Bratvold, Diane B.

Current Employment Position(s)

; Business Litigation

Year Joined Organization: 2007

Lawyer Overview

Diane is a shareholder in the firm of Briggs and Morgan, Professional Association. In her more than 18 years of practice, Diane’s primary focus has been handling civil appeals in several federal and state appellate courts, including the Minnesota Court of Appeals, Minnesota Supreme Court, and the U.S. Court of Appeals for the 7th, 8th and 9th Circuits. She is a member of the firm's Business Litigation Section and Appellate Practice Group.

She practices primarily in the areas of:

• State and federal appellate law
• Business litigation

State and Federal Appellate Law
Diane has practiced almost exclusively in civil appeals for more than 18 years. She also frequently consults or has been admitted pro hac vice for appellate matters in North Dakota, Wisconsin and Iowa. She has handled many appeals involving a wide range of issues, including constitutional law, employment law, trust and probate matters, trade secrets, business contracts, insurance law, ERISA litigation, complex civil procedure, product liability and tort liability.

In 2006, Diane was inducted into the American Academy of Appellate Lawyers as a fellow, a prestigious honor in her field. She was recently appointed to the Minnesota Supreme Court's Advisory Committee on Rules of Civil Appellate Procedure by Minnesota Supreme Court Chief Justice Eric Magnuson. She also currently serves as president-elect of the Eighth Circuit Bar Association, chair of the Program Committee and member of the Steering Committee of the Defense Research Institute’s (DRI) Appellate Advocacy Committee, and 8th Circuit editor of Certworthy. In addition, Diane was appointed to the Amicus Curiae Committee of the Minnesota Defense Lawyers Association (MDLA). She has frequently represented various amici, both public and private, in the appellate courts.

Diane is an adjunct professor at the University of St. Thomas Law School, where she has taught "Appellate Advocacy" since 2002. She regularly speaks on general appellate topics at various industry seminars, CLEs and conferences. She is also a contributing author to several respected appellate publications, including a chapter on post-decision appellate procedures for the Eighth Circuit Appellate Practice Manual; chapters on brief writing, appellate procedure and oral argument in Matthew Bender’s Art of Advocacy: Appeals; and "Appellate Process" in West Publishing’s Minnesota Practice: Methods of Practice.

Business Litigation
Although Diane’s primary focus is appellate law, she also regularly consults with trial attorneys on complex matters that show potential for future appeals. Comprehensive legal consultation covers all aspects of pre-trial practice, including advising on dispositive motion practice, monitoring trials to ensure that a proper record is made, and handling significant post-trial motions and arguments.

In her service to the community, Diane currently lends her legal skills to two reputable local nonprofits. First, she handles pro bono asylum appeals for the low-income clients of Minnesota Advocates for Human Rights. In one recent case, she won an appeal on behalf of an Ethiopia native and citizen who sought asylum based on past persecution and fear of future persecution due to her ethnic identity and political activity. Diane is also active with pro bono appeals through Chrysalis. In addition, Diane volunteers with the youth and teenage programs at her family’s church and assists with fundraising for the Champlin Park High School music and theater departments.

Diane is admitted to practice in Minnesota state and federal courts, as well as U.S. Courts of Appeals for the 7th, 8th and 9th Circuits. She has been listed in Minnesota Super Lawyers (as seen in Minnesota Law & Politics ), and named among the "Top 100 Women Super Lawyers" in Minnesota and a top appellate lawyer by Minnesota Law & Politics. In 2007, the Minnesota chapter of the National Association of Women Business Owners (NAWBO) named her a "Woman of Achievement."

Diane received her B.A. in political science and journalism from Macalester College, graduating summa cum laude. She received her J.D. cum laude from the University of Minnesota Law School, where she was note and comment editor of the Minnesota Law Review. She practiced appellate law for nearly 20 years before joining Briggs in 2007.

Areas of Practice

• Business Litigation
• Appellate Representation
• Class Action Defense
• Trust and Estates Litigation
• Product Liability Defense
• Construction Litigation
• Intellectual Property Litigation
• Employment Law Litigation
• ERISA Litigation

West Practice Categories

Affirmative Action -- Employee, Affirmative Action -- Employer, Antitrust & Trade Regulation, Antitrust Law, Asbestos, Banking & Finance Law, Business & Commercial Law, Business Organizations, Chemicals & Cosmetics, Class Actions, Class Actions, Complex Litigation, Construction Contracts, Construction Law, Construction Liens, Contracts, Copyrights, Defects, Domain Names, Employee Retirement Income Security Act (ERISA) -- Employee, Employee Retirement Income Security Act (ERISA) -- Employer, Employment Contracts -- Employee, Employment Contracts -- Employer, Employment Discrimination -- Employee, Employment Discrimination -- Employer, Employment Law -- Employee, Employment Law -- Employer, Energy Law, Environmental Law, Estate & Gift Taxation, Estate Planning, Federal Appellate Practice, Federal Claims Court, Federal Trial Practice, Government Construction Contracts, Government Construction Contracts, Government Contracts, Hazardous Waste, Intellectual Property Law, International Antitrust, Internet -- Cyberspace, Limited Liability Companies, Litigation & Appeals, Living Wills, Medical Products & Devices, Non-profit & Tax-exempt Organizations, Occupational Safety & Health Act (OSHA) -- Employee, Occupational Safety & Health Act (OSHA) -- Employer, Patent Litigation, Products Liability Law, Radiation & Electromagnetic Energy, Science & Technology Law, Sexual Harassment -- Employee, Sexual Harassment -- Employer, State Appellate Practice, State Trial Practice, Taxation Law, Technology Licensing, Toxic Torts, Trade Associations, Trade Regulation, Trademarks, Trusts, US Court of Appeals for the Federal Circuit, US Supreme Court, Wage & Hour Laws -- Employee, Wage & Hour Laws -- Employer, Whistleblower -- Employee, Whistleblower -- Employer, Wills, Workers' Compensation Law, Wrongful Termination -- Employee, Wrongful Termination -- Employer

Bar Admissions

• Minnesota, 1987

Professional Associations and Memberships

• Minnesota Supreme Court
• Member, Advisory Committee on Rules of Civil Appellate Procedure
• Minnesota State Bar Association
• Member; Former Chair, Appellate Section; Member, Court Rules and Administration Committee
• Eighth Circuit Bar Association
• President-Elect; Former Treasurer; Former Minnesota Director
• Defense Research Institute Appellate Advocacy Committee
• Chair, Program Committee; Member, Steering Committee
• Minnesota Defense Lawyers Association (MDLA)
• Member, Amicus Curiae Committee
• Minnesota Advocates for Human Rights
• Pro Bono Asylum Appeals
• Chrysalis
• Pro Bono Appeals

Education

• University of Minnesota Law School, 1987
  J.D.
  Honors: Cum Laude
• Macalester College, 1981
  B.A.
  Honors: Summa Cum Laude
  Major: Political Science, Journalism

Published Works

• Appellate Tips: Strategies in Seeking Discretionary Review, 2009
• Upcoming Article to Discuss Strategies for Seeking Discretionary Review, 2008
• MN Lawyer Interviews Diane Bratvold on Court of Appeals' 25th Anniversary, 2008
• Methods of Practice MN: Bratvold Co-Authors Chapter 1, 2007

Address

2200 IDS Center
80 South Eighth Street
Minneapolis, MN 55402

Phones

612.977.8789 (Business Phone)

Faxes

612.977.8650 (Business Fax)

Emails

Contact Us (Business Email)

Websites

http://www.briggs.com/