Brian Dillon

Career

Clients frequently turn to me in times of significant stress and pressure. I take pride in offering a strong blend of legal and emotional intelligence, striving to instill confidence in clients that they will receive vigorous representation focused on achieving the best possible results. As one client states, “Brian is brilliant. He can articulate the legal issues and move on them decisively. He is responsive to the client, with an uncanny empathic ability to meet the client where they are. He follows up to make certain there is nothing hanging undone. He is successful in court. He works collaboratively with his colleagues.”

Brian Dillon is the Partner in Charge of Lathrop GPM’s Minneapolis office. With a wealth of litigation experience, Brian concentrates on trust and estate disputes, complex business and shareholder conflicts, and defending against government investigations and enforcement actions. Clients value his diverse litigation background and straightforward, practical approach to resolving disputes in and outside the courtroom.

Brian represents high-net-worth individuals, families, family offices, trust companies, professional fiduciaries, for-profit and nonprofit organizations and other beneficiaries in disputes involving estates, trusts and other testamentary instruments. He also addresses disputes concerning guardianships, conservatorships and the rights of vulnerable adults across the upper Midwest and beyond. Licensed to practice before the U.S. Tax Court, Brian advocates for clients in matters involving estate taxes, ensuring their interests are protected in disputes with state and federal regulators.

Brian is often engaged in helping resolve estate conflicts among owners of closely held and family-owned businesses and in complex business and shareholder disputes. He frequently advises clients on corporate governance, business succession, minority shareholder rights and the appropriate use of corporate funds. With extensive experience in prosecuting and defending cases involving claims of fraud, embezzlement, unfair competition and breach of fiduciary duty, Brian serves a diverse audience across various industries, including:

Agribusiness

Financial services

Health care

Manufacturing

Real estate

Restaurant, food and beverage

Technology

In the administrative and regulatory space, Brian assists clients in conducting internal investigations and responding to those initiated by government agencies and whistleblowers. He defends clients facing government enforcement and licensing actions and helps them develop and implement robust compliance programs. Brian also has extensive knowledge of state and federal campaign finance laws and is frequently sought out to advise nonprofit advocacy organizations on compliance matters.

Before joining the firm, Brian served as an Assistant Attorney General in the Minnesota Attorney General’s Office, where he prosecuted cases involving consumer protection, financial services, healthcare and antitrust laws. He represents the firm on the boards of Twin Cities Diversity in Practice and the Wanton Injustice Legal Detail. He is also a member of the Minnesota State Bar Association’s Probate, Trusts and Estates Section and actively participates in its Litigation and Diversity and Inclusion Committees.

Practice Areas

White-Collar Defense & Investigations

Litigation

Closely Held & Family Businesses

eDiscovery: Data, Records & Information Governance

General Business & Complex Commercial Litigation

Shareholder Disputes

Trust & Estate Litigation

Real Estate Litigation & Disputes

Financial Services Litigation

Payment Systems

Bankruptcy, Restructuring & Creditors’ Rights

Health Care Litigation

ESG Guidance

Experience

Administrative and Regulatory Defense

Represented a major healthcare provider in a dispute with the Department of Human Services regarding the application of Disproportionate Share Hospital reimbursement rules and requirements.

Represented health care provider in responding to federal and state investigative demands.

Represented diversified agricultural company in responding to FTC subpoenas.

Represented pharmacy services provider in response to investigative demand and enforcement action brought by the Minnesota Board of Pharmacy.

Advocated for a bullion coin dealer in connection with multiple investigations and enforcement action led by the Minnesota Department of Commerce.

Advocated for government and private entities in complex litigation and investigations involving alleged breaches of the False Claims Act, state and federal healthcare regulations, false advertising and fair-trade practice regulations, government contracting regulations and campaign finance laws.

Assisted a financial services company in addressing multiple investigations conducted by the Minnesota Department of Commerce and the Attorney General’s Office.

Assisted a nonprofit organization in appealing a decision by the Minnesota State Arts Board to deny grant funding, resulting in a favorable judgment of $875,000.

Represented a general contractor in response to various investigations by the Minnesota Department of Labor and Industry.

Represented a medical imaging company in a civil dispute alleging Stark and Anti-Kickback violations

Represented a publicly traded money transmitter in a contested case proceeding initiated by the Minnesota Department of Commerce.

Represented the board of directors of a large insurance company in an internal investigation over a troubled development project, conducting numerous witness interviews and overseeing the review of some 1.2 million emails over two months.

Represented nonprofit political advocacy organizations in legal matters related to claims under Minnesota’s Fair Campaign Practices Act.

Complex Business Litigation and Shareholder Disputes

Represented majority owner of closely held businesses in action by minority owner alleging breach of fiduciary duty and reasonable expectations, resulting in buyout on favorable terms.

Advocated for a franchisor in a dispute with a franchisee alleging wrongful termination of the franchise agreement and violations of the Minnesota Franchise Act, culminating in a three-day arbitration.

Advocated for the corporate owner of an ethanol facility in a case brought by former minority owners, addressing claims related to a squeeze-out merger, which included a six-day court trial focused on valuation issues.

Advocated for the majority owners of a grain elevator company in a shareholder dispute involving claims of fraud, embezzlement, minority shareholder oppression and breach of fiduciary duty, ultimately restoring ownership of the entity to its majority owners.

Represented a publicly traded agricultural company and a minority owner of a joint venture in international arbitration concerning claims of breach of fiduciary duty and violations of the member control agreement.

Represented a radio broadcasting company in a civil fraud and embezzlement lawsuit against a former bookkeeper, resulting in a favorable judgment of $1.5 million and an additional restitution order linked to a related criminal case.

Represented former directors and officers of a defunct insurance company against breach of fiduciary duty and related allegations raised by the company’s court-appointed liquidator.

Represented the court-appointed receiver of companies involved in a Ponzi scheme in efforts to obtain relief for defrauded investors by asserting claims primarily under the Uniform Fraudulent Transfer Act.

Represented the majority owner of a commercial cleaning service against breach of fiduciary duty claims from a minority owner, ultimately achieving a buyout under favorable terms.

Pro Bono Matters

Acted as a volunteer attorney for the Children’s Law Center, representing children involved in CHIPS (Child in Need of Protection or Services) and related proceedings.

Lead counsel for Common Cause Minnesota, OneMinnesota.org, and Voices for Racial Justice during Minnesota’s special judicial redistricting proceedings, representing the rights and interests of Minnesotans of color. Delivered oral arguments before a five-judge Special Redistricting Panel, which marked the final public step in a series of hearings aimed at gathering input on redistricting and defending proposed maps designed to enhance the influence of Minnesota’s growing minority communities on voting district boundaries.

Trusts and Estates Litigation

Advocated for beneficiaries in contested trust proceedings, which involved a six-day court trial, successfully obtaining an order invalidating certain estate planning instruments due to undue influence and unconscionability.

Advocated for the personal representative of an estate in a petition for redetermination of federal estate tax deficiencies involving disputes over lifetime transfers, debts of the decedent and expenses and property not subject to tax, resulting in a favorable settlement.

Advocated for trust beneficiaries in contested proceedings for the removal of a trustee, resulting in the emergency removal of the trustee and a court order to freeze the trustee's accounts and assets while surcharge claims were developed.

Represented a QTIP trust beneficiary in contested trust proceedings to secure the appointment of a special fiduciary and an order requiring the trustee to generate income from the assets.

Represented a trust beneficiary and vulnerable adult in a contested action to invalidate a trust disclaimer based on undue influence and lack of capacity, successfully obtaining a temporary restraining order to freeze the disputed assets controlled by the trustee, leading to a favorable settlement.

Represented a decedent's estate in a lawsuit against the decedent’s former business partner to enforce contractual rights and address breaches of fiduciary duty.

Represented the heir of the Prince estate during the initial stages of estate proceedings, achieving the appointment of a special administrator and facilitating the development of preliminary plans to secure and monetize estate assets.

Represented the trustee of a Family Trust in a contentious dispute initiated by the Trust's grantor, who sought to terminate or alter the Trust instrument in a manner that would have adversely affected the beneficiaries. The case was successfully resolved through a settlement that included decanting the Trust assets and safeguarding the beneficiaries' interests.