Kayla D. Dreyer

Partner

  • location icon Denver, CO
    1700 Lincoln Street
    Suite 4000
    Denver, CO 80203

Kayla Dreyer is a partner in the Denver office of Lewis Brisbois, whose practice focuses on trade secrets and commercial litigation and employee mobility disputes, as well as traditional labor and employment issues.

Kayla’s practice is truly nationwide, as she regularly litigates and represents clients in jurisdictions throughout the United States. She retains deep ties throughout her home state of Texas, as well as New Mexico (where she completed a federal judicial clerkship before moving to Colorado).

Giving back to the community has always been one of Kayla's priorities. She is currently an officer on the Colorado Bar Association Litigation Section Council, and has served in numerous leadership roles with the Junior League of Denver. In her leisure time, Kayla enjoys hiking, skiing, running, vegan cooking, and traveling. She is an avid sports fan, and you will often find her cheering on the Texas Longhorns or at a Colorado Rockies game.

Publications

  • Co-editor and co-founder of Lewis Brisbois’ Labor & Employment weblog, The Grindstone
  • Co-founded the CBA Litigation Section’s Litigator’s Summit 
  • Discovery, CBA’s Practitioner’s Guide to Colorado Employment Law (4th Ed.)   
  • Protecting Your Trade Secrets During a Crisis, Apr. 10, 2020 
  • Colorado Supreme Court Rules Judge-Made Economic Loss Rule Does Not Bar Recovery for Concurrent Civil Theft, Breach of Contract Claims, June 17, 2019 
  • Beginning 2021, Colorado’s Equal Pay for Equal Work Act Will Impose New Requirements on Employers’ Hiring, Promoting, and Record-Keeping Practices, June 14, 2019 
  • Starting September 1, 2019, Colorado Will “Ban the Box” That Inquires Into Job Applicant Criminal History, June 12, 2019
  • Sessions’ Marijuana Memo Reminds Colorado Employers They Are Not Out of the Federal Weeds, January 23, 2018
  • Wilson Elser Punitive Damages Review: 2018 Update (uncredited author) 
  • “Preservation and Sanctions,” Wilson Elser 2018 ESI Case Law Update (uncredited author) 
  • Colorado Supreme Court: Insurers Need Not Show Prejudice to Enforce No-Voluntary-Payments Provision Insurance Policy, May 3, 2016

Pro Bono & Philanthropy

  • Chair-Elect, Colo. Bar Assoc. Litigation Section 
  • Board of Directors, Bella Boutique (nonprofit that provides low-income teens prom wear) 
  • Training Council Research & Development Chair, General Meetings Chair, Junior League of Denver 
  • Colorado Bar Association Fellow 
  • Representative for the Colorado Legal Aid Foundation’s Associates Campaign
  • Admissions Committee, University Club of Denver (former)
  • Colorado Lawyers Committee, Board of Directors  (former)
  • Junior League of Las Cruces, Board of Directors
  • LeadershipSBOT (State Bar of Texas’ Leadership Class of 2011)      
  • Hidalgo County Bar Association, Board of Directors (former)
  • State Bar of Texas’ Legal Services to the Poor in Civil Matters Committee (former)
  • Family Crisis Center of the Rio Grande Valley, Board of Directors (former)

Professional Presentations

  • Speaker, Colorado Case Law Update, Colorado Defense Lawyers Association, July 16, 2020 
  • Marijuana in the Workplace, Colorado Bar Association Employment Law Section, May, 2018
  • Updates in Foreclosure Law, State Bar of Texas Poverty Law Conference, April, 2012

Admissions

  • State Bar Admissions
    • Colorado
    • Texas
  • United States District Courts
    • United States District Court for the District of Colorado
    • United States District Court for the Western District of Michigan
    • United States District Court for the Western District of Texas
  • United States Courts of Appeals
    • United States Court of Appeals for the Tenth Circuit

Admissions

Colorado

Texas

U.S. District Court, District of Colorado

U.S. District Court, Western District of Michigan

U.S. District Court for the Western District of Texas

U.S. Court of Appeals, Tenth Circuit

Associations

  • Colorado Women's Bar Association
  • Colorado Defense Lawyers Association
  • Colorado Bar Association, Labor & Employment and Litigation Sections
  • Texas Bar Association
  • Women in eDiscovery

Awards & Honors

  • Junior League of Las Cruces – Volunteer of the Year
  • Hidalgo County Bar Association – New Board Member of the Year

Education

The University of Texas School of Law

Juris Doctor with Honors

  • Articles and Notes Editor, Texas International Law Journal
  • Assistant Staff Editor, Texas Journal of Women and the Law
  • President, Women’s Law Caucus
  • Texas Crew Women’s Team
  • Named a 2007 ‘Alpha Female’ by Burnt Orange Magazine

The University of Texas-Pan American

Bachelor of Arts in Political Science, magna cum laude

  • Minor in Philosophy (rank: 4 of 193)
  • President, Pre-Law Society
  • President, Student Organization Council
  • Student Government
  • Phi Kappa Phi
  • Delta Zeta Sorority

Representative Matters

Commercial, Trade Secrets, and Non-Competition Litigation:

  • Obtained temporary injunction against a former executive violating restrictive covenants in the Johnson County District Court of Kansas. Served as second chair at three-day virtual temporary injunction hearing and primary author of briefing on the motion. Client is a company involved in a wrongful termination/breach of employment contract dispute initiated by the former executive.
  • Litigated aggressively and managed all aspects of discovery and expert discovery on behalf of an energy services company based in Casper, Wyoming, where the founders and former owners of the client stole its trade secrets and solicited its customers and employees and formed a competing company.
  • Served as first chair at a successful preliminary injunction hearing against a former executive of an international music festival. Primary author of the briefs in support of the motion for preliminary injunction.
  • Represented former Chief Executive Officer in a $75 million lawsuit brought against him by a financial technology company’s former Chief Financial Officer in Denver District Court. Claims asserted included breach of contract, fraud, and breach of fiduciary duties against client in his personal capacity and as an alter ego of the fintech company.
  • Served as primary author of a successful preliminary injunction motion and summary judgment motion in the U.S. District Court of Minnesota for a manufacturer of float switches against a hostile former employee who had stolen the company’s trade secrets and made threat against the company and the business.
  • Successfully negotiated entry of a preliminary and then permanent injunction after providing defendant a draft motion for same, where client was a VoIP service provider and its former founder and executive began working for a competitor in violation of his noncompete agreement.
  • Defended a financial services professional in a noncompetition and trade secrets dispute brought against him by former employer, a private equity firm in Durango. Opposing counsel was a part-time Magistrate Judge.
  • Defended a former franchisee against a franchisor asserting Lanham Act and restrictive covenant violations where client was directly competing after terminating his franchise agreement with new business. Successfully negotiated a favorable settlement that was covered entirely by insurance and permitted client to continue doing business as is.
  • Primary author of motion for determination of law on an issue of first impression as to whether certain conditions of employment for a Colorado law firm run afoul of the Colorado Rules of Professional Conduct. Specifically, the Court was asked whether a law firm (i) possesses protectable trade secrets, and (ii) can assess a “marketing fee” in connection with the lost clients that a departing lawyer takes with her. The Court ruled in the firm’s favor on the former question.

 

Traditional Employment Litigation:

  • Won complete dismissal with prejudice of an employment retaliation (whistleblower) action filed against a health organization and individual medical providers at the Rule 12(b) stage. Result: Complete dismissal in favor of defendant clients on the ground that plaintiff’s petition was procedurally defective.
  • Represented a charter school management company in a dispute against its former CEO, where CEO allegedly committed various business torts against the client. Authored a successful brief in connection with a novel sovereign immunity challenge to the case, and served as third chair at the related Trinity hearing.
  • Served as lead counsel in five-day remote arbitration hearing defending healthcare clients from discrimination claims brought under the Americans with Disabilities Act by a former employee.
  • Represented an industry association against a putative FLSA-collective action brought by Peruvian sheepherders, who alleged numerous claims (including assault and violation of RICO) under a joint-employment theory.
  • Represented joint employers against age discrimination claims brought by four former sales executives in the Western District of Texas.
  • Represented client law firm in wage and hour dispute brought by non-exempt former paralegal, where client failed to calculate overtime correctly.

 

General Liability Litigation:

  • Served as second-chair defense counsel in premises liability jury trial conducted in the Arapahoe County District Court of Colorado.
  • Represented architect in a complex Colorado construction defect action and successfully negotiated favorable settlement where homeowners asserted novel allegations that the architect’s designs created a significant fire danger.
  • Represented and negotiated settlement of a products liability/subrogation claim asserted against German manufacturer of power systems for a massive failure of a telecom network in rural Colorado.
  • Represented delivery-company and employee-driver after driver struck a passenger vehicle while he was driving on the interstate under the influence of heavy drugs. The passenger demanded $16 million in damages and identified over 26 medical experts in her case to support her claim. Negotiated a favorable settlement on behalf of clients.
  • Main author of appellee’s successful brief filed before Tenth Circuit Court of Appeals where client mortgage servicing company hired vendor to secure and winterize an empty mountain home in which a widow had lived prior to moving into an assisted-living community, and vendor burgled the home instead. The matter was brought separately in both state and federal courts. Result: dismissal of all claims affirmed.
  • Defended a putative class action brought by a defaulted student loan consumer against a debt collection firm challenging calculation of the firm's fees, where the federal lending laws and regulations were ambiguous and in conflict.

 

Bad Faith/Insurance Coverage Litigation:

  • Represented insurance brokerage company in Oklahoma County, Okla. in a coverage dispute over the denial of coverage for a product recall claim of an energy drink.
  • Primary author of dispositive motions in garnishment action brought by insurance carrier to seek coverage determination over multi-million dollar construction defect claim. Result: favorable decision on dispositive motions.

 

Other:

  • Represented migrant farmworkers whose employment and housing rights were violated under the FLSA and AWPA.
  • Lead counsel in defense of administrative-wage garnishment by the Government arising from client’s default on a USDA-guaranteed mortgage loan, where the U.S. government paid a private lender for post-foreclosure losses. The client’s entire debt to the Government was ultimately extinguished.
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