Overview
Brian is an experienced litigator, counselor and strategist who exclusively represents employers through advice and defense of legal claims.
Brian is a seasoned litigator and counselor who only represents employers and businesses. He advises employers on discipline, terminations and employment law compliance. He has tried multiple jury, bench and arbitration matters to verdict or decision. He regularly defends employers in litigation matters. He also helps his clients navigate other disputes in unionized settings.
Brian also represents clients as outside General Counsel. He drafts and negotiates commercial contracts and gives advice on business matters, legal disputes, litigation, compliance and legal strategy.
Brian combines his knowledge of the law with eight years of management experience in the health care industry. Prior to entering the practice of law, he served in a variety of management positions for a health care company that operated facilities in the Twin Cities metropolitan area. Brian uses this real-world business experience when litigating cases and when helping clients solve complicated legal issues.
Brian is a regular lecturer on employment law and litigation topics in Minnesota, including presenting at the Upper Midwest Employment Law Institute.
Services
Experience
Employment Litigation Defense
- Achieved a complete defense verdict on behalf of a health care client involving claims of discrimination and retaliation and successfully collected the client’s litigation costs from the former employee.
Employment Advice
- Gave advice on and successfully resolved a high-profile termination and avoided unfavorable media coverage.
Labor Matters
- Defeated a discharge grievance filed by a Union following a multi-day arbitration proceeding involving more than a dozen witnesses.
- Brokered a collective bargaining agreement on terms favorable to the client by securing critical concessions from Union.
Credentials
Education
- William Mitchell College of Law, J.D., 2002, magna cum laude
- University of Wisconsin – Eau Claire, B.S., 1994, magna cum laude
Admissions
- U.S. Court of Appeals for the Seventh Circuit, 2017
- U.S. Court of Appeals for the Eighth Circuit, 2006
- U.S. District Court for the District of Minnesota, 2003
- Minnesota, 2003
Recognition
- The Best Lawyers in America, Employment Law—Management, 2019-present
- Super Lawyer—Employment Litigation: Defense, Minnesota Super Lawyers, 2016-present
- Rising Star—Employment Litigation: Defense, Minnesota Super Lawyers, 2007-2012
Civic & Professional
Professional Activities
- Minnesota State Bar Association, Labor and Employment Law Specialist
Community
- Chanhassen Athletic Association, Former President
News & Insights
Speaking Engagements
- Event
- Event
- Event
- Event
- Event
- Event
- Event
- Event
Legal Updates
- Legal Update
- Legal Update
- Legal Update
- Legal Update
- Legal Update
- Legal Update
- Legal Update
Publications & Presentations
Co-Presenter, Unique Employment Issues in Long-Term Care, LeadingAge Minnesota Institute & Expo, February 08, 2023
Co-Presenter, Unique Healthcare Employment Issues: Tips, Tricks & Traps, Care Providers of Minnesota Annual Convention & Exposition, November 2022
Co-Presenter, Tools for Your Toolbox: Advanced Leave and Accommodation Issues for Employers, Fredrikson & Byron’s Annual Employment & Labor Law Seminar, On-Demand Webinar, October 2021
Co-Presenter, The Questions We Get the Most (And Other 'Off-the-Wall' Employment Situations), Fredrikson & Byron's Annual Employment & Labor Law Seminar, October 26, 2021
Presenter, Strategic Use of Employee Performance Improvement Plans—How to Develop, Implement, and Hold Employees Accountable—Including an Annotated PIP, Upper Midwest Employment Law Institute, May 24, 2021
Co-Presenter, Federal Employment Law Issues in the Evolving COVID-19 Environment, Fredrikson & Byron Health Law Webinar Series, November 11, 2020
Co-Presenter, Disability Accommodation Case Study in the Pre- and Post-COVID-19 Workplace, Fredrikson & Byron’s Annual Employment & Labor Law Seminar, October 27, 2020
Presenter, Strategic Use of Employee Performance Improvement Plans—How to Develop, Implement and Hold Employees Accountable, Upper Midwest Employment Law Institute, September 16, 2020
Presenter, Strategic Documentation of Employee Discipline and Discharge: Sword vs. Self-Inflicted Wound?, Upper Midwest Employment Law Institute, September 15, 2020
Speaker, Emergency Families First Coronavirus Response Act (FFCRA)—What Aging Services Providers Need to Know, LeadingAge Minnesota, April 1, 2020
Presenter, Strategic Use of Performance Improvement Plans: How to Develop and Effectively Implement, Fredrikson & Byron's Employment and Labor Law Webinar Series, December 4, 2019
Presenter, Minnesota’s New Wage Theft Law: An Update and Compliance Strategies, Fredrikson & Byron’s 35th Annual Employment & Labor Law Seminar, November 7, 2019
Presenter, Strategic Use of Performance Improvement Plans: How to Develop and Effectively Implement, Fredrikson & Byron’s 35th Annual Employment & Labor Law Seminar, November 7, 2019
Co-Presenter, Workplace Investigations: Planning, Strategy and Execution, Fredrikson & Byron’s 35th Annual Employment & Labor Law Seminar, November 7, 2019
Presenter, Terminations Got You Down? Five Tips to Tighten Your Termination Tactics, Fredrikson & Byron's Employment and Labor Law Webinar Series, December 17, 2018
Presenter, Terminations Got You Down? Five Tips to Tighten Your Termination Tactics, Fredrikson & Byron’s 34th Annual Employment & Labor Law Seminar, November 1, 2018
Presenter, Protecting Your Organization’s Trade Secrets and Confidential Information: Best Practices and Common Mistakes, Association of Corporate Counsel, Minnesota Chapter, Roundtable Series, July 2018
Presenter, Strategic Documentation of Discipline and Discharge: Sword vs. Self-Inflicted Wound?, Upper Midwest Employment Law Institute, May 22, 2018
Presenter, What? I’m Fired? Handling the Discharge Process and Termination Meeting, Upper Midwest Employment Law Institute, May 21, 2018