Attorneys

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Education

William Mitchell College of Law, J.D., 1982

University of Minnesota, B.A., 1978

Bar & Court Admissions

  • Minnesota
  • U.S. Supreme Court
  • U.S. Court of Appeals 8th Circuit
  • U.S. Court of Appeals 7th Circuit
  • U.S. Court of Appeals 3rd Circuit
  • U.S. District Court for the District of Minnesota
Photo of Alan L. Kildow
Alan L. Kildow
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Alan is a member of the Business Litigation group, practicing primarily in the areas of:

  • Banking and finance
  • Insurance
  • Real estate
  • Antitrust
  • General commercial litigation

Alan represents banking, insurance, real estate, and Fortune 500 clients in civil and class action suits involving antitrust, RICO, lender liability, fraud, breach of fiduciary duty, breach of contract and deceptive trade practices. His representation of banking and insurance clients includes investigations, enforcement proceedings, and civil litigation with regulators and attorneys general.

He has experience in state and federal courts in more than 20 jurisdictions, including Arizona, California, Colorado, Connecticut, Florida, Illinois, Iowa, Michigan, Minnesota, Montana, Nevada, New Jersey, New York, North Dakota, South Dakota, Washington and Wisconsin, among others. Alan represents clients in civil and appellate courts, and has tried dozens of bench trials, jury trials, regulatory proceedings and arbitrations. He also has defended numerous consumer class actions brought under both federal and state law. 

Experience

Banking

  • Represented creditors in an action arising out of the financing of the purchase of a $500 million privately-held company
  • Represented a national financial institution in an action that included lender liability claims arising out of the collapse of a $200 million leasing company
  • Represented a national financial institution in an action involving fraud in an asset-based debt facility where damages were alleged to exceed $200 million
  • Represented a national financial institution in a series of civil actions that included breach of contract, breach of fiduciary duty, and other lender liability claims arising out of the reorganization of a $100 million redevelopment project
  • Represented a national financial institution in a federal action involving lender liability and aiding and abetting claims arising out of the collapse of a $500 million Ponzi scheme, where alleged damages sought exceeded $80 million
  • Represented a national financial institution in an action for coverage under a title insurance policy insuring liens of commercial mortgages on a large urban tract of land where a bankruptcy trustee attacked the enforceability of the mortgage lien on property exceeding $25 million
  • Represented a national financial institution in an action alleging a credit card scam with damages exceeding $3 million
  • Represented numerous national, regional and community banks in dozens of debt collection actions, including:
    • Commercial mortgage foreclosure
    • Personal property recovery
    • Collection on rates
    • Enforcement of guarantees
    • Garnishments
    • Check disputes
    • Lien validity and priority disputes
    • Letters of credit
  • Represented regional and community banks in FDIC, FSLIC, investigations and compliance matters
  • Represented regional and community banks in loan transactions, mergers and acquisitions, change-of-control and regulatory developments

Insurance

  • Represented a national financial institution and insurance intermediary in a massive multidistrict putative class action—In re Insurance Brokerage Antitrust Litigation—involving antitrust and RICO claims arising out of governmental investigations of the insurance industry relating to purported kickbacks and “pay-to-play” schemes with alleged damages exceeding $1 billion
  • Represented a national insurance intermediary in claims brought by former New York Attorney General Eliot Spitzer alleging deceptive trade practices and other claims involving alleged kickbacks relating to the placement of insurance and the payment of commissions by insurers
  • Represented a national insurance intermediary in claims brought by former Connecticut Attorney General Richard Blumenthal alleging deceptive trade practices and other claims involving purported kickbacks and “pay-to-play” schemes relating to the placement of insurance and the payment of commissions by insurers
  • Represented a national insurance intermediary in an action brought the Attorney General of West Virginia involving antitrust and consumer fraud claims with alleged damages exceeding
    $1 billion
  • Represented a national insurance intermediary in federal and state court actions alleging breach of contract and fiduciary duty claims arising out of reinsurance claims causing the collapse of the Unicover Workers’ Compensation Reinsurance Pool with alleged damages exceeding $2 billion
  • Represented a national insurance intermediary in breach of contract and breach of fiduciary duty action involving the lack of insurance coverage for business interruption claims where flood damages were alleged to exceed $120 million
  • Represented a national insurance intermediary in an action alleging breach of contract and breach of fiduciary duty arising out of an insurance coverage dispute where alleged losses exceeded $25 million
  • Represented a national insurance intermediary in an action alleging breach of contract and breach of fiduciary duty arising out of the lack of insurance coverage for the collapse of a massive retail distribution center where alleged damages exceeded $40 million
  • Represented a national insurance intermediary in an action alleging breach of contract and breach of fiduciary duty arising out of the lack of insurance coverage for the flooding of a concrete paver production plant where the purported losses exceeded $35 million and damages sought exceeded $15 million
  • Represented a national insurance intermediary in an action alleging breach of contract and breach of fiduciary duty arising out of the lack of insurance coverage for deaths occurring as the result of a county fair
  • Represented a national title insurance company in an action involving insurance covering an attack by a bankruptcy trustee on the priority of a mortgage lien on a large recreational development where the mortgage lien secured debt that exceeded $20 million
  • Represented a national insurance intermediary in an action alleging breach of contract and breach of fiduciary duty arising out of the lack of insurance coverage for directors and officers insurance coverage where damages were alleged to exceed $15 million
  • Represented a managing general insurance underwriter in an action alleging breach of contract, securities law violations, fraud, and other business torts arising out of the purchase and sale of a book of insurance placements where the alleged damages exceeded $10 million
  • Represented a national insurance intermediary in an action alleging breach of contract and negligence for purportedly incorrect actuarial calculations that were the basis for the design of a group benefits insurance program
  • Represented equity holders in an insurance coverage action that resulted in the successful recovery of a $7 million investment in a large recreational resort development
  • Represented a managing general insurance underwriter in multiple state compliance investigations and enforcement proceedings arising out of the collapse of a health insurance and workers’ compensation pool
  • Represented a national reinsurance intermediary in an action alleging unfair competition and breach of a noncompete agreement
  • Represented a national insurance intermediary in an action alleging unfair competition and breach of a noncompete agreement

Commercial

  • Represented a defendant foreign manufacturer in a patent licensing action where alleged damages exceeded $2 billion; Federal Circuit ultimately dismissed the case against defendant
  • Represented one of Minnesota's largest real estate syndicators in a class action brought on behalf of 2,200 adverse limited partners over the control of numerous residential apartment developments; obtained a complete dismissal of the action
  • Represented a regional real estate developer in an action arising out of the reorganization of a large tract of environmentally blighted redevelopment property where damages exceeded
    $25 million; ultimately reorganized the development, erased the $25 million in liabilities and recovered $3 million for developer
  • Represented a national hotel franchisor in an action for breach of contract and negligence against a contractor involving the failure of a hotel foundation system where the damages exceeded $4 million; recovered $3 million in settlement
  • Represented a Minnesota regional hospital system in a compliance investigation brought by the Minnesota Department of Health and the U.S. Department of Health and Human Services to disallow indigent care eligibility determinations under the Hill-Burton Act, together with insurance claim under a public official liability insurance policy, where damages exceeded $5 million; investigation resolved with no penalty to hospitals
  • Represented a multinational real estate developer in a breach of contract and negligence action against a national architectural firm for $70 million in design cost overruns where damages exceeded $3 million; jury awarded $2 million after two-week trial
  • Represented a regional real estate developer in an action for breach of contract and negligence against a general contractor for construction defects relating to the construction of a hotel where damages exceeded $2 million; recovered $2 million after two-week arbitration
  • Represented an energy contractor in a securities, fraud and breach of contract action arising out of the purchase and sale of stock of a company where the relief was the rescission of the sale of stock
  • Represented a Fortune 100 company in a highly-publicized federal class action brought by the NAACP alleging racial discrimination at one of the world’s largest retail developments; case dismissed on summary judgment
  • Represented a regional transit authority in a highly-publicized federal class action alleging discrimination under the Americans With Disabilities Act relating to access of handicapped citizens to public transportation offered by Metro Mobility in the seven county Twin Cities metropolitan area; case settled for a nominal amount
  • Represented a regional for-profit educational institution in a consumer class action involving alleged fraud and violations of the Minnesota Unfair and Deceptive Trade Practices Act in relation to alleged representations of employment and salary made to students; the jury returned a 100% defense verdict at the end of a three-week trial
  •  Represented certain residents of a Minnesota city in a pro bono action against the city’s mayor and certain councilmembers involving violations of the Minnesota Open Meeting Law that prompted state-wide changes for the conduct of elected officials in Minnesota; after a one-week trial, the court found 38 intentional OML violations and imposed civil money penalties

  • Represented a United Nations family member in a pro bono case for political asylum against the Immigration and Naturalization Service; client gained permanent resident status as a result

Professional Affiliations

American Bar Association, Member

Minnesota State Bar Association, Member