Bryan Freeman is a trial lawyer focusing his practice on insurance coverage and general commercial litigation. He helps business policyholders with complex insurance claims secure the benefits, protection, and dollars their insurance policies are meant to provide. Bryan has helped his policyholder clients recover millions of dollars in insurance proceeds in disputes over coverage for directors and officers, employment practices, product, environmental, and fiduciary liability as well as in litigation over first-party coverage for fidelity and crime loss, property loss, business interruption, and cyber loss. He has been recognized in the insurance coverage category on the Minnesota Super Lawyers lists since 2013.

In his commercial litigation practice, Bryan has broad experience litigating business disputes in federal courts around the country. He's worked on complex class-action defense matters under the Telephone Consumer Protection Act (TCPA) and Racketeer Influenced and Corrupt Organizations Act (RICO). He has also defended and successfully tried and arbitrated TCPA, breach of contract, and tort cases.

Before joining Maslon, Bryan served as Judicial Clerk to both the Honorable David Hansen at the U.S. Court of Appeals for the Eighth Circuit and the Honorable David Minge of the Minnesota Court of Appeals, and he was the chair of the litigation group of a large private law firm. Bryan earned his law degree from the University of Minnesota Law School, where he served as articles editor of the University of Minnesota Journal of International Law in 2006.

Selected Experience

Insurance Recovery

  • Successfully resolved complex, multi-insurer insurance coverage action for financial institution and its directors and officers under D&O liability policies, securing millions of dollars in coverage for breach-of-fiduciary-duty and employment-practices claims.
  • Helped financial institution secure coverage under financial institution bond for losses and claims arising out of check fraud scheme.
  • Represented business policyholder in securing coverage under crime policy for losses resulting from computer fraud and social engineering scheme.
  • Helped educational organization facing sexual abuse claims reverse insurer's denial of coverage and secure complete coverage for successful resolution of underlying lawsuit.
  • State Bank of Bellingham v. BancInsure, Inc., 823 F.3d 456 (8th Cir. 2016). Obtained summary judgment in excess of $620,000 for a Minnesota bank victimized by computer fraud, where the bank's insurer denied coverage under its financial institution bond.
  • Obtained a favorable, multimillion-dollar recovery for a Minnesota food processor in complex litigation over insurance coverage under a business interruption policy.
  • Represented start-up medical device company in coverage dispute and quickly secured coverage for employee theft losses under crime policy.
  • Secured errors-and-omissions coverage for advertising agency client facing claims arising out of alleged mistake in a client's promotional project.
  • Represented business policyholder in claims against insurance agent for placing the wrong insurance and tried a week-long jury trial, resulting in a verdict of over $425,000.

Commercial Litigation

  • Flagg v. First Premier Bank, 257 F. Supp. 3d 1351 (N.D. Ga. 2017). Obtained dismissal of putative class action RICO claims brought against financial institution in connection with payment processing.
  • Successfully compelled arbitration and resolved putative class action cases brought against financial institution in connection with payment processing. (See Gunson v. BMO Harris Bank, N.A., et al., 43 F. Supp. 3d 1396 (S.D. Fla. 2014); Riley v. BMO Harris Bank, N.A, et al., 61 F. Supp. 3d 92 (D.D.C. 2014); Graham v. BMO Harris Bank, N.A., et al., 2014 WL 4090548 (D. Conn. July 16, 2014); Elder v. BMO Harris Bank, N.A., et. al., 2014 WL 1429334 (D. Md. Apr. 11, 2014)).
  • Successfully defeated two TCPA actions brought against financial institution in separate three-day arbitration hearings, resulting in a complete defense awards.
  • Successfully defended and resolved putative class action TCPA case against Minnesota business involving claims of vicarious liability for alleged wrongful faxes.
  • Represented property management business in connection with dispute over entitlement to insurance proceeds and successfully tried breach-of-contract claims in a three-day bench trial, resulting in favorable award and recovery.
  • Marvin Lumber & Cedar Co., et al. v. Sapa Extrusions, Inc. v. The Valspar Corporation, 2013 WL 5652047 (D. Minn., August 2, 2014).  Obtained summary judgment and complete dismissal of litigation for product manufacturer in complex, multi-party warranty case in which claimant sought to hold manufacturer responsible for over $100 million in alleged damages.
  • First Premier Bank v. U.S. Consumer Financial Protection Bureau, 2011 WL 4458785 (D.S.D., Sept. 23, 2011).  Obtained a preliminary injunction for financial institution, enjoining the United State Consumer Financial Protection Bureau's enforcement of a regulation that threatened to shut down a line of the financial institution's business.
  • In re Peters Co., Inc., 455 B.R. 166 (8th Cir. BAP 2011). Obtained approval of a multimillion-dollar settlement in appeal to the United State Bankruptcy Appellate Panel of the Eighth Circuit.

Professional Activities

American Bar Association
Federal Bar Association – Minnesota Chapter
Minnesota State Bar Association
Hennepin County Bar Association
Hope Community Church: Board Member 2014-2017

PRESENTATIONS

"Five D&O Provisions that Every Practitioner Should Know," Insurance Coverage Litigation Seminar, American Bar Association, March 2011
March 3, 2011

Publications

Chapter 9, "The Insurability of Punitive Damages," Minnesota Insurance Law Deskbook, Minnesota CLE, May 2011

Recognition

Recognized on Minnesota Super Lawyers® list, 2013-2017 (Minnesota Super Lawyers® is a designation given to only 5 percent of Minnesota attorneys each year, based on a selection process that includes the recommendation of peers in the legal profession.)

North Star Lawyer, Minnesota State Bar Association, 2013 (North Star Lawyer is a designation that recognizes members who provide 50 hours or more of pro bono legal services in a calendar year.)


 

p 612.672.8375   f 612.642.8375
3300 Wells Fargo Center, 90 South Seventh Street
Minneapolis, MN 55402
Bar Admissions
Minnesota, 2006
U.S. District Court
  • C.D. Illinois, 2017
  • Minnesota, 2008
  • North Dakota, 2017
U.S. Court of Appeals
  • Eighth Circuit, 2008
Education
University of Minnesota Law School
J.D. magna cum laude, 2006
Yale University
B.A., with distinction, 2003
Major: History
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