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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. Court of Appeals, 8th Cir., 2018
U.S. Court of Appeals, 3d Cir., 2023
U.S. District Court, D. Minn., 2017
U.S. District Court, E.D. Wis., 2020
U.S. District Court W.D. Mich., 2021
U.S. District Court, D. Colo., 2019

My Approach

I am passionate about advocating for clients in high-stakes business disputes, in both trials and appeals. My practice spans many industries, and I particularly enjoy cases involving intellectual property and unfair competition. In all of my cases, I strategize to minimize risk, maximize opportunity, and achieve client goals. I make it a priority to clearly and timely communicate with clients, ensuring they are always informed and supported.

Drawing on my clerkship with The Honorable Joan N. Ericksen, U.S. District Court for the District of Minnesota, I have honed my skill in analyzing legal arguments and presenting them persuasively. This experience constantly informs my advocacy, helping me craft compelling themes that resonate with judges, juries, and other key decision-makers.

In my practice to-date, I’ve amassed substantial litigation and appellate experience, leading cases at trial and arguing before high appellate courts— including the Minnesota Supreme Court and Eighth Circuit. I’ve first-chaired three trials and participated in several more. Along the way, I’ve been honored by jurists for “excellent” advocacy and the “care and effort” I bring to my cases. These experiences reflect my commitment to the highest standards of professionalism.

Outside the courtroom, I am a leader in my community, including in both state and national bar associations. I enjoy wine tasting, golfing, biking, hiking, and traveling.

Groundbreaking Moments in My Career

One of my proudest moments came early in my career, when I led a pro bono case defending First Amendment rights. I represented an individual whose access to the public library was unjustly restricted. We developed a creative case strategy, overcame significant procedural challenges, and ultimately secured a favorable settlement that met our client’s goals.

I’ve also had the privilege to represent a large public utility in Minnesota’s first appeal involving electric vehicles, defending the Minnesota Public Utilities Commission’s approval of pilot programs for electric vehicle infrastructure. Our team crafted innovative legal arguments that the Minnesota Court of Appeals upheld, enhancing access to EV charging in the state.

Practice Areas

Practicing Business & Commercial Litigation

My Experience

I represent clients in high-stakes, complex cases, with a focus on corporate disputes, intellectual property issues, and regulatory matters. My work often involves intricate issues that require strategic thinking, cross-jurisdictional coordination, and creative presentations.

Representative Matters

• False Advertising Class Action: Represented a national company in a false advertising class action involving both suppliers and retailers, with claims related to false designation of origin.
• Deceptive Trade Practices and Consumer Fraud: Represented a national real estate and housing company in a case alleging deceptive trade practices, consumer fraud, and false advertising.
• False Advertising Dispute: Represented an environmental technologies company in a false advertising lawsuit against a major competitor.
• Directors & Officers Insurance Coverage: Represented an insurance company in complex coverage actions under a Directors & Officers (D&O) policy for lawsuits involving alleged fraud. These actions involved multiple experts, third-party witnesses, thousands of documents, and more than a dozen depositions.
• Trademark Infringement: Represented a medical services provider in a trademark infringement action, including obtaining a preliminary injunction against a national competitor.
• Non-Compete and Trade Secrets Enforcement: Represented an industrial services company in a case to enforce a non-compete agreement and address misappropriation of competitive trade secrets.
• Consumer Fraud Class Action: Represented a restaurant group in a consumer fraud class action related to fees charged to patrons.
• Securities Fraud: Represented a securities brokerage firm in a case involving allegations of conspiracy, fraud, and aiding and abetting fraud.
• Deceptive Trade Practices in Insurance: Represented an insurance company and administrator in multiple actions involving allegations of deceptive trade practices and fraud related to crop insurance.
• Breach of Warranty in International Project: Represented a window fabricator in a multi-million dollar breach of warranty lawsuit related to an international project.
• Federal Antitrust Litigation: Represented a manufacturing company in a $200 million federal antitrust lawsuit involving patents, sham litigation, discount bundling, and exclusive dealing.
• Fraudulent Transfer Litigation: Represented a large foreign bank in one of the largest fraudulent transfer Ponzi scheme cases in the country.
• Class Action and Professional Negligence: Represented an insurance intermediary in a multi-million dollar class action involving claims of professional negligence, fraud, and breach of fiduciary duties.
• Patent Infringement and Counterfeiting: Represented a software and hardware manufacturer in a multi-million dollar federal infringement and counterfeiting matter.
• Internal Fraud Investigation: Represented a private association in an internal investigation of employee embezzlement and fraud.
• Healthcare Reimbursement Dispute: Represented a diagnostic testing provider in a dispute against insurers related to the recovery of reimbursement under the CARES Act.
• Trademark Infringement in Printing Industry: Represented a printing company in a trademark infringement action against a major international competitor.
• Constitutional Challenge to Campaign Finance Law: Represented a non-profit organization in challenging the constitutionality of a state law that prohibited political contributions from domestic corporations, successfully obtaining a preliminary injunction to prevent the statute from taking effect.
• Complex Insurance Coverage Litigation: Represented an insurance company in connection with three complex Directors & Officers policy coverage matters, including fraud-related actions in both state and federal courts.
• Trademark Infringement in the Printing Industry: Represented a large commercial printing services provider in a trademark dispute with a competitor, securing a favorable settlement that protected the client’s intellectual property rights.
• False Advertising and Deceptive Trade Practices Settlement: Represented a client in a high-profile matter involving false advertising and deceptive trade practices related to the marketing of plastic trash bags.
• Opioid Litigation: Acted as local counsel in an ongoing complex lawsuit related to the opioid crisis, involving multiple stakeholders and national media attention.
• Patent Royalties and Executive Disputes: Represented a company in a dispute regarding patent royalties related to humidity control products.
• Unfair Competition and Trade Secret Misappropriation: Defended a national auto parts dealer in a case involving unfair competition and trade secret misappropriation, successfully obtaining a dismissal for lack of personal jurisdiction.
• Consumer Protection Class Action Dismissal: Defended an e-commerce company in a putative class action raising consumer protection claims.
• Contract Dispute and Escrow Recovery: Represented a client in a contract dispute over the release of escrow funds related to sewer expenses at a mobile home park.
• Retaliation and Defamation in Healthcare: Represented a renowned surgeon in a lawsuit for retaliation, defamation, and emotional distress following wrongful suspension of privileges at a healthcare provider.

• Environmental Contamination Litigation: Represented a client in a case involving environmental contamination at an industrial site, seeking recovery of investigation and remediation costs under federal and state environmental laws.

Awards

The Best Lawyers in America© Ones to Watch

Commercial Litigation, 2023-2025

Practicing Appellate

My Experience

My appellate practice spans many industries, including energy, finance, manufacturing, and healthcare. My cases frequently address legal issues that have both specific business impacts and wide-reaching policy implications. I am experienced in navigating complex legal landscapes, and I have a track record of achieving favorable outcomes in high-profile, precedent-setting cases. I am admitted at the U.S. Supreme Court and can handle cases in almost every jurisdiction.

Representative Matters

• Statutory Interpretation – Appointed by the Minnesota Supreme Court, represented a client in a case involving complex statutory interpretation of a law that had not been addressed by the Court. The matter involved key principles of statutory construction with far-reaching implications.
• Environmental Review Appeals – Represented an energy and transportation company in multiple appeals involving the most extensive environmental review in Minnesota history. The case addressed complex regulatory requirements and environmental protections, setting a precedent in the state’s environmental law.
• Electric Vehicle Charging Appeal – Represented a public utility in Minnesota’s first appellate case addressing electric vehicle charging infrastructure. The decision clarified regulatory frameworks for emerging technologies within state public utilities law.
• Fraudulent Transfer and Ponzi Scheme Appeal – Represented investors in the appeal of one of the largest Ponzi schemes in U.S. history, with focus on fraudulent transfer claims. The case involved significant legal issues around asset recovery and investor protection under bankruptcy and fraud laws.
• International Construction Dispute – Represented a large window fabricator in an appeal involving a multi-million-dollar alleged breach of warranty related to an international construction project. The matter involved the interpretation of international trade laws, warranty obligations, and breach claims.
• Commerce Clause and Environmental Laws – Represented energy and construction industry organizations in an appeal concerning the dormant Commerce Clause and the extraterritoriality of Minnesota’s environmental laws. This landmark case had broad implications for state-level environmental regulation and interstate commerce.
• Medical Professional’s Public Discipline Appeal – Represented a medical professional in an appeal following the imposition of public discipline by the Board of Medical Practice. The case focused on administrative law and professional licensure issues, resolving key questions of due process in disciplinary actions.
• Fraud Class Action Amicus Brief – Represented a non-profit organization as amicus curiae in an appeal involving a fraud class action related to credit card processing fees. The case involved complex issues of consumer protection law and class action certification.
• Federal Antitrust Case – Represented a manufacturing company in a $200 million federal antitrust appeal involving patents, sham litigation, discount bundling, and exclusive dealing. The matter involved sophisticated issues of antitrust law, patent infringement, and unfair business practices.
• Judgment Retention Appeal – Represented an investment bank in its appeal to retain a $5 million judgment, focusing on asset protection, judgment enforcement, and financial litigation strategies.
• Appellate Assistance in Trial Matters – Provided appellate assistance to trial counsel on jury instructions, motions in limine, offers of proof, preserving objections, and post-trial motions, ensuring that key issues were properly addressed and preserved for appeal.
• Banking and Surety Priority Appeal – Represented a community bank in a complex appeal involving the priority of security interests and surety bonds in construction projects. The appeal clarified when a bank can perfect its security interest to take priority over a surety in cases of default.
• Unjust Enrichment Appeal – Successfully represented a client in an appeal from a district court ruling regarding unjust enrichment, constructive trust, and other claims tied to real estate. The Minnesota Supreme Court decision established a new precedent on the application of unjust enrichment in real property disputes.
• Negligent Selection of Independent Contractor Appeal – Represented amici business groups advocating for the Minnesota Supreme Court to reject the recognition of negligent selection of an independent contractor as a new cause of action under state law. The Minnesota Supreme Court specifically called out our advocacy and stated it was taking our arguments “seriously” in defining the contours of this new cause of action.
• Public Utility Rate Appeal – Represented a public utility in its appeal of a decision by the Minnesota Public Utilities Commission regarding its return on prepaid pension assets and the retirement of a coal-fired power plant. The case addressed key issues of utility rate-setting and public policy.
• Medical Device Distribution Contract Appeal – Represented the U.S. distributor of a medical device in an appeal after a jury verdict in a distribution agreement dispute.

• Acquisition of Medical Device Company Dispute Appeal – Represented former company founders in an appeal after a breach of contract case concerning a $70 million Unit Purchase Agreement and earn-out provisions.

Awards

The Best Lawyers in America© Ones to Watch

Appellate Practice, 2023-2025

Also experienced in

Intellectual Property Litigation

Coverage Litigation & Counseling

Energy Litigation & Appeals

Financial Services Litigation

Professional Liability

Unfair Competition

Honors & Awards

The Best Lawyers in America© Ones to Watch

Appellate Practice, 2023-2025
Commercial Litigation, 2023-2025

Top Lawyers in Minnesota

Minnesota Monthly, 2024

40 & Under

Benchmark Litigation, 2024

Rising Stars

Minnesota Super Lawyers®, 2022-2024

On The Rise – Top 40 Young Lawyer

American Bar Association, Young Lawyers Division, 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, 2019-2023

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

Vice Chair, Appellate Practice Section Council, 2024-present
Secretary & Treasurer, Appellate Practice Section Council, 2023-2024
Assembly Representative, Appellate Practice Section, 2022-present
Treasurer, Civil Litigation Section Council, 2024-present
Secretary, Civil Litigation Section Council, 2023-2024
New Lawyers Section, Networking & Engagement Committee, 2019-2023
Mentorship Program, Mentor, 2023-present

Federal Bar Association

National Council Delegate, Minnesota Chapter, 2024-present
Co-chair, National Convention Committee, 2023-present
Co-chair, Monthly Luncheons, 2023-2024
Treasurer, 2021-2023
Co-chair, Newer Lawyers Committee, 2018-2020
Intellectual Property Committee, 2020-present
Golf Tournament Committee, 2021-present
Mentorship Program, Mentor, 2020-2021

American Bar Association

Resolutions Team, Young Lawyers Division, 2023-2024
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

Minnesota Branch of the Eighth Circuit Historical Society

Treasurer, 2022-present

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.

Artificial Intelligence Committee, 2024-present
Cybersecurity Committee, 2022-2023
Pro Bono Committee, 2022-2023
Technology Committee, 2020-2021

American Mock Trial Association

Volunteer Presiding Judge, 2013-present

City of Minneapolis Ethical Practices Board

Chair, 2021-2022
Vice Chair, 2021

Mission Ponds Home Owner Association

Treasurer, 2023-present
Secretary, 2022-2023

Hennepin County Bar Association

Co-chair, Wine Club, 2018-2021

Minnesota Lavender Bar Association

Member