Bethany W. Kristovich 

Bethany W. Kristovich specializes in complex civil litigation. Lately, some of it has proven so complex that she has needed to rely on expert co-counsel from outside Munger Tolles.

In a case defending a Pillsbury Winthrop Shaw Pittman LLP partner against allegations of malpractice, she turned to a bankruptcy expert in Delaware, and in a case dealing with a Los Angeles investment firm's stake in the Austin-Bergstrom International Airport, she sought help from a specialist in Texas condemnation law.

"My practice has actually exploded and expanded since I've developed the confidence to not need to know everything about every area of law," Kristovich said. "Working with and relying on knowledgeable co-counsel has really been one of the more rewarding aspects of my practice this year."

The two cases also are types she enjoys in other ways. In both, the clients are professionals. And both required her to be a quick study to learn about the underlying dispute.

For Pillsbury, "I had to come up to speed in a matter of six to eight weeks on issues of bankruptcy law and hotel management."

The law firm had represented a company that owned a hotel that was pushed into bankruptcy by the pandemic and a dispute with the company that actually operated the hotel. The owner's Chapter 11 plan released Pillsbury from potential legal claims, but then with new counsel, the company moved to amend the plan in order to sue for malpractice. The bankruptcy judge said no.

Kristovich was brought in when the company appealed to the District Court in August last year. This past March, the District Court affirmed. In re: SC SJ Holdings LLC, 1:22-cv-00689 (D. Del., filed May 27, 2022).

In the airport case, she represents Oaktree Capital Management, which among its investments, has a 40-year lease to operate the Austin airport's South Terminal. Seeking to expand the main terminal, the city moved to condemn the lease for a $1.8 million payment. Kristovich was brought in when negotiations failed. She sued the city for breach of contract. Lonestar Airport Holdings LLC v. City of Austin, 1:22-cv-00770 (W.D. Tex., filed Aug. 1, 2022).

She also filed a unique state court action in which a special commissioner sets the value of condemned property. He evaluated the lease at $90 million. Under Texas condemnation law, "if they want the property, they have to pay that amount," Kristovich said. "We believe it to be the biggest commissioner's award in Texas history."

Also keeping her busy lately is defending MGM Resorts in a pair of new class actions alleging the hotel chain works with others to fix prices using software. "They basically are a modern take on an old-school cartel case" absent backrooms. Gibson v. MGM Resorts International, 2:23-cv-00140 (D. Nev., filed Jan. 25, 2023).

And for Pacific Gas & Electric, Kristovich is settling and preparing to try a series of bellwether cases from the 2021 Dixie Fire.

-- Don DeBenedictis