Kirk Schuler
PEOPLE

Kirk Schuler

Associate
schuler.kirk@dorsey.com

Overview

WHATEVER DISPUTE HE IS HANDLING, KIRK BELIEVES THE KEY TO ITS RESOLUTION IS HARD WORK, ATTENTION TO DETAIL, AND A RELATIONSHIP BUILT ON TRUST WITH HIS CLIENTS.

Kirk’s practice is devoted to dispute resolution. He focuses on two principal areas—commercial litigation and government enforcement. Kirk regularly advises individual and organizational clients with business disputes on their legal options, negotiates solutions with opposing counsel and mediators, and advocates for his clients’ rights and their “day in court” before arbitrators, judges, and juries. For his clients facing government investigation and prosecution, Kirk utilizes his experience as a former federal prosecutor to defend and protect individuals and organizations against government subpoenas and demands, search warrants, civil enforcement actions, and criminal charges.

Kirk begins every new engagement with a conversation with his clients to define what “success” means to them. From there, he maps their way to success, advocating fiercely on their behalf each step of the way.

Education & Admissions

Drake University Law School (J.D., 2006), High Honors with Certificates in Litigation/Dispute Resolution and Legislative Practice; Law Review; Moot Court; and Student Bar Association

Drake University (B.A., 2003), magna cum laude, Academic All-American (Men’s Tennis)

Admissions

  • Iowa
  • U.S. District Court for the Southern District of Iowa
  • U.S. District Court for the Northern District of Iowa
  • U.S. District Court for the Central District of Illinois
  • U.S. District Court for the District of the Northern Mariana Islands
  • U.S. District Court for the District of Guam
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. Court of Appeals for the Eighth Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • United States Supreme Court

Clerkships

  • U.S. District Court for the Northern District of Iowa, Chief Judge Mark W. Bennett, 2007-2008
  • Iowa Supreme Court, Justice Mark S. Cady, 2006-2007

Experience

Representative Litigation

Kirk has resolved a wide variety of disputes with well over a decade of experience as a current private practitioner and former federal prosecutor. But the variety of cases, including the more recent matters listed below, is always balanced with one trait that is constant: great advocacy for his clients.

  • Business Disputes, including commercial litigation of a wide-range of business disputes involving claims of breach of contract, misrepresentation, fraud, negligence, strict liability, unlawful discrimination, breach of fiduciary duty, products liability, wrongful death, intellectual property rights, and much more.
  • Noncompete Enforcement, including cease and desist letters and an injunction to prevent client’s former employee from working for its competitor.
  • Employment Discrimination Litigation, including complete summary judgment in favor of an employer for defense of FLMA and Iowa worker compensation claims, and defense of employers before the Equal Employment Opportunity Commission.
  • Trust and Estate Litigation, including litigation and favorable settlement of a dispute between beneficiaries of an estate and trust involving claims of legal malpractice and breach of fiduciary duties against the trustee, executors, and their attorneys.
  • Elder Abuse Litigation, involving the prosecution of claims for violating the rights of elder Iowans under Iowa Code Chapter 235F.
  • Iowa Consumer Fraud Act, including claims of deceptive marketing practices.
  • Unfair Advertising Claims, including the prosecution of Federal Trade Commission violations for unlawful comparison advertisements. 
  • Landlord-Tenant Disputes, including the settlement and resolution of tenant’s hunting rights on rented land.
  • City and County Disputes, including the representation of a city in defense of its water rights and a county in defense of its right to issue general obligation bonds and use tax exempt financing to support urban renewal areas.
  • Creditors Rights/Collection, including the collection of debts and foreclosure of real estate.
  • Insurance Interpleader, including litigation between putative beneficiaries to life insurance proceeds.
  • Products Liability Litigation, including the complete dismissal of a products liability action in favor of client.
  • Proposition 65 Litigation & Compliance, including the defense and settlement of “bounty hunter” claims favorable to a manufacturer and distributor of products into California, and crafting company compliance programs to conform to Proposition 65 regulations.
  • Trademark Infringement, including the prosecution of claims under the Anti-cybersquating Consumer Protection Act (“ACPA”) and the crafting of a permanent injunction related to trademark rights favorable to client.
  • Shareholder Disputes, including the dismissal of a shareholder derivative rights action.
  • Public Records Requests, including the demand for documents on behalf of clients under various state sunshine laws. 
  • Bid Protests of Government Contracts, including the filing of protests and the defense of awarded contracts.
  • PREA Investigations & Defense, including the defense of an employee facing allegations of Prison Rape Elimination Act violations under Iowa law.
  • Criminal Law, representing defendants in all aspects of criminal proceedings through initial hearings post-arrest, plea negotiations, pre-trial motions and hearings, trial, sentencings, appeals, post-conviction relief, and revocations of supervised release; also including dismissal and expungement of criminal assault charges in Iowa state court, and CJA appointments representing indigent defendants in federal court for drug, gun, and financial crimes.
  • Government Investigations/White Collar, including representation of qui tam plaintiffs and defense of companies accused of false claims and antitrust violations, coordinating internal investigations, and counseling clients in responding to civil investigative demands and civil and criminal subpoenas.
  • Alternative Dispute Resolution, including international and domestic arbitrations before the American Arbitration Association and its international division, the International Centre for Dispute Resolution, and the confirmation of arbitration awards. 
  • Trial & Appellate Experience involving the prosecution of myriad cases to resolution in federal and state courts, including over ten federal jury and bench trials as lead counsel before U.S. District Courts in Iowa, Illinois, and the Northern Mariana Islands, as well as several appeals in the U.S. Courts of Appeals for the Seventh, Eighth, and Ninth Circuits, and representing clients in proceedings for writ of certiorari in the United States Supreme Court. 

News & Resources

Articles

SF 2338: A Proposed Fix for "Pexa" and the Pandemic
Minnesota Businesses Must Require Workers, Customers, and Visitors to Wear Masks
The Convergence: Feds Level First Hybrid Healthcare- and Securities-fraud Charges Arising from COVID-19 Marketing and Sales
Minnesota Critical Sector Employers Must Develop and Implement Written COVID-19 Preparedness Plans by June 29 Under Latest Order from Gov. Walz
Minnesota Governor Tim Walz Further Loosens COVID-19 Workplace Restrictions Effective May 17 at 11:59 pm – but Requires Newly-Reopening Employers to Implement Preparedness Plans
Governor Tim Walz April 23 Order Allowing Additional Businesses to Restart Operation
Looking Ahead: Enforcement Actions for Fraud, Waste, and Abuse Related to COVID-19
Governor Tim Walz has Extended Minnesota Stay-at-Home Order
Minnesota Stay-at-Home Order to take effect Friday, March 27 at 11:59 pm – “Critical Sectors” may continue operating
The Defense Production Act: The Obscure Law that Industry and Government Should be Talking About Today (and for the Foreseeable Future)
DOJ’s Procurement Collusion Strike Force Priorities Highlighted By Bid-Rigging Qui Tam Settlement
Justice Department Touts FY2019 False Claims Act Statistics as Evidence of Administration’s “High Priority” Against Fraud, but the Numbers Show Less of a Priority on Qui Tams
Dorsey Alert: HHS Regulatory Sprint May Impact FCA Enforcement Trends
Supreme Court Settles Circuit Split and Reads the False Claims Act Statute of Limitations Provision Broadly in Boon to Relators
DOJ Levels False Claims Act at Pharmacies to Combat Opioid Crisis
For FY2018, Justice Department Touts Nearly $3 Billion in False Claims Act Recoveries, Mostly From Qui Tams and Alleged Healthcare Frauds
Grant-Fraud Guilty Plea Underscores Potential Civil and Administrative Liability for Recipients of Federal Funds
WARNING: The Prop 65 Transition Period is Over!
Dorsey FCA NOW Blog: In one decision, the Eleventh Circuit creates two circuit splits regarding the interpretation of the FCA’s statute of limitations period
Dorsey Health Law Blog: Consultant found guilty of illegal kickbacks by “referring” doctors’ patients to another medical provider in exchange for remuneration
Contributing Author, Immigration Law, U.S. Dep’t of Justice Office of Legal Education (5th Ed. 2013)
Article, In the Vanguard of the American Jury, 28 N. Ill. U. L. Rev. 453 (2008)
Note, ADR’s Biggest Compromise, 54 Drake L. Rev. 751 (2006)

News & Press Mentions

Dorsey’s Des Moines Office Recognized by U.S. News – Best Lawyers “Best Law Firms”
Dorsey’s Des Moines Office Named - Trial and Commercial Law Firm of the Year in Iowa

Events & Speaking Engagements

Dorsey & Whitney's Annual Des Moines Symposium

Select Presentations

  • “Keeping Your Organization Calm, Cool, And Collected When The Government Brings the Heat:  How To Effectively Manage Government Enforcement Efforts,” Association of Corporate Counsel – Iowa Chapter, Fall Symposium, Elm Crest Country Club in Cedar Rapids, October 6, 2017.
  • “Best Practices: Records Retention & Preparing for Litigation,” Association of Corporate Counsel – Iowa Chapter, Fall Symposium, Elm Crest Country Club in Cedar Rapids, November 11, 2016
  • “Avoiding Litigation Pitfalls in P3 Projects: Understand What to Include in P3 Contracts to Mitigate Litigation Risks,” Dorsey’s Annual Symposium, Des Moines Botanical Gardens, October 27, 2016
  • "What to do when your company is served with a federal subpoena," Association of Corporate Counsel – Iowa Chapter, CLE Luncheon, August 20, 2015

Industries & Practices

  • Appellate
  • Commercial Litigation
  • Food, Beverage & Agribusiness
  • Government Contracts Counseling & Litigation
  • Government Enforcement & Corporate Investigations
  • Healthcare
  • Products Liability
  • Trusts & Estates Litigation

Professional & Civic

Professional Achievements

  • Member, Criminal Justice Act Panel for Des Moines
  • Member, Commercial Litigation Practice Group
  • Member, Government Enforcement & Corporate Investigations Group
  • Co-Editor of FCA Now, Dorsey & Whitney’s False Claims Act blog
  • Past-President, Dallas County Bar Association
  • Member, Polk County Bar Association
  • Member, Iowa State Bar Association
  • Co-Founder and Director of icare, a 501(c)(3) Iowa Non-Profit, and co-organizer of the EAT-A-THON
  • Member, Board of Directors for Courage League Sports, a 501(c)(3) Iowa Non-Profit
  • Member, Festival Committee for the Drake Relays
  • Past-Member, Board of Directors for Seeds of Faith Early Learning Center in Clive, Iowa
  • “Spotlight on Service” Honoree, The Iowa Lawyer magazine, November 2017
Kirk Schuler