Kristin Herber is a versatile litigator and business attorney representing a variety of companies in state and federal courts. She concentrates her practice on three areas: intellectual property, including copyright and trademark protection; employment-related disputes; and general commercial litigation, especially commercial lease disputes.
Intellectual Property
Ms. Herber, a partner in the firm’s Intellectual Property practice group, assists clients with their intellectual property needs, including trademark, service mark, trade dress, and copyright matters. She has:
- Prescreened and searched proposed marks for both infringement and registerability, as well as domain name availability;
- Prepared and prosecuted U.S. trademark and service mark registration applications;
- Filed post-registration actions, including declarations of use and renewal applications;
- Identified all trademark, service mark, trade dress, domain names, and other brand-based assets through audits; and
- Registered for copyright protection and, when needed, issued cease-and-desist letters.
Occasionally litigation becomes unavoidable. Ms. Herber has successfully represented clients in disputes centering on the alleged infringement of copyright-protected and trademark-protected content and the misappropriation of trade secrets.
Representative Cases
- Defended a Canadian telecommunications company in a copyright infringement suit regarding the acquisition of proper licenses.
- Defended an auto dealer in a trademark infringement suit.
Employment Litigation
Ms. Herber has defended employers from allegations of sexual harassment, sexual and age discrimination, and violations of the American with Disabilities Act. As an example, she recently obtained a defense verdict on behalf of a local retailer/distributor against claims brought by its former Human Resources Director. The claims against the company included claims for vicarious liability arising out of the incident, a claim for negligent hiring and supervision, and claims for gender discrimination, hostile work environment, and retaliation under Title VII of the Civil Rights Act of 1964. Some of the claims were resolved in favor of the company on a motion for summary judgment. After a ten-day jury trial, the jury returned a verdict in favor of the company on the remaining claims.
Commercial Lease Disputes
Since being admitted to practice in Maryland, Ms. Herber has been representing commercial landlords in cases resulting from tenants’ failure to meet obligations under lease agreements. Deeply familiar with her clients’ businesses, the conditions of the local real estate market, and all relevant state law, she is uniquely able to counsel landlords regarding the various options available to them. When appropriate, she can restructure lease agreements for the mutual benefit of landlords and tenants.
Leadership
Ms. Herber is a member of the Board of Directors of the Pro Bono Resource Center of Maryland, Inc., the statewide coordinator of volunteer legal services - promoting equal access to justice in Maryland. She is also a member of the Board of Directors of the Govans Ecumenical Development Corporation, a non-profit that provides housing and other humanitarian services to needy Baltimoreans, where she chairs the organization’s CARES Committee, which oversees its emergency outreach center.
She serves on the Board of Advisors of the Maryland Public Interest Law Project, a student-run organization devoted to increasing awareness of public service opportunities for law school graduates. Additionally, she handles pro bono cases through Maryland Volunteer Lawyers Services and is on the Pro Bono Committee of the Bar Association of Baltimore City.
She is a member of the Commercial Litigation and Women in Law Committees of Defense Research Institute. She is also a member of the Executive Committee of Maryland Defense Counsel, Inc., where she serves on the Programs and Membership Subcommittee.
In 2012, Ms. Herber was named one of Maryland’s Top 100 Women by The Daily Record. This annual award recognizes leadership roles and other outstanding achievements of professional women who reside and work in Maryland and who are making an impact on the state. In 2010, Ms. Herber was honored as one of the "Leading Women" in Maryland by The Daily Record. Honorees, who are 40 or younger, were selected for the tremendous accomplishments they have made so far in their careers. Since 2009, Ms. Herber has been recognized by Maryland Super Lawyers magazine as a "Rising Star" for her business litigation practice.
After graduating from the University of Maryland School of Law, Ms. Herber served as judicial law clerk to The Honorable Arrie W. Davis of the Court of Special Appeals of Maryland.
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