Kirsten Schubert
PEOPLE

Kirsten Schubert

Partner
schubert.kirsten@dorsey.com

Overview

KIRSTEN HELPS CLIENTS LARGE AND SMALL NAVIGATE ALL ASPECTS OF COMPLEX COMMERCIAL LITIGATION.

Kirsten has a broad range of experience defending commercial clients in nationwide class actions, ERISA litigation, shareholder disputes, SEC and DOJ investigations, and other types of fiduciary and contract disputes.

While Kirsten enjoys representing a diverse client base ranging from telecommunications companies to individual small business owners, Kirsten is particularly well-versed on the unique needs of clients in the health care and financial services industries.

Kirsten has also devoted a significant portion of her practice to pursuing pro bono habeas claims on behalf of death row prisoners and immigrant detainees.

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. District Court for the District of Minnesota
  • Multiple pro hac vice admissions, including the U.S. District Courts for the Southern District of New York, Central District of California, and the Southern District of Indiana

Experience

Representative Experience

  • Meiners v. Wells Fargo & Co., et al. Counsel for financial services company and other defendants 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; appeal pending.
  • Counsel for trustees of more than a dozen family trusts in 30 separate actions alleging breach of fiduciary duties in trust administration.
  • Almont Ambulatory Care Center, et al. vs. UnitedHealth Group, Inc., et al. Counsel for health insurance company and over 250 self-funded employee benefit plans and employer sponsors in claims and counterclaims alleging benefits due, health care fraud, disability discrimination, and breach of fiduciary duty.
  • Figas v. Wells Fargo & Co., et al. Counsel for defendants in ERISA class action alleging breach of fiduciary duties relating to investment options in 401(k) plan.
  • Northwest Airlines, Inc. v. Phillips. Counsel for airline seeking declaration that post-bankruptcy Target Benefit Plan was not age discriminatory under the ADEA, ERISA, or state laws. Obtained summary judgment; affirmed on appeal to Eighth Circuit.
  • In re Osteotech, Inc. Securities Litigation. Counsel for defendants in putative shareholder class action seeking to enjoin merger. Obtained dismissal of all claims.
  • In re Municipal Derivatives Antitrust Litigation: Counsel for investment bank in multi-district litigation in the U.S. District Court for the Southern District of New York against a putative nationwide class of municipalities alleging antitrust violations relating to the sale of municipal derivatives.
  • FINRA arbitrations. Counsel for major broker-dealer firms in numerous customer and industry arbitrations.
  • ABD Consulting Services and Shinon Lindberg v. Chamberlain Capital and Paul Cameron. Counsel for investment company and its principal in suit brought by a former service provider relating to the construction and renovation of real property. Obtained dismissal of plaintiffs’ contract claims at motion to dismiss stage, successfully defended against plaintiffs’ motion to revive dismissed claims after discovery, obtained summary judgment in favor of defendants disposing of all of plaintiffs’ remaining claims, and successfully counterclaimed and obtained summary judgment for damages owed by plaintiffs. Case was not appealed.
  • Minnesota Valley Regional Railroad Authority v. Hanson Communications. Counsel for defendants 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 defendants and dismissal of all claims. 
  • Terminal Transport v. Minnesota Insurance Guaranty Association. Counsel for defendant state guaranty fund in district court and regulatory actions regarding coverage of workers’ compensation claims under a high deductible policy. Obtained summary judgment in favor of all claims against defendants; unanimously affirmed on appeal.   
  • Feinwachs v. Minnesota Council of Health Plans. Counsel for defendant health insurance industry association against tortious interference and defamation claims. Obtained summary judgment and dismissal of all claims; affirmed on appeal.
  • Webster v. Daniels. 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.
  • Counsel for multiple non-citizens challenging unlawful prolonged detention practices and 2017 refugee ban.

News & Resources

Select Presentations

  • Debriefing: The Supreme Court Arguments on Health Care Reform (April 2012)
  • Retirement Plan Litigation: Lessons Learned and Challenges Ahead, Midwest Pension Conference (March 2011). See presentation material here.

Industries & Practices

Government Enforcement & Corporate Investigations
Securities & Financial Services Litigation & Enforcement
  • Anti-Corruption Group
  • Antitrust & Competition Law
  • Banking
  • Class Action Litigation
  • Commercial Litigation
  • Corporate Governance & Compliance
  • ERISA Litigation
  • Financial Services Regulatory
  • Government Enforcement & Corporate Investigations
  • Health Care
  • Health Litigation
  • Securities & Financial Services Litigation & Enforcement
  • Tax Controversy & Litigation
  • Trusts & Estates Litigation

Professional & Civic

Professional Achievements

  • University of Minnesota Law School, Adjunct Associate Professor (Center for New Americans, Federal Immigration Litigation Clinic)

Accolades

  • Listed as a "Rising Star" by Minnesota Super Lawyers, 2014-2017

North Star Lawyer logo

  • MSBA North Star Lawyer, 2012 and 2014-2016
Kirsten Schubert