Kris Kostolansky counsels businesses, and represents their interests in court in intellectual property, commercial contract, business tort, and employment law disputes. He works with companies to implement best business practices to avoid litigation and streamline business operations. Kris has tried numerous cases, both jury and non-jury.
- Lewis Roca Rothgerber Christie LLP (legacy firm Rothgerber Johnson & Lyons LLP), 1985-Present
- Baker & Hostetler, 1980-1985
- Counsel for patent owner in Smart Card credit card litigation (case pending District of Colorado).
- Patent counsel for distributors of lithium-ion batteries used in portable computers and other electronic devices (case pending District of Colorado).
- Lead counsel for company in patent litigation regarding the extraction of copper during the mining process (case pending Northern District of Arizona).
- 2015 Lead counsel in trademark infringement action brought on behalf of the Denver Metro Chamber of Commerce. District of Colorado; case resolved successfully.
- 2015 Lead counsel for company in extensively-litigated business methods patent case regarding the selection of healthcare providers. District of Colorado; case resolved successfully.
- Lead counsel for one of Canada's largest engineering and construction firms in a breach of contract/fraud case involving new technology in the mining industry. District of Wyoming; case resolved successfully.
- Counsel for company in litigation protecting trade secrets with patent overtones in the fetal bovine serum industry.
- Lead counsel in a complex/copyright and trademark case expanding the rights of holders intellectual property. Health Grades, Inc. v. Robert Wood Johnson University Hospital, Inc., 634 F.Supp.2d 1226 (D. Colo. 2009).
- 2011 obtained state court jury verdict in favor of a Denver-based technology company for theft of trade secrets.
- Counsel for nationwide architectural design firm in litigation against nationwide building products company for copyright infringement, favorable settlement.
- 2016 lead counsel for the largest minority shareholder in nationwide franchise company.
- 2016 lead counsel in arbitration involving multi-million dollar arbitration regarding breach of partnership agreement.
- 2015 obtained multi-million dollar award in arbitration regarding breach of partnership agreement.
- 2013 obtained and affirmed on three appeals a multi-million dollar verdicts for client in a multi-jurisdictional business tort dispute.
- 2013 obtained reversal of trial court judgment limiting First Amendment rights.
- Lead counsel for a small information technology firm in a complex breach of outsourcing contract action against a Fortune 50 company. Multi-million dollar verdict obtained in arbitration.
Employment Litigation and Counseling
- Lead counsel for United Air Lines, Inc. in the first Americans With Disabilities Act case taken to trial by that company. Jury returned a defense verdict.
- Set precedent beneficial to all employers in the Rocky Mountain Region by persuading the 10th Circuit Court of Appeals that disparate impact analysis may not be used to prove age discrimination. Ellis v. United Air Lines, Inc., 73 F.3d 999 (10th Cir. 1996). Ten years later, the United States Supreme Court interpreted the ADEA to permit such claims.
- Counseled more than one hundred businesses and individuals in connection with non-competition and trade secret issues involving a host of industries, including, internet advertising, aerospace, construction, broker-dealer relationships, specialty chemicals, manufacturing, product distribution, packaging, sporting goods, healthcare, landscaping, employee placement/staffing, insurance brokerage, internet ratings, and veterinary medicine. Lead counsel in numerous jury and non-jury trials and preliminary injunction hearings regarding non-competition agreements.
- Speaker, Lewis Roca Rothgerber Christie 2016 Employer Roundtables
- Lecturer at numerous corporate-sponsored seminars involving employment law issues, with a focus on the Americans with Disabilities Act and other Federal and state statutes
- Author, "The Defend Trade Secrets Act of 2016: Reconciling Inevitable Disclosure," The Colorado Lawyer, November 2016
- Author, "The Limits of Monetary Protection Afforded Employers by the After-Acquired Evidence Doctrine," Rothgerber, Johnson & Lyons Article, October 1, 2008
- Author, "Courts Expand the Ellerth/Faragher Affirmative Defense Beyond Sexual Harassment," RJ&L Employment Law Update, September 2004
- Author, "ADA Update: Courts Curtail ADA Retaliation Claims," RJ&L Employment Law Update, March 2004
- Author, "Can an Adverse EEOC Determination Be Admitted at Trial?," RJ&L Employment Law Update, March 2003
- Author, "Individualized Assessments in "Regarded As" ADA Cases," RJ&L Employment Law Update, March 2003
- Author, "Practical Suggestions for Complying with the Americans with Disabilities Act," Wyoming Lawyer, 1993
- Author, "Sequestration of Deponents in Civil Litigation," Colorado Lawyer, 1986
- Coach, Littleton Hockey Association 2016
- Captain, Denver Bison Hockey Club 2016
- Coach, South Jeffco Baseball 2015
- Secretary/Board Member, Polo Reserve Homeowners Association 2016