Brian C. Fries
Brian Fries focuses his practice on class actions and complex litigation, and he leads the firm’s Class Action group. He has extensive trial practice, arbitration, and mediation experience in a variety of litigation matters throughout the United States.
His experience includes disputes arising from general business transactions, class actions, accounting and other professional negligence claims, healthcare litigation, real estate transactions, business ownership disputes, banking related claims, and a variety of tort, breach of contract and fraud claims.
Brian knows there is no one-size-fits-all approach to litigation, and he excels at working with clients to achieve their goals.
Brian also provides general outside legal counsel and advice to privately owned businesses.
Class Action Experience
- Defense of University in class action brought by former student athletes and parents alleging violations of Kansas Consumer Protection Act due to safety” representation regarding campus. Obtained complete dismissal on motion to dismiss based upon lack of standing.
- Defense of City regarding alleged improper tax and negotiation of favorable and creative settlement.
- Defense of hospital systems in consumer class actions relating to charges for providing medical records.
- Defense of national pharmacy in consumer class action relating to charges for providing medical records.
- Defense of medical records provider in consumer class action relating to charges for providing medical records.
- Defense of behavioral healthcare provider in class action relating to appropriateness of treatment guidelines.
- Defense of state agencies relating to claims of inappropriate foster care system.
- Defense of TCPA class actions relating to automated dialers and alleged TCPA violations.
- Defense of food manufacturer relating to package labeling claims.
- Representation of hospital in class action and obtaining of summary judgment in claim alleging improper disclosure of Protected Health Information through Business Associate agreement.
- Defense of commercial automobile insurance carrier in several class actions relating to policy language and interpretation.
- Defense of sport vehicle manufacturer in several consumer class actions relating to sales transactions.
- Defense of financial institution in class action relating to electronic bill payment transactions.
- Defense of financial institutions in class actions relating to overdraft fees.
- Defense of consumer fraud class action relating to advertising for medical procedures.
- Defense of title insurance company in class action seeking nationwide certification of class.
- Defense of consumer class actions relating to unsolicited faxes.
- Representation of telemarketing entities in national class actions and attorney general investigations.
- Defense of odor nuisance class actions.
- Defense of toxic tort class actions.
- Defense of numerous cases brought by customers of one of the world’s largest financial institutions.
- Trial judgment for bank in defense of claim relating to alleged wrongful dishonor of cashier’s check based upon failures in negotiability of underlying checks. Plaintiff alleged significant economic and non-economic harm, and asked the court for punitive damages, seeking in total over $25 million dollars in damages.
- Defense of national accounting firm in numerous cases relating to alleged negligence claims.
- Defense of energy trading company in litigation relating to fraudulent third-party commodity trader.
- Trial judgment for business purchaser to obtain $1.5 million earnest money deposit in real estate transaction and attorney’s fees.
- Representation of international company in litigation relating to asset sale agreement.
- Several cases involving representation of officers, limited partners and general partners in breach of contract and breach of fiduciary duty claims.
- Representation of purchasers in fraud case resulting from commercial real estate transactions with underlying environmental contamination.
- Representation of educational product licensor in dispute with licensees.
- Representation of employers in enforcement of restrictive covenants with former employees.
- Defense of directors and officers of life insurance company in action brought by receiver.
- Representation of seller of manufacturing facility in indemnity and breach of contract action brought by purchaser relating to environmental liabilities.
- Representation of insureds in coverage disputes with insurance companies.
- Pro bono representation of board of directors of charitable organization.
Brian served on the former Executive Committee for Lathrop Gage, and chaired that firm’s Litigation Division for several years.
Prior to attending law school, he was a financial analyst and examiner for the Federal Reserve Bank of Kansas City.
Brian is active in supporting youth sports. He served as President of the parent's board of a competitive swim team for several years, and was also recognized in 2014 with the President’s Appreciation Award from the Country Club Swim Association of Kansas City (CCSAKC) for his contributions to the swimming league. He also served for several years as President of the local boys' youth and high school lacrosse league, and was twice recognized by US Lacrosse as the Boys’ High School Person of the Year for the Kansas City area for his contributions to growing the game of lacrosse, in part by helping create a charity that helps make the sport available to those who might not otherwise be able to afford to play.
- Speaker, "Class Action Settlements," KCMBA Annual Business Litigation Seminar, August 6, 2020
- Speaker, "Arbitration: Emerging Issues for In-House Teams," 2019 State of Litigation, June 6, 2019
- Co-author, "'Immune' claims and COVID-19," Regulatory Affairs Professionals Society, Regulatory Focus, June 30, 2021
- Author, "Chapter 17, Class Actions In Missouri and Kansas," KCMBA Business Litigation Handbook (3d ed.), 2017
- Author, "Officers and Directors in the Crossfire: Increased Litigation Risks from Shareholder Derivative Lawsuits," Bloomberg Corporate Law Journal, Winter 2009.
- Author, "Recent Amendments to the Bankruptcy Code: A Politically Motivated Less Fresh Start," 56 Missouri Law Review, 1991
Client Alerts and Blog Posts
- April 9, 2021
- Eleventh Circuit Breaks “New Ground” for Common Class Action Practice: Incentive Awards Banned by 1880s Supreme Court PrecedentSeptember 23, 2020
- May 22, 2020
- April 30, 2020
- March 3, 2020
- February 11, 2020
In the News
- November 16, 2021
- August 19, 2021
- November 16, 2020
- Lathrop GPM Insurance Recovery Practice Receives National Benchmark Litigation Honors; Nine Attorneys Named Benchmark Litigation StarsNovember 6, 2020
- Lathrop GPM Attorneys Named to The Best Lawyers in America©, Lawyer of the Year, and Ones to Watch for 2021August 20, 2020
- November 13, 2019
- October 8, 2019
- August 15, 2019
- November 14, 2018
- August 15, 2018
- November 9, 2017
- October 16, 2017
- August 15, 2017
- August 16, 2016
- October 14, 2013
- August 15, 2013
- May 17, 2013
- October 15, 2012
- August 22, 2012
- July 9, 2012
- November 1, 2011
- October 13, 2010
- August 26, 2010
- August 25, 2010
- August 6, 2010
- July 11, 2008
- The Missouri Bar Association
- Kansas Bar Association
- American Bar Association
- The Kansas City Metropolitan Bar Association (former Legal Advisor to Board), Member, Business Litigation Committee
- Lawyers Association of Kansas City, Former Chairman, “Crackdown on Crackhouses,” Young Lawyers Section
- Former Participant, Ross T. Roberts Inn of Court
- Former Member, Eighth Circuit Subcommittee on Civil Jury Instructions
- Earl E. O’Connor American Inn of Court
- Lacrosse Association of Kansas City, President; Treasurer
- Lacrosse The City, Founder
- The Civic Council of Greater Kansas City, Kansas City Tomorrow, Class XXVIII
- Named the Kansas City, Mo. Litigation – Banking and Finance “Lawyer of the Year” by Best Lawyers, 2020
- Selected among The Best Lawyers in America®, 2011-2022
- Selected for Benchmark Litigation, the Guide to America’s Leading Litigation Firms and Attorneys, 2011, 2013, 2016, 2018, 2020, 2021, 2022
- Selected for Missouri/Kansas Super Lawyers, 2008-2020
- Martindale-Hubbell® “AV” Rating
- Order of the Coif
- Board of Advocates
- Editor-in-Chief, Missouri Law Review
2345 Grand Blvd.Suite 2200Kansas City, MO 64108
- Litigation & Dispute Resolution
- Class Action
- Complex Financial Litigation
- eDiscovery: Data, Records & Information Governance
- General Business & Complex Commercial Litigation
- Non-Compete, Non-Solicit, Trade Secrets & Other Restrictive Covenants
- Environmental Insurance Analysis & Recovery
- Environmental Litigation
- Contaminants & Toxic Tort
- Accountant Liability & Risk Management
- Financial Services
- U.S. District Court for the District of Kansas
- U.S. District Court for the Western District of Missouri
- U.S. District Court for the Eastern District of Missouri
- U.S. Court of Appeals for the Eighth Circuit
- U.S. Court of Appeals for the Tenth Circuit
University of Missouri-Columbia School of Law, J.D., cum laude, 1992
Arizona State University, B.S., Finance, 1987