Brian has represented corporations, both public and private, and other business entities in a wide range of civil litigation for more than 30 years. Brian's practice is currently focused on financial services industry litigation including class actions, ERISA, fiduciary duties, market conduct and real estate. In his practice, Brian counsels clients and litigates issues regarding the maintenance and production of electronic discovery.
Of Particular Note:
· AV rated by Martindale-Hubbell
· Selected for inclusion in the Iowa Super Lawyers 2011 edition in the areas of Business Litigation, Insurance Coverage and Securities Litigation
· Fellow, Litigation Counsel of America
· Qualified Neutral under Rule 114, Minnesota General Rules of Practice
· Recipient of the Iowa State Bar Association's Legislative Advocacy Award, 2007
· Selected for inclusion in the Employment Law section of The Best Lawyers in America 1995-2006® (Copyright by Woodward/White, Inc., of Aiken, SC)
· Selected for inclusion in the Great Plains Super Lawyers 2007-2010 in the areas of employment, insurance coverage and business litigation
· Mediator/ Arbitrator Services
Work Experience:
· Member with Whitfield & Eddy, P.L.C. since 2008
· Former Special Counsel with Faegre & Benson LLP, Des Moines, Iowa
· Former shareholder with Bradshaw, Fowler, Proctor & Fairgrave, P.C., Des Moines, Iowa
Professional Activities and Affiliations:
· Iowa State Bar Association (Past Chair, Tribal Law Study Committee)
· Minnesota State Bar Association
· Nebraska State Bar Association
Published Cases:
· Merriam v. Farm Bureau Insurance, 793 NW.2d 520 (Iowa 2011)
· Curran ex.rel Principal Funds, Inc. v. Principal Management Corporation, 2011 U.S. Dist LEXIS 6577 (SD Iowa 2011)
· Walsh v. Principal Life Insurance Co., 266 F.R.D. 232 (SD Iowa 2010)
· Ruppert v. Principal Life Insurance Co., 252 F.R.D. 488 (S.D. Iowa 2008)
· Edmund v. MidAmerican Energy, 299 F.3d 679 (8th Cir. 2002)
· Howard v. Coventry Health Care of Iowa, 158 F.Supp.2d 937 (S.D. Iowa 2001); 293 F.3d 442 (8th Cir. 2002)
· Grove v. Principal Mutual Life Ins. Co., 200 FRD 434 (S.D. Iowa 2001)
· JAH by RMH v. Wadle & Assoc., 589 NW.2d 256 (Iowa 1999)
· Johnson v. Knoxville Comm. School District, 570 NW.2d 633 (Iowa 1997)
· Pierce v. Iowa Missouri Conference of Seventh Day Adventists, 534 NW.2d 425 (Iowa 1995)
· Borschel v. City of Perry, 512 NW.2d 565 (Iowa 1994)
· 205 Corp. v. Brandow, 517 NW.2d 548 (Iowa 1994)
· Mortvedt v. Bethany Manor Inc., 458 NW.2d 2 (Iowa 1990)
· Porter v. Pioneer Hi-Bred International, 497 NW.2d 870 (Iowa 1993)
· Kroblin Refrigerated Xpress, Inc. v. Iowa Ins. Guaranty Assn., 461 NW.2d 175 (Iowa 1990)
· Speck v. Unit Handling Div. of Litton Systems, Inc., 366 NW.2d 543 (Iowa 1985)
· American States Ins. Co. v. Estate of Tollari, 362 NW.2d 519 (Iowa 1985)
· In re Marriage of Hoak, 364 NW.2d 185 (Iowa 1985)
· Millard School Dist. v. State Dept. of Ed., 277 NW.2d 71 (Nebraska 1979)
Selected Publications, Presentations and Teaching Appointments:
· Frequent speaker at local, state and national seminars on defending businesses in the following areas of litigation: sexual harassment, ADA, wrongful discharge, trade secrets, privacy, construction change orders, mold, traumatic head injury, psychological injuries, challenging expert witnesses, insurance coverage and securities broker-dealer arbitration.