Kyle A. Withers

• New York University School of Law (J.D. 2007)
• Stonehill College (B.A. English, 2004)
  • Summa Cum Laude

Bar Admissions

• California
• Massachusetts

Court Admissions

• U.S. District Court, Central District of California
• U.S. District Court, Eastern District of California
• U.S. District Court, Northern District of California
• U.S. District Court, District of Massachusetts

Securities Litigation

• Represented a public company against a prime broker in a market manipulation case arising from the intentional naked short-selling of the company’s stock. Obtained a favorable $20-million settlement on the eve of trial.
• Represented officers and directors of a biotech start-up accused of control person liability under Section 20(a) of the Exchange Act. Obtained a walk-away settlement after filing a motion for summary judgment.

Real Estate Litigation

• Represented a real estate developer in asserting construction delay and defect claims against a general contractor and various subcontractors related to the construction of a 170-unit apartment complex in Silicon Valley. Obtained a favorable $7.5 million settlement during the two-month trial.
• Represented commercial property owners in a judicial reference proceeding against a national retailer related to the retailer’s efforts to terminate a commercial lease by claiming that certain approval contingencies had not been met. Obtained a favorable ruling after a four-day evidentiary hearing, and then obtained a favorable post-trial settlement.
• Represented a real estate developer in asserting fraud and contract claims against a former tenant of an East Bay hotel, including claims for millions of dollars in property damages caused by third-party vandals. Obtained a favorable settlement on the eve of trial.
• Represented a Silicon Valley multifamily property owner in defending claims related to a $110-million purchase and sale contract. Obtained a favorable settlement that allowed the property to remain in the family’s hands.
• Represented a tech start-up in a lawsuit against the landlord regarding whether the relevant San Francisco zoning ordinance voided the parties’ commercial lease. Obtained a favorable walk-away settlement shortly after serving discovery.
• Represented a residential landlord in a class action regarding whether certain provisions in residential leases were unlawful. Obtained a favorable settlement after the trial court sustained in a substantial part of the landlord’s demurrer.
• Represented a homeowners’ association in a dispute with a member regarding unpaid annual dues and special assessments. Obtained a favorable settlement shortly after filing the complaint.

Other Litigation

• Represented an orthodontist in a defamation action against a competitor based on social media posts. Obtained a favorable settlement on the eve of trial.
• Represented a real estate broker in a defamation action and related arbitration against “doe” defendants based on social media posts. Obtained a favorable result with all defamatory posts removed by the websites.

• Lubin Olson Niewiadomski is proud to announce 14 attorneys selected to the 2023 Super Lawyers List!