Kirsten Schubert
PEOPLE

Kirsten Schubert

Partner
schubert.kirsten@dorsey.com

Overview

Kirsten is a fierce advocate for clients facing high-stakes securities, financial services, healthcare, and commercial litigation.

Kirsten is a partner in the Trial Group of the Minneapolis office of Dorsey & Whitney. A past member of Dorsey’s Policy Committee, the Firm’s governing board, Kirsten brings both exceptional courtroom experience and Firm-wide leadership to her practice.

Kirsten’s commercial litigation practice focuses on shareholder disputes, ERISA litigation, securities class actions, M&A litigation, governance disputes, and other types of litigation in the financial services and healthcare industries.

She has represented companies and boards of directors in shareholder and governance disputes, and in disputes resulting from M&A transactions. She has defended financial services clients in class actions involving the sale of sophisticated investment products, and represents financial advisors, funds, broker dealers, and asset managers in contract disputes, internal investigations, regulatory inquiries, and FINRA arbitration. She represents financial advisors on ESOP civil and Department of Labor (DOL) matters. Kirsten represents ERISA benefit plan sponsors, administrators, and fiduciaries. She has defended class action challenges to 401(k) retirement plans, claims for benefits, and provider-driven mass actions. She represents healthcare companies, including insurers, administrators, service providers, and pharmacy benefit managers (PBMs), in contract and other commercial disputes.

Kirsten’s national litigation footprint is extensive. She has appeared in the District of Minnesota, Southern District of New York, Northern District of New York, Western District of Washington, Central District of California, Southern District of Indiana, Northern District of Ohio, and Western District of Wisconsin, as well as before the Second, Seventh, Eighth, and Ninth Circuits. She has also litigated in Delaware Chancery Court, state courts in Minnesota, California, Iowa, Michigan, New York, and Florida, and in arbitration.

Beyond her litigation practice, Kirsten has been a dedicated leader within Dorsey, serving on the Policy Committee and as Recruiting Chair and Hiring Partner. In these roles, she focused on recruiting and retaining highly skilled lawyers who bring a diverse set of backgrounds, viewpoints, and experiences to the Firm, and actively worked with senior management to strengthen inclusion efforts.

Kirsten also devotes a significant portion of her practice to pro bono work. Kirsten served as an adjunct professor in the University of Minnesota Law School’s Binger Center Federal Immigration Litigation Clinic. Alongside a team of Dorsey lawyers, she won release of her intellectually disabled client, Bruce Webster, from federal death row. As a result of the Firm’s work on Mr. Webster’s case, Kirsten received the 2020 HCBA Excellence Award for Pro Bono Service, and Dorsey was given the ABA’s 2020 Exceptional Service Award. She was also named the Immigrant Law Center of Minnesota’s 2018 National Advocate of the Year for her work on behalf of a child refugee during the Trump Administration’s first travel ban.

Education & Admissions

University of Michigan Law School (J.D., 2006),

  • Associate Editor, Michigan Telecommunications and Technology Law Review

University of Wisconsin - Eau Claire (B.A., 2003),

  • magna cum laude

Admissions

  • Minnesota
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. Court of Appeals for the Eighth Circuit
  • U.S. District Court for the District of Minnesota
  • Multiple pro hac vice admissions, including Delaware Chancery Court, the U.S. District Courts for the Southern District of New York, Central District of California, the Southern District of Indiana, and multiple state courts

Experience

Representative Litigation

  • Represented one of the country’s largest financial services companies in ERISA class action alleging breach of fiduciary duties relating to the inclusion of target date funds in 401(k) plan. Obtained dismissal with prejudice on Motion to Dismiss. (D. Minn.)
  • Counsel to one of the country’s largest health insurance companies and claims administrators in out-of-network and in-network provider actions seeking payment of health benefit claims (multiple jurisdictions), as well as one of the first class actions alleging mental health parity claims, which was dismissed in full at the pleadings stage. (S.D.N.Y.).
  • Represented large research university in high-profile board governance dispute relating to medical school’s ownership and control over non-profit health insurer. (Henn. Cty.)
  • Representing large bank in OFAC litigation brought by customer alleging novel claims of discrimination based on Iranian heritage. (W.D. Wash.)
  • Represented large pharmacy benefit manager (PBM) in multi-million-dollar breach of contract dispute with customer offering Medicare advantage plans. (Arbitration)
  • Represented private equity fund in dispute relating to alleged breach of joint venture agreement for failure to pay management fees and carried interest. (Del. Ch.)
  • Counsel to investment bank in multiple civil litigation matters relating to advisor fee and other deal-related disputes. 
  • Counsel to financial advisor and valuation firm in several civil litigation and regulatory matters relating to ESOP transactions. 
  • Represented federation of cooperatives in multi-million-dollar governance dispute. (Arbitration)
  • Counsel for large wealth management company in class action alleging breach of contract through the sale of reverse convertible notes. Motion for summary judgment was granted in full, and Plaintiffs’ motion for class certification was denied as moot. Affirmed on appeal. (D. Minn.)
  • Counsel for large health benefit claims administrator against claims brought by the New York State Attorney General alleging breach of network provider agreement for alleged failure to pay hundreds of benefit claims. (N.Y. Supreme Court)
  • Represented large public company and other defendants in 10b-5 securities class action alleging false statements in connection with an acquisition. Obtained complete dismissal at the pleadings stage. (D. Minn.)
  • Counsel to chief medical officer in securities action against former employer arising from wrongful cancelation of stock options and other employment-related disputes. (E.D. Wisc.)
  • Represented four plan sponsors against kidney dialysis provider’s claims for denial of health benefits claims. Defendants’ motion to dismiss was granted in full. (State of Michigan)
  • Counsel for Minnesota telecommunication company in declaratory judgment action brought by regional rail authority seeking to regulate telecommunication providers’ right to use public right of way. Obtained summary judgment in favor of defendant on all claims. (State of Minnesota)
  • Counsel for defendant state insurance guaranty fund in district court and regulatory actions regarding coverage of workers’ compensation claims under a high deductible policy. Obtained summary judgment on all claims; unanimously affirmed on appeal. (State of Minnesota)
  • Counsel for trustees of more than a dozen family trusts in 30 separate actions alleging breach of fiduciary duties in trust administration. (State of Florida, State of Minnesota)
  • Bruce Webster death penalty litigation. Pro bono counsel for intellectually disabled federal prisoner seeking review of death sentence under 28 U.S.C. 2241.
  • Obtained Seventh Circuit en banc decision granting evidentiary hearing, setting precedent; district court vacated death sentence; Seventh Circuit affirmed. (S.D. Ind., Seventh Circuit, Fifth Circuit)
  • Pro bono counsel for multiple non-citizens challenging unlawful prolonged detention practices and 2017 refugee ban.

News & Resources

Articles

Six Interview Tips for First-Year Law Students

News & Press Mentions

The Fundamentals of Shareholder Litigation
Dorsey Partner Kirsten Schubert Receives 2022 Twin Cities Business ‘Notable Partners in Law’ Award
Super Lawyers Recognizes 29 Dorsey Lawyers in Minneapolis
Super Lawyers Women’s Edition Recognizes Seven Dorsey Lawyers in Minneapolis
ABA 2020 Volunteer Recognition & Awards Program
"'The Best You Could Do': Summer Associates Rate Their Unusual, COVID-Influenced Experiences," The American Lawyer
Dorsey partner Kirsten Schubert gives us an introduction to this bustling legal market: Minnesota
Super Lawyers Recognizes 38 Dorsey Lawyers in Minneapolis
Dorsey Partners Kirsten Schubert and Kathryn Johnson Recognized for Exceptional Pro Bono Service
Super Lawyers Women’s Edition Recognizes 11 Dorsey Lawyers in Minneapolis
Kirsten Schubert: Diversity–Fundamental to Legal Excellence
Super Lawyers Recognizes 41 Dorsey Lawyers in Minneapolis
Dorsey Partner Steve Wells Discusses Judge Vacating Federal Death Sentence
Dorsey Secures Groundbreaking Reversal of Death Sentence
Super Lawyers Recognizes 36 Dorsey Lawyers in Minneapolis
Dorsey Attorneys Receive National Advocate of the Year Award
Super Lawyers Recognizes 36 Dorsey Lawyers in Minneapolis
Super Lawyers Recognizes 37 Dorsey Lawyers in Minneapolis
ACLU, U of MN Law School, Dorsey & Whitney Join Forces to Challenge Unlawful Detention of Immigrants
Dorsey Partner Kirsten Schubert Comments on Detention of Immigrants Class Action Suit
Dorsey & Whitney Names New Partners
Super Lawyers Recognizes 39 Dorsey Lawyers in Minneapolis
Super Lawyers Recognizes 39 Dorsey Lawyers in Minneapolis
Dorsey Represents Ameriprise in 401k Suit

Podcasts

The Fundamentals of Shareholder Litigation

Events & Speaking Engagements

Advanced Employee Benefits Annual Workshop – Litigation Update
Will Your Health Plan Now be a Target? A New Wave of ERISA Litigation Challenges Group Health Plan Fees and Expenses
The Likeable Badass: Science and Strategies for Influence and Leadership in the Modern Workplace
Webinar Playback: Annual Forum on Employee Health and Welfare Benefits
Webinar Playback: Is Your Company’s 401(k) Plan Next?
Program Materials: Annual Forum on Employee Health and Welfare Benefits
Webinar Playback: Annual Forum on Retirement Plan Benefits
Webinar Playback: Securities Fraud, the Pandemic and Compliance: Protect Your Organization
Program Materials: Annual Forum on Employee Health and Welfare Benefits
Seminar Playback: Third Annual Forum on Employer Sponsored Benefits

Industries & Practices

Securities & Financial Services Litigation & Enforcement

Securities & Financial Services Litigation & Enforcement

Explore This Practice View resources related to this practice
Banking & Financial Institutions
Benefits & Compensation
Class Action Litigation
Commercial Litigation
Corporate Governance & Compliance
Financial Services Regulatory
Healthcare Litigation
Trusts & Estates Litigation
  • Banking & Financial Institutions
  • Benefits & Compensation
  • Class Action Litigation
  • Commercial Litigation
  • Corporate Governance & Compliance
  • ERISA Litigation
  • Financial Services Regulatory
  • Healthcare Litigation
  • Securities & Financial Services Litigation & Enforcement
  • Trusts & Estates Litigation

Professional & Civic

Professional Achievements

  • Received the Hennepin County Bar Association’s 2020 Excellence Award for Pro Bono Service
  • Received Dorsey’s 2020 Scales of Justice Award for outstanding achievement in pro bono service
  • Named the Immigrant Law Center of Minnesota’s 2018 National Advocate of the Year for her work on behalf of a child refugee during the Trump Administration’s first travel ban
  • Received Dorsey’s 2015 Scales of Justice Award for outstanding achievement in her representation of an intellectually disabled death row inmate
  • University of Minnesota Law School, Adjunct Associate Professor (Center for New Americans, Federal Immigration Litigation Clinic)

Accolades

Dorsey Pro Bono Champion  North Star Lawyer logo     Attorney at Law Attorney of the Month

  • Consistently providing pro bono legal assistance to those in need through Dorsey’s Pro Bono program
  • MSBA, North Star Lawyer, 2012, 2014-2021, 2023
  • Minnesota Super Lawyers®, "Rising Stars," 2014-2021
  • Minnesota Super Lawyers® Women's Edition, 2020-2021
  • Attorney at Law Magazine, "Attorney of the Month," 2019

 

Kirsten Schubert