Alternative Dispute Resolution

Fisher Bren & Sheridan, LLP considers the use of Alternative Dispute Resolution (ADR) to be a critical part of the practice of law. Our ADR experience and strategies benefit our clients by reducing the expense and delay often associated with litigation. We embrace a full range of resolution options, including negotiation, arbitration, and mediation. We have successfully resolved numerous cases through the use of ADR, including construction defect cases (including cases heard through the American Arbitration Association), personal injury matters, and business disputes. In addition, we have attorneys who are qualified neutrals pursuant to Rule 114 of the Minnesota Rules of Civil Procedure and frequently serve as mediators.

Appellate Practice

Fisher Bren & Sheridan, LLP attorneys have successfully represented clients in complex appellate litigation across multiple areas of the law. We provide strategic appellate advice to clients whether they are considering an appeal or responding to an appeal. Our attorneys are knowledgeable about appellate practice and assist clients with issues such as the timing of an appeal, appellate jurisdiction, and the preservation of issues for appeal. In addition, our attorneys are experienced in drafting persuasive briefs and presenting compelling oral arguments at the appellate level.

Business Formation and General Business Matters

Fisher Bren & Sheridan, LLP provides efficient and cost-effective representation for clients who wish to form new businesses. Our attorneys have drafted a number of foundational documents for new businesses, including member control agreements, operating agreements, and agreements related to employment matters, such as employment agreements and non-compete agreements.

Furthermore, we understand that each business is unique. Accordingly, our lawyers work with you to understand your business in order to draft the most effective documents for your business.

Business Litigation

Our attorneys have vast experience representing clients in a variety of business litigation matters. For example, we have significant experience with cases involving:

  • Business torts;
  • Breach of contracts;
  • Consumer fraud;
  • Franchise disputes;
  • Misappropriation of trade secret cases;
  • Unfair competition;
  • Shareholder disputes;
  • Restrictive covenants; and
  • Non-competition agreements.

Our attorneys defend local, regional, and national companies involved in complex commercial disputes. We focus on creating legal strategies that efficiently resolve disputes while protecting and promoting our clients’ goals and interests.

Catastrophic Loss (Fires & Explosions)

Our firm represents clients and insurance companies which require defense against claims caused by fire, explosions and other catastrophic loss. Our attorneys possess years of experience investigating and litigating the claims involving grain bin collapses, waste water treatment system collapses, propane explosions, pipeline ruptures, electrical fire, power plant explosions and other large catastrophic losses. We work with a group of nationally recognized experts and put together a team of experts and lawyers to defend your company.

Class Actions

Our firm has defended numerous corporations, businesses and insurance companies in class action litigation. Class actions require specialized knowledge in civil procedure and applicable defenses. Our multi-state and federally licensed trial attorneys have practiced and have been admitted on cases throughout the United States.

Conciliation Court

Fisher Bren & Sheridan, LLP also provides cost-effective representation for Conciliation Court (also known as small-claims court) matters. We understand that Conciliation Court lawsuits can threaten a company’s or individual’s financial position, particularly now that the maximum award in Minnesota’s Conciliation Court is $15,000.

Our attorneys have successfully represented a number of clients in Conciliation Court, including individuals, small businesses, and even national businesses. As is the case with any matter we handle, we ensure that any costs incurred by our clients make economic sense in light of the potential damages at issue.

Construction Law

Fisher Bren & Sheridan, LLP represents and advises general contractors, construction managers, subcontractors, developers, architects and engineers in transactions and disputes involving single family homes, condominium complexes, townhome developments, shopping centers, commercial and industrial buildings. Our attorneys have extensive experience litigating and arbitrating residential and commercial construction disputes and defect claims. We also have vast experience in handling contract drafting and negotiations, subcontractor default issues, delay disputes, mechanic’s liens, supplier disputes, risk management counseling, and advising clients on all types of matters concerning construction and real estate development.

Our attorneys have authored treatises and articles on a variety of construction law topics and have presented at continuing legal education seminars on those subjects. Additionally, we have attorneys with onsite construction experience and engineering training, providing us with a deeper understanding of the construction industry and the interests of all involved stakeholders.

Cybersecurity, Data Privacy & Security

Fisher Bren & Sheridan, LLP provides legal representation in the growing field of data privacy and security litigation. Our attorneys can help clients manage the full array of data privacy and security matters, including litigation arising from data security breaches and any resulting theft, loss, or unauthorized use of the confidential or personal information; privacy and data security compliance, counseling, and response; and compliance with various state and federal data security laws, including health care privacy/HIPAA compliance and the Telephone Consumer Protection Act (TCPA).

 

We work closely with our clients to obtain favorable resolutions as early and as efficiently as possible, whether by obtaining dismissals, defeating class certification motions, negotiating favorable settlements, or litigating cases through trial and appeal.

 

To maximize success, we staff all data privacy & security matters with at least one attorney who is a Certified Information Privacy Professional/United States (CIPP/US), which is the preeminent professional qualification offered in information privacy and data protection. Someone who is a CIPP/US attorney has a strong foundation in U.S. private-sector privacy laws, regulations, and understanding of sensitive personal data within the United States and to/from other jurisdictions.

Data Center Litigation

Our firm represents contractors engaged in the construction of data centers, including facilities for multiple Fortune 100 companies. Data center litigation is inherently high stakes, as it involves the fundamental ability of the data center owner to conduct business. An unexpected data center outage can have disastrous financial consequences, causing business to grind to a halt. Data center owners will look to the engineers and contractors that constructed the data center for recovery. Theories of liability are wide-ranging, and could include failure to conduct ampacity or Neher-McGrath calculations, improper coordination of construction, or improper layout of the power supply. Our firm is well-versed in the technical and legal aspects behind the causes of, and liability for, data center failures.

Datacenter design and construction practices are constantly evolving as new technology emerges, and resolving a data center claim requires a high degree of technical expertise and legal acumen. Our team of litigators has developed expertise on the technical and legal issues prevalent in data center litigation, uniquely positioning Fisher Bren & Sheridan, LLP to represent clients involved in data center disputes. We have used this expertise to achieve cost-effective, favorable results for our clients.

Emerging Contaminants / Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) Contamination and Exposure Litigation

Fisher, Bren & Sheridan, LLP vigorously defends businesses that are implicated in litigation involving a wide range of PFAS-related claims including chemical contamination exposure from alleged groundwater contamination and remediation, water supply testing and monitoring, cleanup levels at contaminated waste sites and other alleged violations of the U.S. Environmental Protection Agency’s current rules.  As your business navigates increasingly challenging regulatory scrutiny and resultant claims, our experienced attorneys will be there to be a vigilant ally for your business litigation needs.

Employment Law

Fisher Bren & Sheridan LLP’s Employment and Labor practice represents employers in a wide variety of employment and labor relations matters. We can assist employers with wage/hour and benefits issues, employment-related policies, and employee handbooks. If litigation is required, we are prepared to handle employment-related disputes in all agencies and courts.We advise employers on the most current issues including claims arising out of COVID-19.

Environmental & Pollution

We defend companies against allegations of workplace exposure, environmental exposure, and contamination to hazardous materials, such as asbestos and other potentially hazardous materials. Fisher Bren & Sheridan, LLP’s expertise enables us to serve as counsel to both large and small companies in a wide-range of industries, including but not limited to manufacturing, distribution, and transportation companies. We work to place our clients in the best position when facing litigation and enforcement actions.

Fair Debt Collection Claims

We have extensive experience defending Fair Debt Collection Practices Act claims.

General Liability

Fisher Bren & Sheridan, LLP regularly defends corporations, small businesses and individuals in a wide variety of general liability matters. These cases include discrimination in employment, premises liability (slip-and-falls, dog bites and other accident/injury or loss) and disputes regarding landlord/tenant issues, trespass, assault, invasion or privacy, defamation and slander.

Insurance Coverage

Fisher Bren & Sheridan, LLP has vast experience across practically every area of commercial insurance. We have provided comprehensive representation to insurance companies across the nation. We advise clients on complex policy application and interpretation issues and represent insurance companies in all types of insurance coverage disputes.

The lawyers at Fisher Bren & Sheridan, LLP have decades of experience with insurance law and have a thorough understanding of the terms and conditions underlying all types of insurance policies. We are also well-versed in current insurance issues including cyber liability and business interruption claims due to COVID-19.

Our attorneys are also skilled in analyzing complex coverage issues. Indeed, insurers throughout the nation rely on our legal team to carefully evaluate their coverage issues and provide timely, strategic legal advice.

Insurance Subrogation

Fisher Bren & Sheridan, LLP provides a successful and aggressive program in insurance subrogation and recovery. We have provided comprehensive representation in subrogation matters to insurance companies across the nation. Our attorneys have decades of litigation experience and are committed to working closely with our insurance industry clients to maximize subrogation recoveries. Our attorneys’ experience includes litigation and recovery of claims arising from major catastrophic events such as:

  • Fires;
  • Explosions;
  • Propane tank explosions;
  • Construction defects;
  • Building collapses;
  • Industrial equipment failures;
  • Gas and water leaks;
  • Storage defects, including storage related to fuels, food, and natural resources

Our attorneys are very familiar with insurance company policies and procedures and appreciate the importance of complying with the clients’ guidelines and reporting requirements. Our legal team is accustomed to providing timely and detailed evaluations of losses for subrogation and potential recovery. Our legal team is also accustomed to responding quickly and thoroughly to any questions or correspondence from our insurance industry clients.

Nursing Home Litigation

We advise clients on identifying and preventing nursing home claims. When claims do arise, we have the litigation expertise to assist clients with all types of claims including the most current COVID-19 related claims.

Personal Injury & Defense

Our personal injury defense practice covers a wide variety of claims, including wrongful death, sexual assaults, automobile accidents, slip-and-falls, construction accidents, premises liability, and product liability. We have defended national corporations as well as local companies in a variety of personal injury lawsuits. Fisher Bren & Sheridan, LLP’s litigation practice handles every claim with a focus on efficient mitigation to achieve the best outcome for the clients, whether negotiated or tried. Indeed, our lawyers have handled several of these claims, obtaining favorable results for the client – including complete defense verdicts at trial.

Products Liability

Fisher Bren & Sheridan, LLP regularly defends global and national product manufacturers, suppliers and contractors against wrongful death, catastrophic personal injury, property damage, business interruption, warranty and other product liability claims/lawsuits in the state and federal courts across the country. Our lawyers have significant experience in a broad range of industries and have defended clients in cases involving complex mass tort/toxic tort, meat processing equipment, medical supplies and equipment, agricultural products and equipment, furnaces, boilers and industrial bakery ovens, machinery oil, construction and building materials, waste water treatment systems, water and gas pipelines, children’s toys, and ATV and forest equipment. In addition to extensive litigation and trial experience, our lawyers have a wide variety of backgrounds, from mechanical engineering to nursing to business, making them uniquely equipped to defend these cases from the initial claim phase through trial.

Professional Liability (Architects & Engineers)

Our firm represents and defends professional architects and engineers. Our clients include firms and individuals who perform services ranging from expansive commercial project designs to multi-family residences, single family homes. Given the impact and implications or claims asserted against professionals, we vigorously defend our clients. At the same time, we are also extremely mindful of the significant interrelationships that are important in the industry between architects, engineers and contractors. As such, our aggressive defense also entails diplomatic and pragmatic cooperation amongst parties while not ceding any advantage in litigation.

Toxic Tort

Businesses that make, use, distribute, or dispose of chemicals and other potentially hazardous substances can face serious liability from claims of unsafe exposure by workers, neighbors or other third parties. Liability can occur even if the claims involved exposure decades ago, when the product may have been widely used and its health effects were unknown. We have extensive experience defending toxic tort claims including claims of asbestos and benzene exposure.