Attorneys

Education

William Mitchell College of Law, J.D., 2001, Magna Cum Laude

University of Minnesota, Carlson School of Management, B.S.B., With Distinction

Bar & Court Admissions

  • Minnesota

Clerkships

  • Honorable Jill Flaskamp Halbrooks, Minnesota Court of Appeals
Overview
Experience
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Kevin Decker is a member of the Business Litigation section and Appellate practice group and practices primarily in the areas of:

  • Financial litigation
  • Regulated industries
  • Toxic torts
  • Federal and state court appeals

Kevin has a wide range of experience in highly complex litigation matters, including representing lenders and others in fraudulent transfer and related claims litigation, railroads and utilities in toxic tort lawsuits, and various businesses in unfair competition and merger and acquisition disputes. Kevin has worked extensively on matters before the federal and state appellate courts and also on several certiorari petitions and oppositions at the U.S. Supreme Court.

Kevin has defended large financial institutions, individuals and non-profits who are made targets of fraudulent transfer and related claims by bankruptcy trustees and receivers. Many such cases arise out of Ponzi schemes or other sophisticated financial transactions, allowing Kevin to draw upon his accounting background and marry such skills with his litigation experience.

Kevin was a member of the trial team responsible for handling a major case involving more than 100 personal injury/property damage claims, and causes of action by the state and city, stemming from alleged leakage of millions of gallons of diesel fuel. He also helped defend an international railroad against thousands of toxic exposure complaints related to a high-profile train derailment. Through these cases, Kevin has gained extensive appellate experience, as well as deep knowledge of federal preemption and jurisdiction issues.

Regarding utilities, Kevin has represented an electric company in matters involving stray voltage claims and alleged exposure to harmful levels of underground current. He also has experience handling litigation bars to claims that implicate tariffs filed with state utilities commissions. Kevin’s utilities work has spanned the district and appellate courts.

In his general business litigation practice, Kevin has experience with all types of business disputes. He has successfully represented innovative companies seeking to protect their intellectual capital from falling into the hands of competitors. Kevin has also advised clients when litigation arises after a failed merger or acquisition.

While Kevin was in law school, he served as an assistant editor for the William Mitchell Law Review. He also has been an adjunct professor at William Mitchell College of Law, where he taught federal jurisdiction.

Prior to joining Briggs, Kevin was an accountant for a Minneapolis accounting firm.

Honors & Awards

  • Rising Star, Minnesota Super Lawyers
  • Up & Coming Attorney, Minnesota Lawyer
  • Future Star, Benchmark Litigation

Experience

  • Argued complex merger/acquisition dispute before the Minnesota Court of Appeals and the Minnesota Supreme Court.
  • Challenged last will and testament on grounds of lack of capacity and undue influence.
  • Defended national bank in fraudulent transfer "clawback" actions arising under the bankruptcy code and uniform fraudulent transfer act in relation to bankruptcies filed by companies running an alleged Ponzi scheme.
  • Defended thousands of claims and numerous trials stemming out of a North Dakota derailment.
  • Defending a lender bank in trial court and on appeal to the Minnesota Court of Appeals and Minnesota Supreme Court in "clawback" action seeking to recover amounts paid to the bank per its loan participation agreement. 
  • Handled appeals to Minnesota Court of Appeals and Minnesota Supreme Court to protect energy company tariffs against a class action attacking tariffs on filed rate doctrine and primary jurisdiction grounds.
  • Ongoing counsel of financial institution in fraudulent transfer litigation arising out of Ponzi schemes. Representation includes internal investigations and development and implementation of legal strategies.
  • Quashed third-party subpoenas served as part of large international arbitration regarding a grain shipping dispute.
  • Represented a national bank and affiliates as creditors in receivership and in related Chapter 11 bankruptcies involving a $3.5 billion Ponzi scheme.
  • Represented corporate buyer in complex litigation concerning stock acquisition of a new subsidiary. Seller sued to recover $2 million in assets within the transferred company that were discovered post-closing.
  • Represented long-distance carrier in federal court regarding access charge compensation claims related to calls to chat lines and conference bridges.
  • Represented wireless carriers in obtaining eligible telecommunications carrier designation from Federal Communications Commission and various state public utility commissions.
  • Representing an Arizona resident on claims arising out of an alleged fraudulent conspiracy.