Overview
Bethany Kristovich is a litigator and trial lawyer focused on complex civil litigation, with a particular emphasis in high stakes trials and appeals.
She has represented some of the nation’s largest companies, law firms and private equity firms in their most sensitive, complex and urgent matters.
Recognized by Chambers USA for her acumen as a litigator, Bethany has advised on a wide variety of disputes – including those involving consumer protection, product defect and mass tort claims and class actions. She has particularly deep experience advising lawyers and law firms on professional liability matters.
Bethany brings a trial lawyer’s instinct to developing a case strategy with an eye toward achieving the client’s goal. A client once noted that Bethany “. . . is a tremendous litigator, and she catches us off guard when she is being practical but aggressive in a very approachable way.”
Since joining Munger, Tolles & Olson, Bethany has had a counsel-table role at numerous high stakes trials and arbitrations, two of which were class action trials in which the plaintiffs sought more than $1 billion dollars in damages. She has also been called upon to defend against numerous applications for preliminary injunction.
Originally from Louisiana, Bethany grew up near her family’s tree farm. Her earliest experience as a lawyer included service as a public defender in the aftermath of Hurricane Katrina. In her free time, she enjoys running and boxing.
Experience
Complex Civil Litigation
Individual Actions
Juul Labs Inc. in multidistrict litigation involving novel product liability claims and allegations regarding its marketing practices. To date, the company has settled with 48 states and territories for more than $1 billion. Lawsuits still remain in California.
MGM Resorts International in obtaining dismissal of a putative class action claiming breach of contract and unjust enrichment because the machines for cashing out winning tickets at MGM’s Beau Rivage Resort and Casino provided only whole dollar amounts.
MGM in noteworthy civil litigation arising from the Oct. 1, 2017, mass shooting at the Route 91 Harvest Festival in Las Vegas. Bethany led every aspect of the case, both in court and in mediation, that resulted in a settlement of plaintiffs’ claims.
Pacific Gas & Electric (PG&E) as lead counsel in the civil cases arising from the 2021 Dixie Fire, the largest wildfire in California history.
Lonestar Airport Holdings, a portfolio company of Oaktree Capital Management, in winning a $90 million condemnation award after the City of Austin terminated Lonestar’s 40-year agreement to operate, and participate in the expansion of, South Terminal at Austin-Bergstrom International Airport. The award is 50 times larger than the $1.8 million the city had offered via a condemnation process.
A tobacco company in the successful defense of a three-month California consumer class action trial relating to the marketing of “light” cigarettes. Plaintiffs recovered nothing on their claims, and the judgment was affirmed on appeal. This victory was recognized by the Daily Journal as a Top Defense Verdict of 2013.
Occidental Chemical Corporation in significant environmental litigation and trial arising out of the Bayou Corne sinkhole in Assumption Parish, Louisiana.
KB Home in achieving a pre-trial arbitration settlement to a $100 million construction defect claim concerning a large condominium development in Redwood City, California.
Class Actions
Universal City Studios, Inc., a subsidiary of NBCUniversal, in denying certification of a class action lawsuit alleging that plaintiffs were deceived into renting the motion picture Yesterday because the trailer included an actor who did not appear in the film. The plaintiffs settled and dismissed their case.
Intel in obtaining a settlement in a certified class action brought on behalf of several million purchasers of computers containing the first version of the Pentium 4 processor alleging violations of the Unfair Competition Law.
Professional Liability Litigation
An AmLaw 100 firm in obtaining a dismissal with prejudice of a complaint seeking billions of dollars against the law firm. Bethany and her colleagues successfully defended the win through appellate review.
A law firm in obtaining dismissal from a RICO claim and several state-law claims alleged in the course of handling litigation for a healthcare client. After the MTO team sent a Rule 11 letter to the plaintiffs, they agreed to dismiss the firm’s partners from the complaint.
A major national law firm in a lawsuit alleging violations of the California False Claims Act.
More
- Chambers USA, General Commercial Litigation, 2024-2025
- Top 100 Lawyers in California, for her work involving bet-the-company litigation, professional liability defense and some of the largest mass tort cases of the last five years, Daily Journal, 2023-2024
- 500 Leading Litigators in America, for complex civil litigation, especially class action, Lawdragon, 2022-2025
- Leaders of Influence: Thriving in Their 40s, Los Angeles Business Journal, 2024
- Women of Influence: Attorneys, Los Angeles Business Journal,2024
- Leading Commercial Litigator, Daily Journal, 2024
- Top Women Lawyers, California, Daily Journal, 2020-2024
- Women in Law – USA honoree, Lawyer Monthly Legal, 2020
- “Rising Star” by Super Lawyers, 2015-2018
- Top 20 Lawyers Under 40, California, Daily Journal, 2015
- Part of the trial team for a tobacco company that helped the firm win Law360’s Class Action Practice Group of the Year award, 2013
- Fellow of the American Bar Foundation
- Board member, Legal Aid Foundation of Los Angeles (LAFLA)
- Board member, Friends of the LA County Law Library
- Member, Commission on Judicial Nominees Evaluation, appointed by the Board of Trustees, State Bar of California, 2019-2022
- Member, professional development committee, American Bar Association Section of Litigation
- Board member, California Women’s Law Center
- Past member of the advisory board of the Western Center on Law and Poverty.
- As a former debater, she volunteers for the Los Angeles Metropolitan Debate League, an organization that encourages high school students in urban schools to participate in debate.
Publications
- Interview, “How Defending Law Firms Shaped This Trial Lawyer’s Approach,” AmLaw Litigation Daily, Jan. 19, 2024
- Interview, “Lawyers are Lovely as Clients,” AmLaw Litigation Daily, January 18, 2024
- Quoted, “Covington May Face Uphill Battle if it Appeals SEC Win,” Law360, July 25, 2023
- Quoted, “SEC’s Covington Demand Casts Cloud on Atty-Client Privilege,” Law360, Jan. 12, 2023
- “How Deal Lawyers Can Avoid Litigation When a Transaction Goes Bad,” The Recorder, Aug. 24, 2022
- Quoted, “Legal Malpractice Claims Will Rise in 2020, Warn Experts,” Daily Journal, Nov. 16, 2020
- “How Attys Can Guard Against Rising Settle-and-Sue Claims,” Law360, Oct. 26, 2020
- “Safeguards Against Legal Malpractice Liability as Claims Rise,” Law360, Aug. 14, 2020
- “Planning, Drafting & Executing Effective Cross-Examinations,” Daily Journal, Feb. 21, 2018
- “Taking and Defending Depositions You Can Actually Use,” Law360, Jan. 8, 2018
- “Calif. High Court Goes Against the Arbitration Grain,” Law360, Aug. 23, 2016
Speaking Engagements
- Speaker, ABA’s National Conference on Professional Responsibility, May 29, 2024
- Speaker, “Legal Malpractice Defense: Lessons From the Trenches,” Practising Law Institute (PLI), May 23, 2024
- Speaker, “Hot Topics in Trade Secrets Protection, Enforcement, and Litigation,” Sandpiper Partners LLC conference, April 2024
- Guest, “Law, Disrupted” podcast with John Quinn, March 2024
- Guest, “The Trial Call 10” podcast with Jim Crosby, July 2023
- Speaker, Complex Claims & Litigation Forum, “Litigation Showdown: What Are the Best Tips & Tricks To Get Through Litigation,” Feb. 27, 2023
- Speaker, “Current Litigation Trends in Sports & Entertainment,” Association of Corporate Counsel Networks, May 17, 2022
- Speaker, “Understanding, Avoiding, and Litigating Sanctions,” ABA Fall 2021 National Legal Malpractice Conference, Sept. 23, 2021
- Speaker, “Impacts of COVID-19 on Federal and State Enforcement Actions and Clean-Ups: Force Majeure in the COVID Era,” Environmental & Energy, Mass Torts, and Products Liability, Litigation Committees’ Joint, Virtual Regional CLE Program, American Bar Association, Jan. 28, 2021
- Panelist, “Impacts of Covid-19 on Federal and State Enforcement Actions and Clean-Ups,” ABA Roundtable, Environmental & Energy Litigation Committee, May 20, 2020
News & Insights
Awards & Recognitions