second Circuit

U.S. District Court, New York - Eastern District

U.S. District Court, New York - Northern District

U.S. District Court, New York - Southern District

U.S. District Court, New York - Western District

Georgetown University Law Center

JD 
2009

University of Michigan

BA 
2005

Location

Rochester, NY Office
Insights
News
October 15, 2021

72 Attorneys from Harris Beach Recognized in 2021 Edition of Super Lawyers

Partners, senior counsel and associates from Harris Beach PLLC offices across New York have been named to the 2021 edition of Super Lawyers,
November 12, 2019

79 Attorneys from Harris Beach Named to 2019 Super Lawyers List

A total of 79 Harris Beach PLLC attorneys have been named to the 2019 edition of Super Lawyers, a peer-based rating service that recognizes
October 24, 2018

New Senior Counsel Hired for Harris Beach Rochester Office

Harris Beach PLLC has expanded its business and commercial litigation and wills, trust and estates practices with the addition of two senior
Events
External Publications
July 1, 2017

Publication: Supreme Court Declines to Review Fourth Circuit Holding that a Foreign Trademark Owner May Sue for Unfair Competition in the United States, Intellectual Property & Technology Law Journal

February 1, 2017

Publication: Does a PRIMROSE by Any Other Name Smell as Sweet?

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Kyle D. Gooch

kgooch@harrisbeach.com
D: (585) 419-8844
Rochester, NY Office
Kyle Gooch
https://www.harrisbeach.com/people/gooch-kyle-d/

■ Areas of Expertise

Legal Practices

Political Law Legal Practice
Appellate Legal Practice
Business and Commercial Litigation Legal Practice

■ Profile

Kyle D. Gooch is an experienced litigator focusing on complex commercial litigation, including consumer class actions, trademark infringement litigation, false advertising disputes, and general commercial litigation. Over his career, which includes time at one of the world’s largest law firms, based in New York City, he has represented a wide range of clients in the pharmaceutical, medical device, consumer products, food and beverage, and financial services industries.  Kyle has experience managing complex litigations pending before the Commercial Division in New York County as well as various other state and federal courts around the country.  Kyle also has substantial trial experience, including second-chairing a jury trial in New York Supreme Court and participating as a key member of trial teams in federal district court, federal bankruptcy court, and Delaware Chancery Court.  Kyle has experience in all aspects of litigation, including case assessment, motion practice, e-discovery, depositions, trial, and appellate practice.

Kyle’s pro bono practice has included representing custodial parents in child support proceedings in Family Court and representing applicants in Supplemental Security Income proceedings.

■ Representative Matters

  • Represented City of Mount Vernon in a CPLR Article 78 proceeding against a city elected official in a dispute over the disbursement of federal housing grant funds.
  • Represented a wine and liquor retailer in CPLR Article 78 proceedings against the State Liquor Authority concerning licensing and disciplinary issues.
  • Represented one of the nation’s leading food and beverage franchisors in defending a putative nationwide consumer class action in the U.S. District Court for the Eastern District of New York, alleging that certain of the franchisor’s food products were deceptively labeled.
  • Represented a medical device manufacturer in a trial in Delaware Chancery Court against the client’s former U.S. distributor.  The manufacturer prevailed at trial in proving that the distributor breached the parties’ agreement by developing a replacement product.
  • Represented an ad hoc group of term loan lenders holding $1.1 billion in loans in obtaining summary judgment to block the borrower’s proposed exchange offer.
  • Represented a cosmetics manufacturer in defending a putative nationwide consumer class action in the U.S. District Court for the Southern District of New York, alleging that the manufacturer’s skincare products failed to perform as advertised.  The plaintiff’s motion for class certification was denied.
  • Represented an investment bank in successfully defending an action in Supreme Court, New York County, alleging fraud and negligent misrepresentation in a transaction in which the bank acted as the seller’s investment advisor.
  • Representing a leading lighting control company in a false advertising suit concerning “Made in the USA” statements made by a competitor.
  • Represented a contact lens manufacturer in a false advertising dispute before the National Advertising Division of the Council of Better Business Bureaus concerning the labeling of store-brand contact lens solutions.
  • Represented a leading candy company in a number of trademark registration proceedings, trademark infringement actions, and other trademark disputes.
  • Represented a minority shareholder of a chain of high-end New York City hair salons in an action for fraud and breach of contract against the majority shareholder.  Kyle second-chaired a jury trial in Supreme Court, New York County, which resulted in a multimillion dollar verdict for the minority shareholder, including a substantial award of punitive damages.
  • Represented a former shareholder of Harbinger Inc. in a proceeding against the company’s former outside directors under Section 11 of the Securities Act of 1933.

■ Professional and Civic

  • Monroe County Bar Association, member
  • New York City Bar Association, member

■ Admissions

  • Super Lawyers, Rising Star, 2015-2018

■ Education

Georgetown University Law Center
 ,JD
 ,2009
University of Michigan
 ,BA
 ,2005

Harris Beach and its subsidiaries provide a full range of legal and professional services for clients across New York state, as well as nationally and internationally. Harris Beach is among the country’s top law firms as ranked by The National Law Journal and is among the BTI Elite law firms based on in-depth interviews of more than 600 corporate counsel at the world’s largest and most influential companies. Our clients include Fortune 100 corporations, privately-held companies, emerging businesses, public sector entities, not-for-profit organizations and individuals. Principal industries we represent include education, energy, financial, food and beverage, health care, insurance, manufacturing, medical and life sciences, real estate developers, and state and local governments and authorities.

Industry Teams
Automotive and Vehicle Dealerships
Blockchain and Digital Assets 
Cannabis
Construction and Surety
Educational Institutions Higher Ed
Educational Institutions K-12
EMS and Fire Protection Providers
Energy
Financial Institutions and Capital Markets
Food and Beverage
Health Care
Industrial and Consumer Manufacturing
Medical and Life Sciences
Municipalities and Local Agencies
Nanotechnology
Photonics
Racing and Gaming
Real Estate Developers
Science and Technology
Telecommunications and Media
Unmanned Aircraft Systems
USA Collegiate Sports
Veterinary Medicine

Practices
Alternative Dispute Resolution
Appellate
Business and Commercial Litigation
Collection Law
Commercial Real Estate
Corporate
Cybersecurity Protection and Response
Diversity Compliance
E-Discovery (e-infoSM)
Employee Benefits
Employment Litigation
Environmental Law
Environmental, Social and Governance (ESG)
Financial Restructuring, Bankruptcy and Creditors’ Rights
Government Compliance and Investigations
Health Law
Immigration Law
Insurance Coverage
Intellectual Property Law
International Trade Law
Internet Law
Labor and Employment Law
Mass Torts and Industry-Wide Litigation
New Markets Tax Credit
Patent, Trademark and Copyright Law
Product Liability and Comprehensive General Liability
Public Finance and Economic Development
Real Property Valuation Litigation
Residential Real Estate
Tax Law
White Collar Crime
Wills, Trusts and Estates

Consulting Services
HB Solutions LLC
Collegiate Sports Compliance
Data Privacy and Cybersecurity
Economic Development and Public Affairs
Educational Institution Assistance
EMRG® (E-Discovery Management Resources Group)
Energy
Health and Human Services
Human Resources
Information Technology
Marketing and Communication Services
Municipal and Local Agency Assistance

HB Cornerstone LLC
Owner Representation
Design Services
Facilities Consulting
Move Management

Caetra.io
CyMetric (Cybersecurity Regulation Compliance Software)

Offices throughout New York:

Albany
677 Broadway
Albany, NY 12207
518-427-9700

Buffalo
726 Exchange Street
Buffalo, NY 14210
716-200-5050

Ithaca
119 East Seneca Street
Ithaca, NY 14850
607-273-6444

Long Island
333 Earle Ovington Boulevard
Uniondale, NY 11553
516-880-8484

New York City
100 Wall Street
New York, NY 10005
212-687-0100

Rochester
99 Garnsey Road
Pittsford, NY 14534
585-419-8800

Saratoga Springs
513 Broadway
Saratoga Springs, NY 12866
518-587-0551

Syracuse
333 West Washington Street
Syracuse, NY 13202
315-423-7100

White Plains
445 Hamilton Avenue
White Plains, NY 10601
914-683-1200

Offices also in:

New Haven, CT
195 Church Street
New Haven, CT 06510
203-784-3159

Newark, NJ
One Gateway Center
Newark, NJ 07102
973-848-1244

Washington, DC
800-685-1429

Attorney Advertising. Prior results do not guarantee a similar outcome.
© 2022 Harris Beach PLLC

Content current as of March 21, 2023 7:06 pm
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