Clients depend on attorney Kevin Elkins when facing litigation that can shape the trajectory of their business and turn to him for practical advice while navigating complex legal disputes.
Kevin represents clients in intellectual property litigation, health care litigation, construction litigation, securities litigation, and commercial litigation matters.
Clients ranging from publicly traded corporations in the health care and life sciences industries to individuals and closely held companies rely on Kevin when their interests are at stake.
Kevin's goal for each client is to resolve its litigation at the stage that makes the most legal and practical sense for the client, whether that be by settlement, mediation, other alternative dispute resolution, or taking a case all the way through trial. As a result, Kevin has been recognized by The Best Lawyers in America® as “One to Watch” in both Commercial Litigation and Intellectual Property Litigation, and was named to the Mid-South Super Lawyers® Rising Stars list in Business Litigation, Intellectual Property Litigation, Construction Litigation: Business, and Securities Litigation.
Before joining Epstein Becker Green, Kevin was a trial and appellate attorney at one of Nashville’s leading law firms. Prior to that, he served as a judicial law clerk to the Honorable Thomas W. Brothers of the Sixth Circuit Court for the 20th Judicial District of Tennessee. While clerking for Judge Brothers, Kevin participated in more than 20 jury trials and countless bench trials, giving him practical knowledge that benefits his clients in the courtroom. During law school, Kevin interned for the Honorable Gary R. Wade, Chief Justice of the Tennessee Supreme Court.
When not practicing law, you can find Kevin planning his next scuba diving trip, searching for rare bourbon, and perfecting his meat-smoking skills. He and his wife, Jenna, have two young children and two German Shorthaired Pointers that keep them on their toes—it's always an adventure in the Elkins home.
- Business Torts, Competition & Trade Secrets
- Commercial and Contract Litigation
- Construction Law
- Corporate and Securities Litigation
- Health Care and Life Sciences Investigations and Enforcement
- Health Care Construction Law
- Health Care Litigation
- Intellectual Property Litigation
- Litigation & Business Disputes
- Successfully defended a large toy company in federal court against trademark infringement claims by a national manufacturer of radio-controlled vehicles.
- Successfully resolved an opposition proceeding before the Trademark Trial and Appeals Board (“TTAB”) in which an urgent care provider’s competitor sought the registration of a confusingly similar trademark in an effort to trade off Kevin’s client’s goodwill.
- Successfully defended an opposition proceeding before the TTAB in which a large soft drink company sought the cancellation of a local craft brewery’s trademark application.
- Obtained a judgment against individuals and their closely held corporations brazenly infringing a national pizza company’s trademark rights, including seizure of all infringing signage and advertisements.
- Represented the patent owner—a medical computer equipment company—in federal court in enforcing patent rights related to a removable battery assembly.
- Successfully defended a large restaurant management group against claims of trademark infringement in federal court.
- Successfully defended a family-owned business from trademark infringement claims in federal court brought by a large competitor.
- Enforced the trademark rights of a popular Nashville music venue against copycat venues across the country.
- Successfully completed a trademark cancellation proceeding before the TTAB in which a BBQ company had obtained registration of a confusingly similar trademark.
- Successfully resolved an opposition proceeding before the TTAB for a commercial fan manufacturer whose main competitor sought to use and register a confusingly similar trademark.
- Successfully resolved an opposition proceeding before the TTAB for a fitness company whose competitor sought to use and register a nearly identical, confusingly similar trademark. Kevin helped secure a geographic coexistence agreement between the parties.
- Successfully represented a national behavioral health company against claims of breach of contract and negligence in the provision of care to a patient.
- Represented a hospital client in multiple Certificate of Need (CON) matters in the state of Tennessee involving freestanding emergency departments, including a two-week trial appealing the denial of a CON.
- Assisted in an internal investigation of a large health care network that led to significant internal restructuring and personnel changes.
- Conducted an internal investigation of events surrounding the death of a patient at a behavioral health facility, including interfacing with local law enforcement in its criminal investigation.
- Represented a medical supply company in a dispute involving an asset purchase agreement and sizeable earn-out provision. Kevin assisted in obtaining an extremely favorable resolution through aggressive pre-litigation advocacy, without the costs of filing suit.
- Defended a pharmaceutical manufacturer against securities fraud allegations related to an SEC and Department of Justice investigation of a health care manufacturer.
- Successfully represented a psychiatrist subpoenaed to testify in a criminal proceeding related to care provided to a patient.
- Negotiated the buyout of a lease agreement for a dental practice, paving the way for the practice to construct a new state-of-the-art facility on adjacent land.
- Secured a non-prosecution agreement for an individual in an investigation conducted by the U.S. Attorney’s Office for the Southern District of New York that produced a major securities fraud indictment.
- Represented several victims of an elaborate Ponzi scheme, resulting in the recovery of several million dollars and ultimately a 10-year federal prison sentence for the Ponzi scheme orchestrator.
- Obtained favorable summary judgment for a national franchisor in the damage restoration industry in a termination case involving Lanham Act, breach of contract, and racial discrimination.
- Represented a record label that was sued by a former artist in a lawsuit regarding breach of fiduciary duty, breach of contract, and copyright violations, resulting in a favorable resolution for the record label.
- Represented a credit union in a lawsuit against an Indiana-based corporation and its primary shareholders and officers following a failed business relationship that left the credit union exposed to numerous government investigations. Kevin assisted in securing a favorable settlement from the corporation's CEO in bankruptcy court in Las Vegas while mitigating the credit union's exposure to claims from attorneys general across the country.
- Successfully defended a large tile manufacturer against product defect claims.
- Obtained injunctive relief and an overall successful resolution for a national logistics company enforcing noncompetition and nonsolicitation agreements.
- Obtained injunctive relief and preserved trade secrets for a distillery enforcing a noncompetition, nondisclosure, and nonsolicitation agreement against its head distiller.
- The Best Lawyers in America®: "Ones to Watch," Commercial Litigation (2021 to 2024), Litigation - Construction (2024), and Litigation - Intellectual Property (2022 to 2024)
- Litigation Counsel of America, Associate Fellow (2023)
- Mid-South Super Lawyers® Rising Stars, Business Litigation, Intellectual Property Litigation, Construction Litigation: Business, Securities Litigation (2019 to 2023)
- America's Top 100 High Stakes Litigators (2020 to 2021)
- Nashville Bar Foundation Leadership Forum (2020)
- Nashville Young Leaders Council (2019)
- Nashville's Top 30 Under 30, Cystic Fibrosis Foundation (2018)
- University of Tennessee College of Law (J.D., magna cum laude, 2014)
- Publications Editor, Tennessee Journal of Law and Policy
- Homeless Pro Bono Project Coordinator
- University of Tennessee (B.A., cum laude, 2011)
- Tennessee State Courts
- U.S. Court of Appeals for the Sixth Circuit
- U.S. District Court, Eastern District of Tennessee
- U.S. District Court, Eastern District of Texas
- U.S. District Court, Middle District of Tennessee
- U.S. District Court, Western District of Michigan
- U.S. District Court, Western District of Tennessee
Professional & Community Involvement
- The Heimerdinger Foundation, Board of Directors
- Nashville Bar Association Young Lawyer's Division, Board of Directors
- Nashville and Tennessee Bar Associations, Member
- Room in the Inn, Board Intern