Brian C. Fries

Brian Fries' approach to working with clients is to become their "partner" in the matters, to listen and understand their desired outcomes, and to identify creative paths to achieve their goals and get to resolution efficiently and effectively.

With a practice focused on class actions and complex litigation defense, Brian Fries leads the firm's Class Action Practice Group with a distinctive blend of creativity, dependability and legal insight. Brian's command over the courtroom, coupled with his experience in dispute resolution, positions him as a go-to litigator for a wide range of clients.

Representing a broad spectrum of clients, Brian handles litigation for businesses from publicly traded companies to emerging private enterprises across diverse industries including:

• Financial services
• Health care
• Manufacturing
• Pharmaceuticals
• Professional services

Committed to providing a tailored approach for each client, Brian's role as a national litigation counsel for numerous clients highlights his ability to handle and successfully resolve high-stakes disputes. He thrives on engaging closely with clients, understanding their unique objectives, and devising strategic pathways to meet, if not exceed, their expectations. Brian takes a pragmatic approach to solving complex litigation issues while being mindful of cost efficiencies. Brian often steps in to difficult and complex cases. In one such professional negligence matter with $100 million exposure, he got involved late in discovery to prepare for trial. Brian was able to help the client reach a modest and favorable settlement relative to the risk.

Brian's experience spans a range of litigation matters including the defense of:

• Accounting and professional negligence claims
• Breach of contracts and employment contract disputes
• Complex business disputes including mergers and acquisitions and asset purchase agreements
• Government investigations
• Health care litigation
• Packaging and labeling
• Real estate transactions
• Consumer data and privacy claims
• Consumer protection claims
• Toxic torts, odor nuisances and environmental class actions

Class Action Defense Experience

For more than 20 years, Brian has represented clients in defense of complex litigation and class actions and serves as local counsel in Kansas City working closely with lead counsel for substantial matters. Some of his work includes:

• Obtained a complete dismissal on a Motion to Dismiss against former university student athletes and parents alleging violations of the state Consumer Protection Act.
• Negotiated a favorable settlement for a city regarding alleged improper taxes.
• Defended a hospital system, medical records provider and national pharmacy in several consumer class actions relating to privacy, charges for providing medical records, and advertising for medical procedures.
• Represented a behavioral healthcare provider in a class action relating to the appropriateness of treatment guidelines.
• Obtained summary judgment in a class action against a hospital regarding alleged improper disclosure of protected health information through a business associate agreement.
• Defended and reached favorable settlement for an apartment complex in habitability class action claims.
• Defended numerous financial institutions in class actions relating to electronic bill payment transactions, overdraft fees and other account holder fees.
• Defense and favorable resolutions or settlements in several consumer claims such as TCPA and data breach cases.

WHEN ASKED …

Why did you become a lawyer?

I became an attorney because I saw leaders in the community who were doing good work, helping people, and making their community a better place, and many of them were attorneys.  I am passionate about helping clients in a difficult spot find a path to a good outcome.

What do you do outside of work?

For the past 25 years, I have been an active supporter and leader of youth sports. All three of my children fell into random sports, and they helped shape them as young adults in ways that were unimaginable at the outset. I believe children thrive when they are passionate about something and are put in positions to overcome challenges, learn from their failures, and appreciate their successes and how they achieved success.

• Moderator, "Second Quarter: Courts and Juries in 2023 and Beyond," Lathrop GPM 2023 State of Litigation: Draft Edition, April 12, 2023
• 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

• 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

• Selected among The Best Lawyers in America®, 2011-2024
  • "Lawyer of the Year," 2020
• Benchmark Litigation, the Guide to America’s Leading Litigation Firms and Attorneys, "Local Litigation Star; Commercial, Insurance, Securities," 2011, 2013, 2016, 2018, 2020-2024
• Missouri & Kansas Super Lawyers, 2008-2021
• Martindale-Hubbell® "AV" Rating
• Order of the Coif
• Board of Advocates
• Editor-in-Chief, Missouri Law Review