Nicholas J. Bullard
PEOPLE

Nicholas J. Bullard

Associate
bullard.nick@dorsey.com

Overview

NICK IS A FIERCE ADVOCATE IN HIGH-STAKES CIVIL LITIGATION AT BOTH THE TRIAL AND APPELLATE LEVELS, WITH A PARTICULAR EXPERTISE IN ERISA LITIGATION.

Nick is a trial associate in Dorsey’s office in Minneapolis.  His practice focuses on complex and high-stakes commercial litigation at the trial and appellate levels.  He has particular expertise in defending clients in ERISA class actions involving both retirement and health and welfare plans.  In his ERISA practice, Nick has represented some of the largest companies in the world in industries ranging from banking to healthcare.

Nick also has significant experience in helping clients successfully navigate appeals in state and federal appellate courts throughout the country.

Before joining Dorsey, Nick clerked for Judge James B. Loken of the U.S. Court of the Appeals for the Eighth Circuit, and worked in the Wisconsin Governor’s Office of Legal Counsel.

Education & Admissions

University of Wisconsin Law School (J.D., 2015), summa cum laude; graduated first in class; Wisconsin Law Review; Order of the Coif

University of Wisconsin - Madison (B.A., 2012), with distinction

Admissions

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

Clerkships

  • U.S. Court of Appeals for the Eighth Circuit, Honorable James B. Loken, 2015-2016

Experience

Representative Litigation

ERISA Litigation

  • In re EpiPen ERISA Litigation (D. Minn.) – Counsel to Prime Therapeutics LLC in putative class action litigation contending that pharmacy benefit managers violated ERISA by allegedly causing health plan beneficiaries to pay more for EpiPen.

  • Meiners v. Wells Fargo & Co. (D. Minn.) – Counsel to Wells Fargo in putative class action litigation alleging ERISA violations in the management of $35 billion 401(k) plan.  We obtained complete dismissal of the claims with prejudice at the pleading stage, in what has been described as a “rare and arguably unprecedented victory for a financial industry that’s been battered by lawsuits over the in-house mutual funds in their 401(k) plans.”

  • Vigeant v. Meek (D. Minn. 2018) – Counsel to Lifetouch, Inc. in putative class action litigation alleging that plan trustees and directors breached their ERISA fiduciary duties with respect to the valuation of the company’s stock.   We obtained a complete dismissal of the claims with prejudice at the pleading stage.

Appellate

  • In re Petition by CenturyLink (Minn. App. 2018) – Counsel to CenturyLink in appeal defending against a railroad’s challenge to the constitutionality of a utility crossing statute.  The statute was upheld on appeal.

  • Larson v. Gannett Company, Inc. (Minn. App. 2018) – Counsel to Gannet Company, Inc. on appeal concerning the fair report privilege’s protection of the press against defamation claims when reporting on police press conferences. On review by the Minnesota Supreme Court.

  • Nelson Auto Center, Inc. v. Multimedia Holdings Corp. (8th Cir. 2019) – Counsel to Multimedia Holdings Corp. in an appeal concerning application of the actual-malice standard in defamation actions brought by corporations.

News & Resources

Legal Writings

  • A Doctrine Adrift: Wisconsin’s Public Trust, 22 U. Denv. Water L. Rev. 1 (2018)
  • Judicial Capacity and Executive Power, 102 Va. L. Rev. 765 (2016) (co-author, Andrew Coan)
  • Policing Executive Power, Daily Journal (2014)
  • Pushing the Reset Button on Wisconsin’s Governmental Immunity Doctrine, 2014 Wis. L. Rev. 801 (2014)
    • Cited by the Wisconsin Supreme Court in Engelhardt v. City of New Berlin, 921 N.W.2d 714 (Wis. 2019) and Melchert v. Pro Elec. Contractors, 892 N.W.2d 710 (Wis. 2017)
  • Contributing Author, ABA Section of Labor and Employment Law, Employee Benefits Law, 2nd Ed. 
  • Contributing Author, Media Libel Law 50-State Survey (2018-2019)

Accolades

North Star Lawyer logo
  • MSBA North Star Lawyer, 2017-2018
Nicholas J. Bullard