Kyle A. Withers

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

Representative Matters

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.

Kyle Withers is the Chair of the Litigation Department and a partner in Lubin Olson’s Litigation, Commercial Litigation, and Real Estate Litigation service groups. He specializes in complex commercial litigation with an emphasis on real estate litigation and general business litigation. Mr. Withers has litigated a wide range of commercial disputes at Lubin Olson, including cases involving partnership disputes, commercial lease disputes, securities fraud, defamation and business disparagement, misappropriation of trade secrets, attorney-client fee disputes, construction defects and delays, fraudulent non-disclosure claims, and contract disputes. 

Mr. Withers has extensive courtroom experience, including dozens of arguments and eight trials in federal and state courts. Mr. Withers has worked on groundbreaking cases that have been covered extensively by leading publications, including The Wall Street Journal, The New York Times, the San Francisco Chronicle, the San Francisco Business Times, and The Recorder. 

He is a member of the Edward J. McFetridge American Inn of Court and the Association of Business Trial Lawyers, Northern California Chapter, as well as the Bar Association of San Francisco and the Marin County Bar Association.

In 2023 and 2024, Mr. Withers was honored by Thomson Reuters as a Northern California “Super Lawyer,” which followed 10 consecutive years of recognition as a Northern California Super Lawyer “Rising Star.”

Prior to joining Lubin Olson, Mr. Withers practiced in the Litigation departments of Gibson, Dunn & Crutcher LLP and Ropes & Gray LLP.