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Kyle R. Kroll

I think as a person of action and act as one of thought.

Contact: P /612.604.6598E /[email protected]

Education

University of Minnesota Law School, J.D., Civil Litigation Concentration, magna cum laude, 2016

• Order of the Coif
• Editor, Minnesota Law Review
• Top-grade “Book Awards” in Civil Procedure I and Intellectual Property

University of Minnesota Carlson School of Management, B.S.B., Entrepreneurial Management and Philosophy, summa cum laude, 2013

• Student Representative to the Board of Regents

Bar Admissions

Minnesota, 2016

U.S. Supreme Court, 2023
U.S. District Court, W.D. MI, 2021
U.S. District Court, E.D. Wis., 2020
U.S. District Court, D. Colo., 2019
U.S. Court of Appeals, 8th Cir., 2018
U.S. District Court, D. Minn., 2017

My Approach

There’s nothing I enjoy more than advocating for others and presenting their best case. My practice is focused on representing clients in business matters, especially in banking, food and beverage, manufacturing, insurance, technology, and energy sectors. These business clients trust me to work on their complex cases involving trade practices, false advertising, intellectual property and more—in both trials and appeals.

My litigation style is collaborative, creative, thorough, and proactive. My goal is to work harder and smarter than anyone else for my clients, and to do so in accordance with the highest standards of quality and excellence. My business education helps me quickly grasp clients’ challenges and interests, and also informs my case strategy and advice. I proactively watch out for my clients’ interests by keeping abreast of new developments affecting their businesses. I also frequently publish and present to local and national audiences. Utilizing my knowledge, resourcefulness, creativity, and connections, I provide my clients with up-to-date advice and the answers they need, and I am adept at making complex concepts easy to understand and accessible to audiences ranging from judges to juries.

Prior to joining Winthrop & Weinstine, I clerked for The Honorable Joan N. Ericksen in the U.S. District Court for the District of Minnesota. I regularly draw on my clerkship experience to scrutinize legal arguments, write with precision, and persuasively frame and tell the client’s story. I developed a useful perspective on navigating complicated court systems and judicial decision-making that informs my advocacy today.

I am a people person and active in my communities, including serving as a leader in state and national bar associations. In my free time, I enjoy wine tasting, golfing, biking, and traveling.

Groundbreaking Moments in My Career

I had the privilege to represent a large public utility in Minnesota’s first appeal involving electric vehicles. Special interests challenged the Minnesota Public Utilities Commission’s approval of innovative pilot programs the utility had proposed for offering infrastructure and electric service to charge electric vehicle batteries. The appeal involved new and thorny questions of statutory interpretation, jurisdiction, and agency authority. I gladly took on the challenge! I thoroughly researched Minnesota statutes and precedent and devised numerous creative arguments in support of the Commission’s approvals. I was instrumental in drafting persuasive briefing in the appeal and preparing for oral argument. The Minnesota Court of Appeals agreed with our arguments. I am proud that this ruling has enhanced access to electric vehicle charging in Minnesota.

One of my proudest early moments was serving as lead attorney on a pro bono constitutional case for violations of the First Amendment. I represented a civilly-committed person whose access to the public library through the U.S. mail had been unjustly cut off. I formulated the case strategy, lead a case team, directly advised the client, successfully opposed the defendant’s motion to dismiss, and aggressively pursued discovery. We worked with witnesses and compiled documents to creatively build our case, and I even found a pro bono expert witness. By the time of the mediation facilitated by the Court, we had a major advantage, and the case settled with my client achieving his goals. I am proud to have helped defend the Constitution on behalf of those in need.

Practice Areas

Practicing Business & Commercial Litigation

Representative Matters

• Representation of national food company in false advertising class action involving both suppliers and retailers and claims of false designation of origin.
• Representation of national real estate and housing company in case alleging deceptive trade practices, consumer fraud, and false advertising.
• Representation of environmental technologies company in false advertising suit against major competitor.
• Representation of major insurance company in coverage action under directors & officers (D&O) policy for lawsuits involving alleged fraud.
• Representation of medical services provider in trademark infringement action, including by obtaining a preliminary injunction against national competitor.
• Representation of industrial services company in action to enforce a non-compete agreement and respond to misappropriation of competitive trade secrets.
• Representation of restaurant group in alleged consumer fraud class action related to fees charged patrons.
• Representation of securities brokerage firm in case involving alleged conspiracy, fraud, and aiding and abetting fraud.
• Representation of insurance company and administrator in multiple actions involving allegations of deceptive trade practices and fraud related to crop insurance.
• Representation of window fabricator in multi-million dollar alleged breach of warranty lawsuit related to an international project.
• Representation of manufacturing company in a $200 million federal antitrust lawsuit involving patents, sham litigation, discount bundling, and exclusive dealing.
• Representation of large foreign bank in one of the largest fraudulent transfer Ponzi scheme cases in the country.
• Representation of insurance intermediary in the life insurance industry in a multi-million dollar class action involving claims of professional negligence, fraud, and breach of fiduciary duties.
• Representation of software and hardware manufacturer in a multi-million dollar federal infringement and counterfeiting matter.
• Representation of private association, internally investigating claims of employee embezzlement and fraud.
• Representation of diagnostic testing provider against insurers related to recovery of reimbursement under the CARES Act.
• Representation of printing company in trademark infringement action against major international competitor.

Awards

The Best Lawyers in America© Ones to Watch

Commercial Litigation, 2023-2024

Practicing Appellate

Representative Matters

• Represented a client in the rare situation as counsel appointed by the Minnesota Supreme Court, in a case involving a complex statutory interpretation of the law that had never yet been addressed by the Court.
• Representation of energy and transportation company in multiple appeals involving the most extensive environmental review in Minnesota history.
• Representation of public utility in first case in Minnesota involving electric vehicle charging.
• Representation of investors in appeal involving one of the largest Ponzi schemes in U.S. history and fraudulent transfer claims.
• Representation of large window fabricator in appeal involving multi-million dollar alleged breach of warranty related to an international project.
• Representation of energy and construction industry organizations in appeal involving the dormant Commerce Clause and the extraterritoriality of Minnesota environmental laws.
• Representation of medical professional in appeal from the Board of Medical Practice imposing public discipline.
• Representation of amicus curiae non-profit organization in appeal involving a fraud class action based on credit card processing fees.
• Representation of manufacturing company in a $200 million federal antitrust lawsuit involving patents, sham litigation, discount bundling, and exclusive dealing.
• Representation of investment bank to retain a $5 million judgment.
• Representation as appellate assistance to trial counsel, assisting with jury instructions, motions in limine, offers of proof and preserving objections, and post-trial motions.

Awards

The Best Lawyers in America© Ones to Watch

Appellate Practice, 2023-2024

Also experienced in

Intellectual Property Litigation

Coverage Litigation & Counseling

Energy Litigation & Appeals

Financial Services Litigation

Professional Liability

Unfair Competition

Honors & Awards

On The Rise – Top 40 Young Lawyer

American Bar Association, Young Lawyers Division, 2023

The Best Lawyers in America© Ones to Watch

Appellate Practice, 2023-2024
Commercial Litigation, 2023-2024

Rising Stars

Minnesota Super Lawyers®, 2022-2023

Notable Emerging Star in Law

Twin Cities Business, 2022

Outstanding New Lawyer of the Year

Minnesota State Bar Association, 2020

Up & Coming Attorney

Minnesota Lawyer, 2021

Star of the Quarter

American Bar Association, Young Lawyers Division, 2021

MSBA North Star Lawyer

Pro Bono Service, 2019-2022

Committee Leader of the Year

MSBA New Lawyers Section, 2020 & 2021

Top Author - Trademarks

JD Supra Readers’ Choice Awards, 2019

President’s Student Leadership and Service Award

University of Minnesota, 2015 & 2016

FBA StepUp Pro Bono Challenge Honoree

Pro Bono Service, 2020

HCBA Centennial Pro Bono Challenge Honoree

Pro Bono Service, 2020

Associations & Memberships

Minnesota State Bar Association

Secretary & Treasurer, Appellate Practice Section Council, 2023-present
Assembly Representative, Appellate Practice Section, 2022-present
Secretary, Civil Litigation Section Council, 2023-present
New Lawyers Section, Networking & Engagement Committee, 2019-2023

Federal Bar Association

Co-chair, Monthly Luncheons, 2023-present
Treasurer, 2021-2023
Co-chair, Newer Lawyers Committee, 2018-2020
Intellectual Property Committee, 2020-present
Golf Tournament Committee, 2021-present

American Bar Association

Minnesota’s Young Lawyer to the House of Delegates, 2021-2023
Assembly Representative, Young Lawyers Division, 2020-2023
National Conferences Team, Young Lawyers Division, 2021-2022
Membership Board, Young Lawyers Division, 2020-2021

Hennepin County Bar Association

Co-chair, Wine Club, 2018-2021

Eighth Circuit Bar Association

Education Committee, 2020-present

University of Minnesota Student Legal Service Board of Directors

Hennepin County Representative, 2017-present

University of Minnesota Law School

Adjunct Professor, ABA Moot Court Team, 2021-2022
Adjunct Professor, Legal Writing, 2018-2021

The Minneapolis Club

Young Professionals Group, 2022-present
Member, 2019-present

Winthrop & Weinstine, P.A.

Cybersecurity Committee, 2022-present
Pro Bono Committee, 2022-2023
Technology Committee, 2020-2021

American Mock Trial Association

Volunteer Judge, 2013-present

City of Minneapolis Ethical Practices Board

Chair, 2021-2022
Vice Chair, 2021

Mission Ponds Home Owner Association

Secretary, 2022-present

Minnesota Branch of the Eighth Circuit Historical Society

Treasurer, 2022-present