Shannon Bjorklund
PEOPLE

Shannon Bjorklund

Partner
bjorklund.shannon@dorsey.com

Overview

SHANNON USES PRACTICAL AND STRATEGIC PROBLEM-SOLVING TO HELP COMPANIES RESOLVE THEIR BUSINESS DISPUTES OUTSIDE LITIGATION, OR POSITION THEM TO WIN THROUGH LITIGATION, IN THE HIGHLY-COMPLEX AREAS OF PATENTS, ERISA AND PUBLIC LAW.

Shannon is both a litigator and a constructive problem-solver to avoid litigation.  She helps companies protect their intellectual property—from patents and trade secrets to trademark and copyright—and defends companies against accusations that they used a competitor’s intellectual property.  Shannon excels at quickly forming a deep and sophisticated understanding of the technology at issue, then effectively communicating arguments in a simple yet compelling way to the non-technical decisionmakers—a generalist district court judge or a lay jury.  Shannon has extensive experience with depositions, legal writing and trials, and uses her effective advocacy skills for clients in a broad range of industries, from computer software to cosmetics to medical devices.  With her law and economics background, Shannon has a particular specialty in developing sophisticated damages assessments, which requires a deep understanding of her clients’ businesses.

Shannon also represents  companies in ERISA litigation and claims processing, and provides advice and compliance support to government entities, companies and non-profits in public law issues, particularly state and federal public open records laws including the Minnesota Government Data Practices Act and the federal Freedom of Information Act.  Shannon has been named to Minnesota Super Lawyer’s “Rising Stars” list for the past five years.

Education & Admissions

University of Chicago Law School (J.D., 2009), with honors; Order of the Coif

Barnard College / Columbia University (B.A., 2004), magna cum laude

Admissions

  • Minnesota
  • U.S. District Court for the District of Minnesota
  • U.S. District Court for the District of Colorado
  • U.S. Court of Appeals for the Eighth Circuit
  • U.S. Court of Appeals for the Federal Circuit

Clerkships

  • U.S. Court of Appeals for the Eighth Circuit, Honorable James B. Loken, 2009-2010

Experience

Representative Litigation

  • Prevailed at the Federal Circuit Court of Appeals in securing a claim construction ruling that destroyed any infringement argument against a client as to several patents in a competitor’s patent family
  • Obtained preliminary injunction on behalf of medical device company to stop competitor from manufacturing or selling infringing product 
  • Forced multiple cosmetics companies to stop selling infringing products through pre-litigation communications or litigation success achieved within six months of service of the complaint
  • Obtained summary judgment for insurance company in claim for ERISA benefits 
  • Regularly advises public and private clients on compliance with the Minnesota Government Data Practices Act
  • In her first year as a partner, prevailed in all three cases in which she filed dispositive motions as lead counsel, and successfully settled two other cases on favorable terms on two other cases in which she was lead counsel
 

News & Resources

Articles

Hashtag or Pound? One Law Firm’s Quest to Trademark #law
Russia, Neighbors, and a Copyright-protected Social Media Post = Fair Use?
Truth or Fiction . . . or Copyright Infringement?
Even After a Supreme Court Win, Romag Fasteners Can’t Get a Big Jury Verdict to Stick
Force Majeure and Climate Change: What is the new normal?, cited by The World Bank
Derby Pie Eats Humble Pie
Who – What – Where? Trademark and Copyright Venue in 2020 and Beyond
Ruling in Romag v. Fossil: Willfulness is Neither the “Principle of Equity” nor the “Big Kahuna,” and Infringer’s Profits Can be Awarded Even for Innocent Infringement
Romag v. Fossil: is “willfulness” the “principle of equity” or the “big kahuna,” or is this all “much ado about nothing”?
Jurisdiction based on a single bit of bitcoin: A single (probably) U.S.-based sale was enough to achieve relief with worldwide effect
Instead of Violating Someone’s Trademark, These Folks Go Straight to the Source to Try to Swipe Control of the Trademark Itself
Can a Stock Photography Agency Bring a Copyright Lawsuit? The Ninth Circuit Says “Maybe,” and the Supremes Say Nothing
The Supreme Court Rolled Back Patent Venue — What Will Happen Now for Copyright?
Will forum shopping days, like holiday shopping days, soon come to an end?
Important Changes Under MN Data Practices Act for Public/Private Contracts for Government Functions
Force Majeure and Climate Change: What is the New Normal? (2014 Burton Award Winner for Distinguished Legal Writing)
Using Technology to Facilitate Production of E-Discovery, 40 Wm. Mitchell Law Rev. 558 (2014), with MSBA E-Discovery Working Group 5
Force Majeure and Climate Change: What is the New Normal?, 8 J. of the Am. College of Construction Lawyers 29 (2014), with Jocelyn L. Knoll
Chapter 41: Executive Compensation, in ERISA Litigation (4th ed. 2012), with Andrew Holly and Michael Stinson
Comment, The Impact of Pregnancy Discrimination on Retirement Benefits: A Present Violation of Title VII, or a Claim Belonging to History?, 75 U. Chi. L. Rev. 1191

News & Press Mentions

200 Dorsey Lawyers Selected for Inclusion in 2024 Best Lawyers in America, Lawyers of the Year, and Ones to Watch
Super Lawyers Recognizes 26 Dorsey Lawyers in Minneapolis
Super Lawyers Women’s Edition Recognizes Eight Dorsey Lawyers in Minneapolis
UnitedHealth Units Beat ERISA Drug Overcharge Claim
Super Lawyers Recognizes 29 Dorsey Lawyers in Minneapolis
Super Lawyers Women’s Edition Recognizes Seven Dorsey Lawyers in Minneapolis
Super Lawyers Recognizes 38 Dorsey Lawyers in Minneapolis
Super Lawyers Women’s Edition Recognizes 11 Dorsey Lawyers in Minneapolis
Super Lawyers Recognizes 41 Dorsey Lawyers in Minneapolis
Super Lawyers Recognizes 36 Dorsey Lawyers in Minneapolis
Up & Coming: Shannon Bjorklund
Super Lawyers Recognizes 36 Dorsey Lawyers in Minneapolis
Dorsey & Whitney Names New Partners
Super Lawyers Recognizes 37 Dorsey Lawyers in Minneapolis
Super Lawyers Recognizes 39 Dorsey Lawyers in Minneapolis
Super Lawyers Recognizes 39 Dorsey Lawyers in Minneapolis
Dorsey Asks Federal Circuit to Uphold Boston Scientific Injunction

Select Presentations

  • Business Data and the Minnesota Government Data Practices Act, May 2014
  • Government Email: Public or Private Record?, August 2013
  • Top Ten E-discovery Trends of 2012, December 2012
  • Force Majeure and Climate Change: What is the New Normal?, presented to MSBA Construction Law Section, September 2012
  • Significant E-discovery Cases of 2011, January 2012

Professional & Civic

Professional Achievements

  • Member of “Women in IP Law” and “Damages & Injunctions” committees, Intellectual Property Owners Association (IPO), 2019 to present
  • Strategic Initiatives/Affinity Bar Liaison Coordinator, Minnesota Chapter of the Federal Bar Association, 2019-present
  • Co-chair and editor of Bar Talk, publication of the Minnesota Chapter of the Federal Bar Association, 2017-2019
  • Committee member, Communications Committee for the Minnesota Chapter of the Federal Bar Association, 2014 to present
  • Co-chair, Ramsey County Bar Association Bench & Bar Fundraiser Committee, 2014-2016
  • Committee member of Ramsey County Bar Association Fundraiser Sponsorship Committee, 2012 to present
  • Participant in Minnesota State Bar Association E-discovery working group and co-author of white paper on e-discovery issues, 2012

Community Involvement

  • ACT and academic tutor for Cristo Rey high school students, 2011-2015.
  • Founder and coordinator of “Plant an Extra Row” group that donates extra garden produce to local food pantries.

Accolades

  • Listed in Best Lawyers in America©, 2021-2024
  • Listed as a Minnesota Super Lawyers, 2020-2022
  • Listed as a “Rising Star” by Minnesota Super Lawyers, 2014-2022

Contributed 50+ Pro Bono Hours in 2020

  • Contributed more than 50 Challenge pro bono hours, 2020

     North Star Lawyer

  • MSBA North Star Lawyer, 2012-2013, 2015-2017 and 2019-2020
  • Named as “Up and Coming” lawyer by Minnesota Lawyer magazine, 2017
  • Burton Award Distinguished Legal Writing Winner: “Force Majeure and Climate Change: What is the New Normal?”, 2014
  • Top 10% of law school graduating class
  • Admitted to Order of the Coif
  • Joseph Henry Beale Prize for Legal Writing, 2007
  • The University of Chicago Law Review, Executive Articles Editor
Shannon Bjorklund