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.

Practice Areas

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

Admissions

Virginia State Courts
U.S. District Court for the Eastern District of Virginia
U.S. Court of Appeals for the Fourth Circuit
U.S. Court of Appeals for the Federal Circuit
Supreme Court of the United States

Education

University of Virginia; B.A., 1995
College of William & Mary School of Law; J.D., 1998

Kaufman and Canoles

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Attorneys > Kristan B. Burch

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