Kristin Westphal

Kristin is a versatile litigator with a depth of legal experience gained from spending time in the trenches and taking cases to trial. Having represented both plaintiffs and defendants in corporate, business, construction, intellectual property and trademark litigation, she has a deep understanding of her clients’ legal needs and an uncanny ability to see around corners. As a creative problem solver and zealous advocate, Kristin is focused on obtaining the best possible outcome for each client.

California remot trials

Courtrooms from Your Couch: How Remote Hearings Are Changing Justice in California

Before the COVID-19 pandemic, I could count my monthly court appearances on both hands. Nowadays, stepping into a courtroom feels almost nostalgic. The pandemic didn’t just shake things up; it flipped California’s justice system on its head. Remote technology made legal proceedings more accessible and efficient.  What began as a temporary fix, born of necessity,

Business litigation

Turning the Tables: The Power of Calling the Defendant as an Adverse Witness

Calling the Defendant as an Adverse Witness As a plaintiff at trial, there is no better way to prove your case than through the mouth of the defendant. Securing statements directly from the defendant can often provide the most compelling evidence for your case. When jurors hear incriminating or contradictory statements from the defendant themselves,

A cassette tape labeled "A" is placed on a clear plastic case next to a pair of over-ear headphones and a cassette player on a white surface.

The Legal Tightrope: Using Secret Recordings in California Litigation

“Everything” is Recorded . .  . . With smartphones in everyone’s pockets, secretly recording conversations has become almost second nature for some. These recordings might seem like the ultimate evidence in legal battles, but beware: they’re usually inadmissible in court and often illegal to obtain. So, what happens when your “smoking gun” is an illegal

California state flag featuring a grizzly bear in front of the california state capitol building with a clear blue sky.

Maximizing California Court Success Through Rule Mastery

The Court Rules are Everything For lawyers, adherence to rules is paramount. Attorneys thrive on structure, order, and, you guessed it, rules. But here’s the thing: being a good attorney isn’t just about knowing the rules; it’s about using them to help our clients succeed. That’s where the real lawyering happens. Great attorneys go beyond

HB logo on gray background

Welcome to the Jungle: The Rise of the Paper Tiger and Aggressive Litigation Tactics

Lawyers Are Becoming Less Civil In the world of litigation, the rise of what I’ve come to call the “paper tiger” has become increasingly prevalent. California Rule of Court 9.7 requires all attorneys to conduct themselves with dignity, courtesy, and integrity, and most states have similar ethical standards in place. The American Bar Association’s Model

Business litigation

Essential Strategies for Business Litigation Success

Business Litigation Strategies Business litigation is like a high-stakes chess game. Success hinges on your ability to make quick decisions, thoroughly evaluate the case, and adapt your strategy on the fly. This blog post will equip you, the attorney, with the essential tools to navigate the complexities of business litigation and achieve optimal results for

Litigation is like basketball and litigators are the players

THE LITIGATION JOURNEY, MARCH MADNESS STYLE

March Madness and The Litigation Journey March Madness. The Sweet Sixteen. The Elite Eight. The Final Four. All of these taglines refer to the NCAA College Men’s Basketball tournament, played in March, that sees a field of 64 teams whittled down to one final game to determine the winner, the National Champion.  So, what does

Evidence spoilation

Evidence Preservation 101: Don’t Let the Delete Button Win!

Stop. Do not hit delete. When a dispute might lead to litigation, it is crucial to press pause on the delete button and press save instead. In California, the duty to preserve evidence triggers when a party reasonably should know of its relevance. There is nothing worse than having to explain in the middle of

international arbitration versus international litigation

U.S. Litigation Basics – What Are Your Options?

United States Litigation Basics When issues come up, most of our international clients believe filing a lawsuit is the only answer. Unfortunately, the United States litigation process is often complicated and expensive – there will be an exchange of information and documents, the taking of depositions, and probably some motion practice along the way –