Kyle Pozan

Senior Counsel
612-339-6900
Chicago
Practice Areas
Antitrust Law, Business Litigation, E-Discovery
Bar Admissions
Illinois, 2011 Missouri, 2019
Education
Chicago-Kent College of Law, Juris Doctor, 2011 Indiana University-Bloomington, Bachelor of Arts in Political Science, 2008
Court Admissions
U.S. District Court, Northern District of Illinois, 2013 U.S. District Court, Eastern District of Wisconsin, 2014 U.S. District Court, Northern District of Indiana, 2015
Support Staff
Cheryl T. Evans

Overview

Kyle Pozan has spent his career focusing his practice on antitrust class actions, complex business litigation, and other civil litigation matters. Kyle has considerable experience with written and oral fact discovery, having taken depositions in some of the nation’s largest class action cases, briefing class certification, and drafting and arguing dispositive motions. He is also well-versed in all areas of e-discovery and has used his experience in that field to leverage outstanding results for his clients.

Kyle currently serves as a member of The Sedona Conference, Working Group 1’s Drafting Team on eDiscovery Implications of the Internet of Things, and he was previously a member of The Sedona Conference, Working Group 1’s Brainstorming Group on Discovery and Preservation of Data from the Internet of Things (IoT). He also serves as Co-Chair of the Corporate Practice Committee for the Chicago Bar Association’s Young Lawyers Section.

Kyle is passionate about giving back to the community. In the past, he was a mentor for high school students at a local charter school and represented an indigent individual in a pro bono criminal appeal. Kyle is also a certified volunteer mediator.

For three consecutive years, Kyle was selected as an Illinois Super Lawyers Rising Star in the area of class actions, an honor given to no more than 2.5% of lawyers under the age of 40. While in law school, Kyle served as an Editor of the Seventh Circuit Review, which published his work.

Kyle lives in Chicago with his wife and daughter.

Representative Cases

  • In re Cattle and Beef Antitrust Litig., No. 0:22-md-03031 (D. Minn.). Firm appointed as co-lead counsel for the consumer indirect purchaser plaintiffs in an ongoing antitrust class action against the nation’s largest beef packers.
  • In re Valve Antitrust Litig., No. 2:21-cv-00563 (W.D. Wash.). Firm serving as interim co-lead counsel for a class of video game publishers in an antitrust class action alleging that Valve monopolizes the PC game distribution market through its Steam platform.
  • Klein, et al. v. Meta Platforms, Inc., No. 5:20-cv-08570 (N.D. Cal.). Firm appointed to the executive committee for the consumer class in an antitrust class action alleging that Facebook engaged in deceptive practices regarding user privacy settings to acquire a monopoly in the social media market.
  • In re Broiler Chicken Antitrust Litig., No. 1:16-cv-08637 (N.D. Ill.). Firm appointed as co-lead counsel in an antitrust class action on behalf of the direct purchaser plaintiffs against broiler chicken producers and achieved a recovery of more than $240 million for the class.
  • Smith, et al. v. City of Chicago, et al., No. 1:15-cv-03467 (N.D. Ill.). Obtained certification of a Rule 23(b)(2) class in a case alleging that the Chicago Police Department has a pattern and practice of unconstitutionally stopping and frisking people in violation of the Fourth Amendment.
  • In re Keurig Green Mountain Single-Serve Coffee Antitrust Litig., No. 1:14-md-02542 (S.D.N.Y.). Served as lead associate for prior firm on a team that obtained a $31 million settlement on behalf of a class of indirect purchaser plaintiffs in an antitrust class action against Keurig.
  • Wilkins Buick, Inc., et al. v. Mazda Motor of America, Inc., 1:14-cv-02908 (N.D. Ill.). Obtained judgment on the pleadings and secured a dismissal with prejudice for an international automobile manufacturer in a declaratory judgment action.
  • Holmes, et al. v. City of Racine, et al., No. 2:14-cv-00208 (E.D. Wisc.). Successfully represented minority business owners in a Section 1983 lawsuit against the City of Racine.
  • In re Potash Antitrust Litig. (II), No. 1:08-cv-06910 (N.D. Ill.). Prior firm appointed as liaison counsel and achieved a recovery of $90 million for the direct purchaser plaintiff class.
  • Field v. Exel Inc., et al., 2021 IL App (2d) 200642-U. Obtained summary judgment in a personal injury suit on behalf of logistics company in a premises liability case involving snow and ice, which was upheld on appeal.
  • Beal v. Office Depot, Inc., No. 13-sc-008410 (Milwaukee County, WI). Obtained defense verdict following a bench trial for a national retail corporation in case alleging deceit and emotional distress.
  • Quiroga v. RJC Quality Electric, Inc., No. 2010L013754 (Cook County, IL). Obtained summary judgment in personal injury suit on behalf of a construction subcontractor allegedly responsible for unsafe condition of work site.
  • Chang v. Mazda Motor Corporation, No. 2009 L 003095 (Cook County, IL). Served as lead associate on the trial team for a Japanese automobile manufacturer in a multi-million-dollar product liability case.

Publications

  • “Antitrust Rule of Reason Handbook,” Contributing Author, American Bar Association (Forthcoming)
  • The Apex Doctrine: Protecting Corporate Executives From Abusive Discovery Practices, International Comparative Legal Guide to Product Liability Journal (2014).
  • LexisNexis Practice Guide: Illinois Personal Injury Litigation,” Editor (2014 Ed.).
  • Scrutinizing the Seventh Circuit: How the Court Failed to Address the “Levels of Scrutiny” Quagmire in United States v. Skoien, 6 SEVENTH CIRCUIT REV. 337 (2010).

Professional Associations

  • ABA Antitrust Magazine, Editorial Board (2023–2024)
  • The Sedona Conference, Working Group 1, Drafting Team on eDiscovery Implications of the Internet of Things, Member (2021–2024)
  • The Sedona Conference, Working Group 1, Brainstorming Group on Possession, Custody or Control (2023)
  • The Sedona Conference, Working Group 1, Brainstorming Group on Discovery and Preservation of Data from the Internet of Things (IoT), Member (2020–2021)
  • Chicago Bar Association’s Young Lawyers Section, Corporate Practice Committee, Co-Chair (2019–2021)

Presentations

  • “ESI Protocols in 2023: What Works, What Does Not, How to Move Forward, and Should Sedona Have a Voice?,” Panel Member, The Sedona Conference Working Group 1 Midyear Meeting 2023 (April 28, 2023)
  • “Developing Your Deposition Processes – What I Know Now That I Wish I Knew Then,” Panel Member, Minnesota Continuing Legal Education (October 18, 2022; March 9, 2023)
  • “Recent Developments in ESI Case Law,” Panel Member, National Employment Lawyers Association’s 2024 Spring Seminar, E-Discovery & ESI for the Plaintiffs’ Employment Lawyer (April 2, 2022)

Professional Recognition

  • Illinois Super Lawyers® Rising Star in Class Actions (2020–2022)