Bethany W. Kristovich specializes in what she calls "crisis cases" as a litigation partner at Munger, Tolles & Olson LLP. She's been with the firm for almost 16 years, following law school and a clerkship for the late U.S. District Judge Edward Rafeedie of Los Angeles.
"I wouldn't be where I am today without Judge Rafeedie," she said. "Instead of requiring long bench memos, he taught me to crystalize my thinking about cases by distilling every motion into a short recommendation."
That helps when urgent matters arise. "As for crisis cases, I've carved out a practice where clients come to me in one-off situations that are usually based on multiple failures of some kind. You have to identify all the different goals and all the different levers available to achieve them. I specialize in avoiding a crash and helping land the plane."
In April 2022, Kristovich and a Munger Tolles team announced an innovative settlement for client PG&E Co. in civil and criminal claims over the 2021 Dixie Fire--the second largest wildfire in state history--in five Northern California counties. People v. Pacific Gas & Electric Co., CV2-00061 (Plumas Co. Super. Ct., filed Sept. 15, 2021).
The $55 million deal includes various types of relief plus a first-of-its-kind rapid claims process, developed by Kristovich's team and PG&E, that seeks to pay victims directly within three months of filing for relief. "We included an incentive for residents to rebuild," she added, "by adding an extra $50,000 payment to claimants who do so."
"You approach a crisis like this with humility," she said. "What is most rewarding to me is to get to learn and to help solve problems."
When law firms get sued, Kristovich is available to help. "It's a part of our practice I'm very proud of," she said. "More and more, people blame their lawyers when things go wrong."
In December 2021, she negotiated a favorable settlement for Reed Smith LLP after the firm was sued by an ex-client found liable for more than $20 million in an elaborate stock trading scheme. The ex-client claimed the firm had a conflict. Kristovich's forensic investigation turned up forged financial papers. Dorey v. Reed Smith LLP et al., SC128612 (L.A. Super. Ct., filed Dec. 27, 2017).
"He made up a fake document," Kristovich said. "We sought terminating sanctions and the discovery referee recommended them. And the settlement reflected that."
She obtained a similarly favorable deal for Katten Muchin Rosenman LLP in a closely-watched case over its handling of client CashCall Inc. in the fallout from its faulty consumer lending scheme. CashCall sued Katten for $11 billion on malpractice claims, but Kristovich developed evidence that CashCall was aware of the risks of its lending model. The parties settled on the day before jury selection was to begin.
CashCall Inc. v. Katten Muchin Rosenman LLP, 30-2017- 00914968 (O.C. Super. Ct., filed April 14, 2017).
- John Roemer
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