Bryan J. Morben

(612) 334-5028
Associate
(612) 334-5050 Fax
Bryan.Morben@KutakRock.com

Bryan advises Taft-Hartley employee benefit plans on various regulatory issues, such as those arising under the Employee Retirement Income Security Act (ERISA), the Patient Protection and Affordable Care Act (PPACA), and the Internal Revenue Code (IRC). Bryan represents plans in connection with their subrogation and reimbursement rights and enforcing those rights in collection litigation efforts. In addition, he represents plans in lawsuits relating to delinquent contributions and employer withdrawal liability.

Bryan also represents clients ranging from individuals to mid-size businesses in employment counseling and litigation. He has experience with various state and federal employment laws including the Fair Labor Standards Act (FLSA), the Family Medical Leave Act (FMLA), Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and their state equivalents. Bryan also has experience ranging from conciliation proceedings with the E.E.O.C. to federal class-action litigation.

Bryan graduated with honors from the University of Minnesota Law School in 2014 with a concentration in Business Law. During his time in law school, Bryan clerked for the St. Paul City Attorney’s Office and AHDC. He also served as a judicial extern to Judge Susan Burke of the Hennepin County District Court and as a Managing Editor for the Minnesota Journal of Law, Science & Technology. Finally, Bryan was a certified student attorney in the University of Minnesota Insurance Law Clinic where he represented clients in various insurance disputes with their insurers.

Representative Cases

  • Dakotas & Western Minn. Electrical Industry Health & Welfare Fund v. First Agency, Inc., 865 F.3d 1098 (8th Cir. 2017), reh’g denied (Sept. 14, 2017) (successfully defended appeal on matter of first impression relating to equitable relief under ERISA to bring declaratory judgment of primary liability for coordination of benefits dispute between ERISA and private insurance plans), affirming 2016 WL 1736619 (D.N.D. Mar. 11, 2016).
  • Campeau v. NeuroScience, Inc., 86 F.Supp.3d 912 (W.D. Wis. 2015) (successfully dismissed Title VII class-action claims leading to favorable settlement of remaining claim).
  • Dixon v. Fresh Seasons Market, LLC, No. 15-cv-3099 (WMW/TNL), (D. Minn. Mar. 10, 2017) (obtained partial summary judgment for $1.6+ Million for employer withdrawal liability against 5 of 7 defendants under common-control theory).
  • Raines v. Integrity Acoustic Solutions, Inc., 2015 WL 2402523, 2015 WL 5638047 (D. Minn. 2015) (obtained summary judgment in ERISA delinquent contributions case).
  • Brady v. Hilger, 2017 WL 2333190 (Minn. Ct. App. 2017), rev. denied (Minn. Aug. 22, 2017) (upholding favorable jury verdict for permanent injunction enforcing restrictive covenant on real property).

Publications

  • "The Ability of Hedge Fund Advisers to Manipulate the Market and Make Millions Doing It: The Battle Over Herbalife and the Need to Extend the Investment Advisers Act," N.Y. Bus. L. J., Vol. 17, Issue 2 (2013).
  • "The Fight Against Oppression in the Digital Age: Restructuring Minnesota’s Cyberbullying Law to Get with the Battle," 5 Minn. J. L. Sci. & Tech. 689 (2014).