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    Kristan B. Burch

    Member • Co-Chair of Intellectual Property
    Office: Norfolk
    Admissions: Virginia

    Biography

    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

    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

    • 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, 2004-2020
    • Top Lawyers; CoVaBIZ, 2017-2021
    • 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, 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

    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