Kristan B. Burch < Attorney < Kaufman & Canoles

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.

Practices

Industries

Infrastructure & Transportation

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

Kristan B. Burch