Kristen C. Kiburtz

Kristen practices in the firm’s appellate, employment, and commercial litigation sections. Before joining the firm, Kristen spent two years with the Utah Supreme Court as a law clerk for the Hon. Jill N. Parrish, gaining invaluable insight into the appellate process. Kristen has been named as a “Rising Star” in appeals in Super Lawyers Magazine in 2015 and 2016.  Before law school, Kristen had a business background, assisting with proposal support and financial estimates for a defense contractor and assisting a national retailer with Sarbanes-Oxley compliance.  
 

AREAS OF PRACTICE
Appeals: Represents businesses and individuals in appeals at the Utah Supreme Court, Utah Court of Appeals, Tenth Circuit Court of Appeals, and in administrative appeals.  Recent representative matters include:

• Scott v. Scott, 2016 UT App 31, 368 P.3d 133 (interpretation of definition of “cohabitation” under Utah alimony statute)
• Westgate Resorts v. Adel, 2016 UT 2 (authority of arbitration panel to award attorney’s fees under the Utah Uniform Arbitration Act)
• Velasquez v. Harman-Mont & Theda, Inc., 2014 UT App 6, 318 P.3d 1188 (court upheld the trial court's denial of a defendants' untimely attempt to raise an affirmative defense in a wrongful death case).
• In re Executive Life Insurance of New York, 2012-05969 (N.Y.A.D. 2013) (scope of immunity of statutory receiver)
• MPDS Memphis v. State Farm Automobile Ins., No. 11-4416 (6th Cir. 2013) (breach of contract claim against insurer).
• Berrett v. Albertson’s, Inc., 2012 UT App 371, 293 P.3d 1108 (applicability of peculiar hazard doctrine)
• Blakely v. USAA Casualty Ins. Co., 633 F.3d 944 (10th Cir. 2011) (representing insured in post-fire claims against insurance company)  

Employment: Kristen represents employers in all types of labor and employment matters. She has experience in various employment litigation matters, including wage and hour violations, discrimination, sexual harassment, wrongful termination, retaliation, defamation and other employment-related torts, and disability accommodations. 

Successful defended several employment discrimination cases in federal court and administrative agencies
Obtained dismissal on defamation claim involving employee reference
Represented ERISA action filed by plan participants to recover pension benefits
Prosecuted and defended preliminary injunction actions seeking to enforce noncompete and nonsolicitation agreements
Investigated multiple employment discrimination claims involving Title VII, ADEA, and the ADA

Commercial Litigation: Represents businesses and individuals in commercial disputes. Representative matters include.

Assisted in the successful representation of computer manufacturer in breach of contract claims totaling well over two million dollars
Counseled LLC regarding whether dissociation of a member violated the automatic stay provision of the U.S. Bankruptcy Code.
Represented individuals in claims involving the scope of immunity of a statutory receiver
Defended homeowners association in a derivative suit involving claims of breach of fiduciary duty and negligence
Defended an electronics manufacturer from claims of alleged trade secret misappropriation and predatory hiring  

EDUCATION
University of Utah, J.D., 2009
Order of the Coif
Utah Law Review Note and Comment Editor and member
University of Utah, David Eccles school of Business, 2000, cum laude
 
PUBLICATIONS
The Utah Fraudulent Transfer Act: Choosing Whom to Sue, Utah Bar Journal

PROFESSIONAL ASSOCIATIONS & ADMISSIONS
Admitted to practice in all Utah state and federal courts
Utah State Bar
Women Lawyers of Utah

RECOGNITIONS
"Rising Stars," Mountain States Super Lawyers 2015 to present