Briol & Benson’s Clients Agree to Opioid Settlement

A nationwide settlement with opioid manufacturer Johnson & Johnson and three of the largest opioid distributors will bring at least $300 million to the State of Minnesota to help abate the consequences of the opioid epidemic. Briol & Benson represented nine Minnesota counties and the City of Minneapolis (almost 40% of the population of the...
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Mark Briol featured in Minnesota Lawyer’s THE POWER 30: Business Litigation

Attorney Mark Briol was featured in Minnesota Lawyer’s October edition of The Power 30: Business Litigation as one of the 30 most powerful and influential business litigators in Minnesota. Those recognized in this publication were selected for their leadership in the legal community, influence on the law, and strong reputation.
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Briol & Benson Welcomes Attorney Darren Brayer Schwiebert

Briol & Benson welcomes attorney Darren Brayer Schwiebert to its litigation practice.  Darren adds to Briol & Benson’s significant existing experience in federal court and state court litigation. As a 1995 graduate of Harvard Law School with more than 26 years of patent litigation experience, he has successfully tried cases to jury verdicts in both...
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The Premature Special Litigation Committee

The special litigation committee is a powerful tool, and corporations should not be allowed to resort to it prematurely: an analysis from Joseph Pull and Scott Benson, published in the most recent volume of the University of St. Thomas Law Journal.
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Metaphorical Hygiene Has Value: The Unclean Hands Equitable Defense

In 2016, the pharmaceutical company Merck won a $200 million jury verdict against its competitor Gilead, based on Merck’s claim that Gilead infringed Merck’s drug patents. But three months later the judge completely barred Merck from enforcing its patents against Gilead, after concluding that Merck had “unclean hands” as a result of a “pervasive pattern...
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A Shareholder Agreement Trap for Shareholder Employees

Shareholder agreements are common among owners of closely held corporations or LLCs. These agreements are generally enforceable under Minnesota law.[1] Frequently, such agreements include provisions governing the transfer of ownership interests. The interaction of certain combinations of common provisions governing the transfer of ownership interests can create unfortunate incentives that minority shareholder employees should be...
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When Evergreens Get Chopped

An “evergreen” contract is a contract which automatically renews at periodic intervals. Evergreen contracts are useful but can lead to problems if the parties become complacent. Imagine Ingmar & Ingrid, Inc. enters into a contract for one year to receive a weekly delivery[1] from Antony & Cleopatra, LLC.  The contract includes an evergreen provision that...
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The End of the Appellate Road for Lund

My previous discussion of the Minnesota Court of Appeals’s opinion in the Lund litigation (here, here, and here) noted that on February 12, 2019, the Lund defendants filed a petition asking the Minnesota Supreme Court to review the decision of the Court of Appeals. On March 27, 2019, the Supreme Court declined to do so. Accordingly,...
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Claims Against Trustees: Lund Again

In December 2014, Kim Lund, one of four siblings who shared beneficial ownership of Minnesota’s Lund grocery empire, filed a lawsuit against her brother Tres Lund (the CEO of the business entities), the entities themselves, two directors, and a co-trustee of one of Kim’s trusts. In the action Kim sought to divest her Lund business...
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