Land Use, Environment and Real Estate Litigation
Energy companies, developers and others seek Kris’s guidance with regulatory obstacles or civil claims related to multimillion-dollar real estate projects or business ventures. He has particular experience representing renewable energy developers in matters related to federal and state environmental laws and construction disputes. Kris successfully defended several billion-dollar wind and solar projects (including the Altamont Wind Resource Area, the Genesis Solar Project, and the Silver State Solar Project) brought by various stakeholders including environmental groups, Native American Tribes, landowners and labor unions.
Business, Entertainment and Trust Litigation
Kris represents entertainment and business clients in high-stakes litigations and class actions related to consumer privacy, fraud and unfair business practices, copyright, contract, employment and other matters. He recently obtained summary judgment and a multimillion-dollar attorneys’ fee award concerning a bank shareholder dispute. Kris successfully defended one of the largest trust disputes ever in Nevada, which related to the sale of Kelley Blue Book. He is also currently litigating a dispute between the two largest music-publishing companies in the world.
Land Use, Environment and Real Estate Litigation Representative Experience
- Colorado River Indian Tribes v. United States Dept. of the Interior, et al. Defended an action brought by a Tribe for alleged NEPA, NHPA and FLPMA violations to vacate the approvals of the Modified Blythe Solar Power Project and enjoin the project’s development (obtained summary judgment)
- Defenders of Wildlife v. Jewell, et al. Defended an ESA and NEPA action seeking to enjoin the Silver State South Project located near Las Vegas, Nevada (obtained summary judgment)
- La Cuna de Aztlan Sacred Sites Protection Circle Advisory Committee, et al. v. United States Dept. of the Interior, et al. Defended an action brought by a Native American group for alleged violations of NEPA, NHPA, and RFRA to stop the construction of the Genesis Solar Energy Project (obtained dismissal and summary judgment of all claims; affirmed by Ninth Circuit)
- Coalition for Responsible Solar, et al. v. City of Adelanto, et al. (Aries Solar Holding, LLC) Defended a writ petition for alleged CEQA violations seeking to overturn the City’s approval of the Aries Solar Project (obtained denial of writ)
- Colorado River Indian Tribes v. U.S. Dep’t of the Interior, et al. Defended an action brought by a federally recognized Native American Tribe against the Federal Government to enjoin the development of the Genesis Solar Energy Project for alleged violations of NEPA and the NHPA (obtained denial of preliminary injunction motion in district court and the Ninth Circuit Court of Appeals)
- LIUNA v, Energy Resources Conservation and Development Commission, et al. Defended an action brought by a coalition of labor unions against the California Energy Commission for alleged CEQA violations concerning the CEC’s certification of the Blythe Solar Energy Project in the California desert (obtained dismissal of all claims)
- Wind Energy Partnership, et al. v. NextEra Energy Resources, LLC, et al. Defended an action brought by a wind energy company against the City of Palm Springs and NextEra for alleged nuisance and due process violations (obtained dismissal of all claims against NextEra, summary judgment on the remaining claim against the City)
- Defended two actions brought by environmental groups in California Superior Court against the County of Kern to enjoin the development of the 162-megawatt North Sky River Wind Energy Project in the Tehachapi Wind Resource Area for alleged violations of CEQA (obtained denial of preliminary injunction motion and writ in both actions)
- California Unions for Reliable Energy v. U.S. Dep’t of the Interior, et al. Defended an action brought by a coalition of labor unions against the Federal Government to enjoin the development of the Genesis Sol.ar Energy Project for alleged NEPA violations (obtained dismissal of all claims)
- Defended landowner actions in Iowa and Illinois for alleged nuisance and contract claims concerning wind energy projects
- Defended, on behalf of one of the largest shopping center developers, a quiet title action concerning a multimillion-dollar property in Southern California
- Center for Biological Diversity, Inc. v. FPL Group, Inc., et al. Defended, on behalf of renewable energy development companies, a multimillion-dollar unfair competition and public trust case brought by an environmental group based upon the alleged avian impacts at the Altamont Pass Wind Resource Area (obtained dismissal of the action which was affirmed on appeal)
- Luz Solar Partners Ltd., III, et al. v. San Bernardino County et al. Prosecuting on appeal a multimillion-dollar property tax action against the County concerning the California Revenue and Taxation Code’s solar project exemption
- Zuni Solar, LLC v. Swinerton Builders. Prosecuting an action for breach of an EPC agreement in the Southern District of New York.
Business, Entertainment and Trust Litigation Representative Experience
- Luko v. eHarmony, Inc. Defended class action alleging violation of consumer privacy statute (obtained dismissal of the action)
- Utility Consumers Action Network v. Albertsons, Inc., et al. Defended, on behalf of a major pharmaceutical company, a multimillion-dollar unfair competition claim based on the company's alleged involvement in a prescription refill reminder program with prominent pharmacies
- Fremont Indemnity Co. v. Fremont General Corp., et al. Defended, on behalf of a financial services holding company, a multimillion-dollar fraud and unjust enrichment claim based on the company's alleged misappropriation of its subsidiary's net operating losses
- Katzke v. Gannon, et al. Defended, on behalf of a children's entertainment company, a multimillion-dollar unfair business practices case concerning a children's trading card game and web site
- DirecTV, Inc. v. Brightpath, LLC. Prosecuted indemnity claims arising from the sale of membership interests in the multimillion-dollar sale of a home service provider
- In re 1995 Cook Familty Trust, et al. Defended the trustee in one of the largest trust litigations ever in the State of Nevada concerning the distribution of trust proceeds (approximately $500 million) arising from the sale of Kelley Blue Book
- Jones v. Universal Network Television, LLC, et al. Defended wrongful termination, sexual harassment and retaliation claims brought against the supervisors of the props department on the television show “House"
- Warner/Chappell Music, Inc. v. Cardinali, et al. Prosecuting an action in the Southern District of New York concerning the world-wide copyrights to the Porgy and Bess compositions
Spending time with his family and exercising.