Kristan B. Burch
Biography
Kristan is a member of 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.
Industries
Representative Matters
Construction
- 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 at trial in federal district court and on appeal to the Fourth Circuit
- Represented municipality on school remediation project in which contractor defaulted and surety completed project
- Represented developer of apartment complex in litigation with architect regarding design defects and failure to supervise work
- Represented contractors and sureties in defending against Miller Act claims in federal court
- Represented developer and designer of bridge in disputes during and after construction of the bridge, including week long trial in state court
- Represented continuing care retirement community in litigation and arbitration against the general contractor and architect related to on-going leaks at the facility
- Represent design builder in connection with construction of tunnel, advising on disputes and related issues which arise with owner and subcontractors during construction
- 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 owner of apartment building in litigation and arbitration on warranty claims against original declarant for the community
- 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
Intellectual Property
- Defended municipality in trademark infringement action
- 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 companies defending against Lanham Act claims in federal court based on issues related o their websites and online advertising
- 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
- 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 & Honors
- Top Lawyers; CoVaBIZ, 2017-2021, 2023
- Best Lawyers in America, 2015-2024
- Lawyer of the Year; Best Lawyers in America, 2023
- Virginia Super Lawyers; Law & Politics, 2013-2023
- Virginia’s Legal Elite; Virginia Business Magazine, 2004-2022
- Women in Business Achievement Award; Inside Business, 2018
- Virginia Rising Stars; Law & Politics, 2007-2013
- 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
- Norfolk Portsmouth Bar Association; President, 2022-2023
- Virginia State Bar; Litigation Section, Past Chair
- Virginia State Bar; Construction and Public Contracts Section, Past 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
- Historical Society of U.S. District Court for Eastern District of Virginia, Director
- Hampton Roads Chamber of Commerce, Past Norfolk Board of Directors
- St. Andrew’s Episcopal Church, Past Vestry
- Horizons Hampton Roads, Past Board of Directors
Court Admissions
- Virginia State Courts
- U.S. District Court for the Eastern District of Virginia
- U.S. District Court for the Western 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
- William & Mary Law School; J.D., 1998
Press & Publications
- 54 Kaufman & Canoles Attorneys Named Best Lawyers in America© 2024, 6 Named “Lawyer of the Year,” and 10 Named “Ones to Watch”
- 16 Kaufman & Canoles Attorneys Named as Super Lawyers and 4 Named as Virginia Rising Stars 2023
- 44 Kaufman & Canoles Attorneys Named as Top Lawyers 2023 in CoVaBIZ Magazine
- 53 Kaufman & Canoles Attorneys Named Virginia Business Magazine’s “Legal Elite” 2022
- 48 Kaufman & Canoles Attorneys Named Best Lawyers In America© 2023, 5 Named “Lawyer of the Year” and 8 Named “Ones to Watch”
- 17 Kaufman & Canoles Attorneys Named as Super Lawyers & 3 Named as Rising Stars in Virginia Super Lawyers & Rising Stars 2022
- 40 Kaufman & Canoles Attorneys Named as Top Lawyers 2022 in CoVaBIZ Magazine
- 52 Kaufman & Canoles Attorneys Named Virginia Business Magazine’s “Legal Elite” 2021
- 48 Kaufman & Canoles Attorneys Named Best Lawyers in America© 2022, 4 Named “Lawyer of the Year” and 8 Named “Ones to Watch”
- 19 Kaufman & Canoles Attorneys Named as Super Lawyers & 3 Named as Rising Stars in Virginia Super Lawyers & Rising Stars 2021
- 40 Kaufman & Canoles Attorneys Named as Top Lawyers 2021 in CoVaBIZ Magazine
- 53 Kaufman & Canoles Attorneys Named to Virginia Business Magazine’s “Legal Elite” 2020
- 46 Attorneys Named “Best Lawyers in America 2021”, 5 Named “Lawyer of the Year” and 7 Named “Ones to Watch”
- 18 Kaufman & Canoles Attorneys Named as Super Lawyers 2020 and 4 Named As Rising Stars 2020
- Franchising Client Alert
- 45 Kaufman & Canoles Attorneys Named CoVaBIZ Magazine’s “Top Lawyers” 2020
- 48 Kaufman & Canoles Attorneys Named Virginia Business Magazine’s “Legal Elite” 2019
- 45 Kaufman & Canoles Attorneys Named Best Lawyers in America 2020 and 3 Named “Lawyer of the Year”
- Kaufman & Canoles Attorneys: 18 Named as Super Lawyers & 6 Named as Virginia Rising Stars in Virginia Super Lawyers & Rising Stars 2019
- Kristan Burch Receives 2018 Women in Business Achievement Award
- 48 Kaufman & Canoles Attorneys Named Virginia Business Magazine’s “Legal Elite” 2018
- Spoliation Under Fed. R. Civ. P. 37(e): What a Party Must Prove to Obtain Sanctions for Failure to Preserve ESI
- 40 Kaufman & Canoles Attorneys Named as Top Lawyers 2019 in CoVaBiz Magazine
- 43 Kaufman & Canoles Attorneys Named “Best Lawyers in America 2019” and 8 Named “Lawyers of the Year”
- Lessons Learned from Pro Bono Service in the Eastern District of Virginia
- 31 Kaufman & Canoles Attorneys Named as Super Lawyers and 5 Named As Rising Stars 2018
- Kristan B. Burch Elected to Kaufman & Canoles Executive Committee
- 31 Kaufman & Canoles Attorneys Named as Top Lawyers 2017/18 in CoVaBIZ Magazine
- 46 Kaufman & Canoles Attorneys Named Best Lawyers in America 2018
- 29 Kaufman & Canoles Attorneys Named as Super Lawyers 2017 and 5 Named as Rising Stars 2017
- 48 Kaufman & Canoles Attorneys Named Virginia Business Magazine’s Legal Elite 2017
- 48 Kaufman & Canoles Attorneys Named to Virginia Business Magazine’s Legal Elite 2016
- 40 Kaufman & Canoles Attorneys Named Best Lawyers in America 2017
- 32 Kaufman & Canoles Attorneys Named as Super Lawyers 2016 and 4 Named as Rising Stars 2016
- Sealing Documents: Revisions to Local Civil Rule 5 in the Eastern District
- The Effective Use of Jury Instructions in Construction Cases
- 44 Kaufman & Canoles Attorneys Named Virginia Business Magazine’s Legal Elite 2015
- 42 Kaufman & Canoles Attorneys Named to Best Lawyers in America 2016
- 32 Kaufman & Canoles Attorneys Named as Super Lawyers 2015 and 7 Named as Rising Stars 2015
- 45 Kaufman & Canoles Attorneys Named to Virginia Business Magazine’s Legal Elite 2014
- 42 Kaufman & Canoles Attorneys Named to Best Lawyers in America 2015
- 29 Kaufman & Canoles Attorneys Named as Super Lawyers 2014 and 8 Named as Rising Stars 2014
- Changing the Rules: Recently Implemented and Recently Proposed Amendments to the Federal Rules of Civil Procedure
- Navigating the “Federal Courts Jurisdiction and Venue Clarification Act of 2011”
- 54 Kaufman & Canoles Attorneys Named to Virginia Business Magazine’s Legal Elite 2013
- 29 Kaufman & Canoles Attorneys Named as Super Lawyers 2013 and 14 Named as Rising Stars 2013
- 55 Kaufman & Canoles Attorneys Named to Virginia Business Magazine’s Legal Elite 2012
- 40 Kaufman & Canoles Attorneys Named as Super Lawyers 2012 and 14 Named as Rising Stars 2012
- Domain Name Disputes: Why Are So Many Disputes Resolved Administratively?
- Arbitration: Another Option for Resolving Domain Name Disputes
- 53 Kaufman & Canoles Attorneys Named Virginia Business Magazine’s Legal Elite 2011
- 36 K&C Attorneys Named as Super Lawyers 2011 and 14 Named as Rising Stars 2011
- Knowledge is Power: A Review of the American Arbitration Association’s Rules for Construction Disputes
- 39 Kaufman & Canoles Attorneys Named Virginia Business Magazine’s “Legal Elite” 2010
- Has Chinese Drywall Affected the Economic Loss Rule?
- 31 K&C Attorneys Named as Super Lawyers & 11 Named as Rising Stars 2010
- A Modern Day Fairy Tale: Injunctive Relief in a Post eBay World: The More Things Change, the More They Remain the Same
- A Contractor’s License: Who Needs One and Why