Kristan B. Burch

MemberExecutive Committee Member • Co-Chair of Intellectual Property
Office: Norfolk


Kristan is a member 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 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

  • Women in Business Achievement Award; Inside Business, 2018
  • Best Lawyers in America, 2015-2021
  • Virginia Super Lawyers; Law & Politics, 2013-2020
  • Virginia’s Legal Elite; Virginia Business Magazine, 2004-2019
  • Top Lawyers; CoVaBIZ, 2017-2020
  • 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


  • Norfolk-Portsmouth Bar Association, Executive Committee, Treasurer
  • 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


  • 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


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

Press & Publications