Steven W. Wilson

REPRESENTING BUSINESS

Litigation

Steve regularly represents business clients in federal and state courts, arbitrations, and administrative proceedings, in matters involving:

• Discrimination charges and suits based on race, national origin, religion, age, disability, sex, sexual orientation and other protected classes, including sexual and other harassment
• Employee benefit claims for severance, disability, life, and health benefits (ERISA claims)
• Whistleblower, public policy violation, retaliation, and wrongful discharge allegations
• Violations of non-compete agreements and restrictive covenants
• Trade secret misappropriation
• Allegations of libel or slander
• Wage and hour, tip pooling, tip sharing, and other payroll practices
• Breach of contract for commissions or other compensation, including quasi-contract, promissory estoppel, and breach of covenant of good faith and fair dealing
• Securities fraud, including selling away and alleged inadequate supervision
• Usurpation of corporate opportunity, duty of loyalty, business judgment, and 302A.751 claims
• Guardianship and conservatorship disputes
• Will contests, including allegations of undue influence and lack of capacity
• Estate administration disputes

Recent Litigation Results Achieved

• Frieler v. Carlson Marketing Group, Inc., 751 N.W.2d 558 (Minn. 2008) — defended marketing company in sexual harassment case, winning summary judgment and affirmance on appeal, and on review by Minnesota Supreme Court won adoption of Faragher-Ellerth affirmative defense for Minnesota employers under the Minnesota Human Rights Act.
• Ramlet v. E.F. Johnson Co., 507 F.3d 1149 (8th Cir. 2007), aff’g 464 F. Supp. 2d 854 (D. Minn. 2006) — defended communication systems manufacturer in Age Discrimination in Employment Act (ADEA) action, winning summary judgment in trial court and affirmance on appeal.
• Bender et al. v. Xcel Energy, 507 F.3d 1161 (8th Cir. 2007), aff’g No. 04-CV-03117 (ADM/FLN), 2006 WL 1371658 (D. Minn. May 17, 2006) — defended public utility against multi-million dollar ERISA deferred compensation claim brought by terminated executives of a bankrupt subsidiary; won summary judgment in trial court and affirmance on appeal.
• Nelson v. Unum Life Ins. Co. and Jostens, Inc., 468 F.3d 117 (2d Cir. 2006) — defended school promotion and award company in ERISA long-term disability case; won summary judgment and affirmance on appeal.
• Hall v. Mesaba Airlines, No. 04-2804 MJD/JGL, 2005 WL 1829971 (D. Minn. July 29, 2005) — defended regional air carrier in pregnancy discrimination case; won summary judgment for client, not appealed.
• Petersen v. E.F. Johnson Co., 366 F.3d 676 (8th Cir. 2004) — defended communication systems manufacturer at trial and on appeal of ERISA severance benefits claim; won at trial and on appeal.
• Production Resource Group, Inc. v. Van Hercke, No. A03-1584, 2004 WL 1445126 (Minn. Ct. App. June 29, 2004) — won appellate modification of forfeiture judgment against ex-CEO accused of fiduciary breach.

Counseling

Additionally, Steve minimizes legal risk for his clients through his compliance advice to employers, precluding legal claims altogether, in situations involving:

• Age Discrimination in Employment Act (ADEA) compliance, including Older Workers Benefit Protection Act (OWBPA) waiver and release requirements
• Americans with Disabilities Act (ADA) compliance
• Disability accommodation
• Drug and alcohol testing in the workplace
• Employee handbooks and personnel policies
• Employee Retirement Income Security Act (ERISA) plan benefit claims and appeals
• Employment agreements of all kinds
• Employee benefit and compensation plans
• Fair Labor Standards Act (FLSA) and other wage and hour law compliance
• Family and Medical Leave Act (FMLA) compliance, including other statutorily-protected leaves of absence under Minnesota state law
• Minnesota Human Rights Act (MHRA) compliance, including claim release and waiver requirements
• Pre-employment screening and investigation
• Reductions in Force (RIFs)
• Religious accommodation
• Terminations
• Workplace investigations

Recent Risk Avoidance Solutions Achieved

• Counseled numerous executives, managers, and human resource professional in conducting and minimizing risks associated with employment terminations.
• Developed policy to prevent spread of H1N1 flu at employer which had many employees who traveled to and from Mexico.
• Conducted disparate treatment and disparate impact analyses, and drafted separation agreement and release documents, for employers implementing reductions in force.
• Revamped drug and alcohol testing policy for industrial machinery manufacturer to bring policy and practices into compliance with Minnesota’s restrictive drug testing statute, the Minnesota Drug and Alcohol Testing in the Workplace Act.
• Advised beverage manufacturer regarding separation pay and issues related to change of control agreements.
• Counseled baked foods manufacturer concerning competing claims of former and surviving spouse to proceeds of deceased employee’s employee stock option (ESOP) and 401(k) benefit plan account balances.
• Advised agricultural commodities brokerage company regarding attempted workplace accommodation of employee who passed out at work, and was suspected of illegal drug use.
• Conducted sexual harassment training for hundreds of employees of medical device manufacturer.

INDUSTRIES SERVED

Steve’s clients have included Fortune 25 firms, and businesses of all sizes, in a variety of industries, including:

• Adjunct Professor, William Mitchell College of Law; developed and teaches an upper level course, Advanced Employment Law: Advising the Employer
• President, Board of Directors, The Storefront Group; leads board of non-profit social services agency with mission of transforming lives of at-risk children and families
• Speaker, Society of Human Resource Management; speaks annually at the Minnesota state conference of this highly regarded industry association
• Speaker, numerous Continuing Legal Education seminars, including Upper Midwest Employment Law Institute
• General Counsel, Twin Cities Marathon (former); Steve has completed seven marathons, including the Boston Marathon
• Special Assistant United States Attorney (former)
• Judge Advocate, United States Army Judge Advocate General’s Corps (former)

BAR ADMISSIONS

• United States Court of Appeals for the Second Circuit
• United States Court of Appeals for the Eighth Circuit
• Unites States Court of Appeals for the Ninth Circuit
• United States District Court for the Western District of Kentucky
• United States District Court for the District of Minnesota
• United States District Court for the District of North Dakota
• Minnesota Supreme Court and all Courts of Minnesota

EDUCATION

William Mitchell College of Law, Juris Doctor Cum Laude, 1986
Saint John’s University, Bachelor of Science, Economics, 1983