Current Employment Position(s)

Partner

Lawyer Overview

Mr. Bien's litigation practice involves defense of class action claims and other claims for self-insured or partially insured entities, financial services companies, life, health and disability insurance defense, ERISA, general business and financial litigation, insurance professional liability litigation, insurance coverage litigation and real estate litigation.  Mr. Bien has served the firm as Chair of the Litigation Division and the Business Litigation Department.

Mr. Bien has defended dozens of class action matters involving benefit plans, financial services, insurance sales practices, consumer protection claims, warranty claims, merchandising practices and lending practices. Two notable cases were resolved on motions early in the case.  Recent reported cases in this area are S.G. Metals v. New England Life and Doll v. Chicago Title Insurance.

Mr. Bien has been in the forefront of ERISA/employee benefit litigation. He was lead counsel in the leading case concerning preemption of state "penalty" statutes. Additionally, he has handled over 300 matters defending claims handling activities by insurers, plan administrators and other ERISA fiduciaries.

Mr. Bien also has other business practice experience. He previously served as outside counsel for a national transportation firm and in this representation he was involved in corporate policy development (human resource, employee benefits, governance, insider trading, conflict of interests, antitrust, customer relations), transactions, litigation and litigation management, antitrust, regulatory and other business matters.

Areas of Practice

• Business Litigation
• Antitrust, Competition & Consumer Protection
• Class Action or Multi-Party Litigation
• General Business & Complex Commercial Litigation
• Consumer Claim Defense
• Trade Secrets/Covenants Not to Compete
• Insurance, Benefits & ERISA Defense
• Insurance

West Practice Categories

Antitrust & Trade Regulation, Business & Commercial Law, Litigation & Appeals

Bar Admissions

• Missouri, 1983
• U.S. District Court for the Western District of Missouri
• U.S. District Court for the District of Kansas
• U.S. District Court for the District of Colorado

Professional Associations and Memberships

• American Bar Association, House of Delegates (2006- )
• American Bar Association, Judicial Division, Chair (2003 - 2004)
• Missouri Interest on Lawyers Trust Account Foundation Board (IOLTA), Board, 2005, President, 2008
• DRI - Life, Health and Disability Insurance
• Missouri Bar Board of Governors, (1996-2004) Executive Committee, Finance Committee
• American Bar Association, Judicial Division Lawyers' Conference, Chair (2000-2001)
• Blue Valley Recreation Commission, Chairman (1999-2000), Commissioner (1996-2004)
• Director, Lawyers Association of Kansas City, (1993-1997) (2008 - )
• Assembly Speaker, ABA Young Lawyers' Division (1992-1993)
• Past President, Young Lawyers' Section, Lawyers' Association of Kansas City

Honors and Awards

• Named as Super Lawyer, Super Lawyers Corporate Counsel Edition, 2008
• Selected by peers, Best of the Bar, Kansas City Business Journal, (Multiple Years)
• Selected among The Best Lawyers in America®, 2007-2009
• Selected for Missouri/Kansas Super Lawyers, 2005-2009
• Who's Who in American Law
• American Jurisprudence Award in Torts
• Thomas E. Deacy Award in Trial Advocacy
• University of Missouri School of Law - Distinguished Recent Graduate
• Martindale-Hubbell® "AV" Rating

Education

• University of Missouri-Columbia School of Law, 1983
  J.D.
• University of Missouri-Columbia, 1979
  B.S.P.A.

Published Works

• 52 Lathrop & Gage Attorneys Named Super Lawyers, 2008
• National Best Lawyers Roster Includes 50 Lathrop & Gage Attorneys, 2008
• Business Litigators Named Super Lawyers, 2008
• U.S. District Court in Kansas Refuses to Certify Class Action, 2007
• 45 Lathrop & Gage Attorneys Named Super Lawyers, 2007
• Two Lathrop & Gage Attorneys Selected by Peers as “Best of the Bar”, 2007
• K.C. Business Journal: Educate employees, lawyers to keep legal advice private, 2007
• Ten Things You Need to Know About E-Discovery, 2006
• Litigation Newsletter, In-Court Report No. 5 -- Fall 2006, 2006
• Recent Honors for Lathrop & Gage Attorneys - Litigation Insert No. 5 - Fall 2006, 2006
• National Best Lawyers Roster Includes 36 Lathrop & Gage Attorneys, 2006
• Lathrop & Gage Trial Technology Focus-Litigation Insert No. 4-Winter 2006, 2006
• Litigation Newsletter, In-Court Report No. 4 -- Winter 2006, 2006
• 30 Lathrop & Gage Attorneys Named Super Lawyers, 2005
• Marsh Clients Must Decide Whether to Accept Marsh Settlement by September 20, 2005, 2005
• Litigation Newsletter, In-Court Report No. 2 -- Winter 2005, 2005
• Litigation Newsletter, In-Court Report No. 1 -- Fall 2004, 2004
• Court of Appeals Affirms Dismissal of Insurance Class Action, 2003
• Lathrop & Gage L.C. Attorney Named Chair of ABA's Judicial Division, 2003

Address

2345 Grand Blvd.
Suite 2800
Kansas City, MO 64108

Phones

(816) 460-5520 (Business Phone)

Faxes

(816) 292-2001 (Business Fax)

Emails

Contact Us (Business Email)

Websites

http://www.lathropgage.com/