Verified profile

Taylor Kirklin

Of Counsel at Barnes & Thornburg LLP

Taylor Kirklin's profile photo
LocationIndianapolisIndiana, United States
Current roleOf CounselBarnes & Thornburg LLP · since Jan 2025
Government service8yrsU.S. Attorney’s Office · Court of Appeals for the Third Circuit

About

Taylor Kirklin focuses his practice on complex business litigation, government enforcement, internal investigations, and white collar matters. With deep experience representing clients in complex disputes, Taylor has handled cases involving the False Claims Act (FCA), business and commercial disputes, employment claims, and environmental regulations. His strategic approach and persuasive advocacy make him a trusted adviser for clients navigating intricate legal challenges.

Taylor, a former Assistant United States Attorney, has represented clients in federal and state courts, both at the trial and appellate levels. He has acted as first-chair counsel in federal jury trials, bench trials, and critical hearings in high-stakes litigation as an AUSA and in private practice. Taylor also has briefed and argued numerous cases before the U.S. Courts of Appeals.

Taylor has defended clients in antitrust, class action, false advertising and complex commercial matters across various industries. He keeps his clients’ interests in mind as he crafts comprehensive legal strategies that address the litigation hurdles his clients face.

Taylor also combines his legal skills with his passion for pro bono service. He has received several recognitions for his contributions to low-income and indigent litigants, including receiving the Legal Aid Society’s award for Outstanding Pro Bono Service.

Roles

Jan 2025–Present
Current role

Of Counsel

Barnes & Thornburg LLP

Indianapolis, Indiana

Civil LitigationInvestigationsEnforcementWhite Collar CrimeGovernmentLitigation Support Specialist
May 2018–Jan 2025
Former role

Assistant United States Attorney

U.S. Attorney’s Office, Civil Division

Indiana Southern District

EmploymentEnvironmental LawBankruptcy AttorneyCivil LitigationHealthcare & MedicalHearings and AppealsFederal GovernmentCivil RightsEnforcementCriminal DefenseBankruptcyHealth LawWhite Collar CrimeLitigation Support SpecialistCriminal LawCivil LibertiesProsecutorAppellate LitigationCriminal InvestigationEmployment / Labor Law

I served as the Office's coordinator for civil Health Care Fraud enforcement. I also maintained a caseload of other affirmative and defensive litigation matters, including employment suits, torts, bankruptcy, environmental matters, and suits under the Administrative Procedure Act.

Oct 2014–May 2018
Former role

Litigation Associate

Patterson Belknap Webb & Tyler LLP

New York, New York

Litigation Support SpecialistLegal
Sep 2013–Aug 2014
Former role

Law Clerk

Court of Appeals for the Third Circuit

(appointed)Pennsylvania

Law ClerkResearch

Served as judicial law clerk to the Honorable D. Brooks Smith, researching and drafting opinions, orders, and bench memoranda.

Sep 2011–Aug 2013
Former role

Litigation Associate

Otterbourg P.C.

New York, New York

Legal

Recognition

Honors

United States Attorney’s Award for Outstanding Agency Service

United States Attorney's

January 2025

Attorney General Merrick B. Garland announced the recipients of the 72nd Annual Attorney General’s Awards, honoring Justice Department employees and others for extraordinary contributions to the enforcement of our nation’s laws. This year, there are 437 award recipients in 23 categories.

Link

Award for Outstanding Contribution to Defense of Civil Litigation

United States Attorney

April 2025

Publications & speeches

Title VII Protections for Inmates: A Model Approach for Safeguarding Civil Rights in America’s Prisons

Columbia Law Review

January 2011

Since the enactment of the Civil Rights Act of 1964, the federal courts have disagreed on whether the powerful employment protections of this Act apply to one of the largest workforces in American society: prison inmates. Despite dozens of opinions from the federal courts, there has been no resolution of this issue. This Note examines the circuit split on Title VII rights for prison inmates and proposes a model for facilitating Title VII claims by prisoners. Part I explains the development of the prison labor system in the United States and the importance of Title VII employment protections for American society. Part II examines the split of authority among the circuit courts on Title VII protections for inmates. The Tenth Circuit prohibits Title VII suits by inmates, while the Ninth Circuit and others have allowed inmates to bring Title VII claims. Part III argues that the Tenth Circuit has adopted a flawed analysis for denying these employment protections. Rejecting the Tenth Circuit’s analysis, Part III argues that the federal courts should engage in a detailed fact-intensive inquiry into the relationship between the inmate and the prison facility to determine whether a qualified employment relationship exists. Finally, Part III proposes a more thorough analysis to guide courts in determining whether an inmate is covered by Title VII.

Link

An Unsettling Development: The Use of Settlement-Related Evidence for Damages Determinations in Patent Litigation

University of Illinois Journal of Law, Technology, & Policy

February 2012

The federal courts have struggled to define the role that prior third-party settlements should play in determining damages for patent infringement. Although the use of such evidence is governed by the Federal Rules of Evidence, appellate and district courts have failed to reach consensus regarding the appropriate application of these rules. Most recently, in ResQNet v. Lansa, the Federal Circuit noted that the most reliable evidence of damages for infringement may be a license that emerges from a previous settlement. This decision prompted a flurry of new rulings by district courts regarding the admissibility and discoverability of evidence of previous third-party settlements. These rulings have made matters worse: Although these decisions reflect an admirable attempt at clarifying the scope of Rule 408, they have wrought confusion on patent practitioners as new splits across the federal districts — and even within single districts, including the Eastern District of Texas — have emerged.

Link

City Select v. BMW: Ascertainability Is Alive And Well In The Third Circuit

Bloomberg Law Class Action Litigation Report

January 2017

The Bond Basics: What Rural Health Systems Should Know about the Tax-Exempt Financing Process at the Annual Rural Health Conference

Annual Rural Health Association — Indiana

June 2025

The Annual Rural Health Conference is the largest annual conference bringing professionals in the industry together in an interactive and educational setting. Speakers discuss current topics in public health and rural health and present the latest information regarding start-up and ongoing management of rural healthcare delivery models.

Coming to America: The First 100 Days of the Trump Administration

Webinar

May 2025

Doing business in the United States is not always easy and there are many things that need to be taken into consideration. President Trump has signed several executive orders that affect businesses outside the U.S. operating here. The first 100 days typically indicate how a president plans to execute his agenda over the next four years. During this webinar, the speakers will provide an update on recent developments from the Trump administration and what they mean for foreign businesses that want to set up business operations in the U.S. Topics will include: Market update and business outlook Changes for foreign businesses coming to the U.S. Updates on taxes Tariffs and mitigation strategies Expected modifications to legal immigration processes Updates in intellectual property

Link

Global Trade Updates

39th International Business Conference

May 2025

Luis Arandia will present on global trade update at Michigan World Trade Week’s 39th International Business Conference. His discussion will cover the latest developments in global trade, including regulatory changes, supply chain challenges, tariff updates, and emerging market trends. The session will provide valuable insights to navigate the shifting trade landscape and stay competitive in an increasingly dynamic global economy.

Link

RISKWORLD 2025

Chicago

May 2025

Kelly Koss, Kenneth Gorenberg and Kelsey Dilday Miller will be speaking at RISKWORLD 2025 in Chicago. This year’s conference is part of a year-long 75th anniversary celebration of RIMS and is the largest and most comprehensive event in risk management helping attendees advance their career through networking events, top-tier educational programming, and resources to navigate the evolving risk landscape.

Link

Legal and Compliance in Real Life: Best Practices for Partnering with Counsel Before, During, and After an Investigation

HCCA 29th Annual Compliance Institute

April 2025

Tony Burba will be a panelist at the HCCA 29th Annual Compliance Institute, presenting as part of the session titled “Legal and Compliance in Real Life: Best Practices for Partnering with Counsel Before, During, and After an Investigation.” The panel will explore how to identify and distinguish the independent and interrelated roles and responsibilities of an organization’s compliance officer and legal counsel. The session will also address best practices for ensuring harmonious collaboration and cooperation between an organization’s compliance officer and legal counsel and discuss opportunities and pitfalls through case studies and other real-world examples.

Link