Kristan is a partner in the firm's Litigation Section and Co-Chair of the Intellectual Property & Franchising Practice Group. Her practice focuses on construction and intellectual property. She handles a broad range of civil litigation matters including construction disputes regarding faulty workmanship and design; construction payment disputes and bond claims; patent, trademark, and copyright infringement actions; opposition and cancellation proceedings before the Trademark Trial and Appeal Board; franchise disputes; general commercial disputes; and appeals to the Supreme Court of Virginia and the Court of Appeals for the Fourth Circuit.
Representative Matters
· Represented municipality in disputes with contractor and architect regarding construction of new courthouse
· Represented builder during remediation of projects with Chinese drywall and in related litigation
· Represented developer in construction contract dispute, obtaining favorable decision in federal district court which was affirmed by Fourth Circuit
· Represented owner of environmental projects in dispute with engineer regarding defective engineering, surveying, and environmental services
· Represented general contractor during construction of municipal facility, addressing construction issues and disputes with owner, engineer, and subcontractor
· Represented general contractor regarding defective construction and warranty claims in multi-party litigation involving exterior installation and finish systems on condominiums
· Drafted and negotiated contracts for owners, general contractors, and subcontractors
· Defended municipality in trademark infringement action, securing nuisance value settlement after favorable summary judgment ruling
· Represented franchisor in multiple federal court actions to enforce terms of franchise agreement and obtain injunctive relief
· Participated in patent infringement cases in federal court, including trials, through which plaintiff sought monetary damages and injunctive relief
· Represented parties in trademark opposition and cancellation proceedings before the Trademark Trial and Appeal Board
· Represented domain name holders in arbitration proceedings under the Uniform Domain Name Dispute Resolution Policy
· Represented trademark holders in disputes with other entities using confusingly similar trade names, drafting cease and desist letters and negotiating settlement agreements
· Served as local counsel in patent and trademark infringement actions in the United States District Court for the Eastern District of Virginia, Norfolk and Newport News Divisions
Recognition and Honors
· Virginia's Legal Elite; Virginia Business Magazine, 2004-2011
· Virginia Rising Stars; Law & Politics, 2007-2011
· Top 40 Under 40; Inside Business, 2007
· Lead Hampton Roads, 2006
· Law Clerk to The Honorable James E. Bradberry; Magistrate Judge, United States District Court for the Eastern District of Virginia, Norfolk Division
Associations
· Virginia State Bar; Construction and Public Contracts Section, Chair
· Virginia State Bar; Intellectual Property Law Section, Past Chair
· Virginia Bar Association; Intellectual Property & Information Technology Section, Past Chair
· Tidewater Chapter of the Federal Bar Association; Past President
· Virginia State Bar Special Committee on Communications
· Norfolk & Portsmouth Bar Association; CLE Committee