Kris J. Kostolansky

Kris J. Kostolansky

Partner
kkosto@lrrc.com vCard
303.628.9515
303.623.9222 fax
1200 Seventeenth Street
Suite 3000
Denver, CO 80202

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.

Professional Experience

  • Lewis Roca Rothgerber Christie LLP (legacy firm Rothgerber Johnson & Lyons LLP), 1985-Present
  • Baker & Hostetler, 1980-1985

Memberships & Affiliations

  • Denver, Colorado, Ohio, and Wyoming Bar Associations, Member

Representative Matters

IP Litigation

  • 2017 Counsel for patent owner in Smart Card credit card litigation. Two cases; District of Colorado; resolved successfully.
  • 2017 Lead counsel for patent owner and apparel manufacturer. Central District of California; case resolved successfully.
  • 2016 Patent counsel for defendant distributors of lithium-ion batteries used in portable computers and other electronic devices. District of Colorado; case dismissed on motion.
  • Counsel for company in patent litigation regarding the extraction of copper during the mining process (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 intellectual ‎property holders. 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.

Business Litigation

  • Lead counsel for petroleum corporation in price-fixing anti-trust litigation (two pending cases District of Oklahoma and Wyoming).
  • 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, in-house counsel, 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.

Class Action Litigation

  • Representative cases include: Foodborne illness, price-fixing, and bank fraud.

Related Events

Past Events
10/18/2017
05/04/2016
Denver: Non-Competition and Non-Solicitation Agreements, and the Protection of Trade Secrets
Non-Competition and Non-Solicitation Agreements, and the Protection of Trade Secrets
01/20/2016
Denver: The pitfalls of entering into Independent Contractor relationships
The program will be presented by Susan Sperber and Kris Kostolansky.

Presentations

  • Speaker, Lewis Roca Rothgerber Christie 2016-18 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 

Publications

Blog

Interests

  • Coach, Littleton Hockey Association 2016
  • Captain, Denver Bison Hockey Club 2018
  • Coach, South Jeffco Baseball 2015
  • Secretary/Board Member, Polo Reserve Homeowners Association 2018

Education

J.D., Boston University School of Law, 1980, cum laude
B.A., University of Michigan, 1977, magna cum laude

Bar Admissions

Ohio, 1980
Colorado, 1984
Wyoming, 1992

Court Admissions

Wyoming Supreme Court
U.S. Supreme Court
U.S. Court of Appeals, Tenth Circuit
U.S. District Court, Colorado
Colorado Supreme Court
U.S. Court of Appeals, Sixth Circuit
Ohio Supreme Court