Fabyanske, Westra, Hart & Thomson, P.A.

Committed to solutions that make business sense Our Commercial Litigation attorneys have extensive trial, mediation and arbitration experience in complex commercial litigation, real estate litigation, partnership and shareholder disputes, insurance disputes, and securities fraud. We work closely with our clients to identify and understand potential areas of exposure, devise strategies to manage risk, and ultimately, resolve disputes both efficiently and effectively. Commercial Litigation. Our attorneys have significant experience in a broad range of business issues, including contract disputes, claims for fraudulent and negligent misrepresentation, matters arising under the uniform commercial code, class actions, fraudulent transfer claims, breach of fiduciary duty claims, tortious interference claims and other business torts. Real Estate Litigation. We have represented developers and owners in disputes involving the scope of development, the quality of the development, and a myriad of other real estate related disputes. Corporate and Partnership Governance Disputes. In the field of shareholder and partnership disputes, we have significant experience representing shareholders, partners, boards of directors, corporations, and LLCs in litigation involving allegations of breach of fiduciary duties, usurpation of corporate opportunities, fraud, and breaches of trust. Our clients represent a range of industries, including real estate ventures, product producers, medical device companies, re-sellers, inventors, and many others. Insurance. Our attorneys represent individuals and businesses in a variety of insurance matters, including coverage of third party claims under insurance for commercial general liability, errors and omissions liability, professional liability, and directors and officers liability. In that regard, our attorneys counsel clients regarding the insurer’s duty to defend, the right to control the defense, reservations of rights, unfair claims handling, bad faith claims, and coverage for unfair competition, patent, copyright, trademark, deceptive trade practices, false advertising and related claims. As counsel to our clients, our goal is to avoid litigation whenever possible. However, when litigation is unavoidable, Fabyanske, Westra, Hart & Thomson attorneys provide results-oriented, resourceful and cost-effective representation.

Fabyanske, Westra, Hart & Thomson is nationally known for the quality and depth of its construction law practice. The firm’s department is the largest of its kind in the Upper Midwest, with 18 attorneys concentrating their practice in all aspects of the design, development, and construction process. Our trial-tested team of construction law attorneys works with clients to better manage overall procedures, minimize risk, and protect their best interests at every stage. Our construction law team has extensive, diverse experience working in both the public and private construction sectors throughout the United States. We have represented clients spanning all sectors of the industry, such as contractors, subcontractors, owners, design professionals, material suppliers, sureties, and insurers. Our project experience includes major highways, bridges, tunnels, light rail systems, dams and other infrastructure, and vertical buildings of all sorts—from industrial facilities and stadiums to office towers and mixed-use projects. Our scope is both regional and national, and we have handled construction disputes in every state except Hawaii. Our construction law department is rated Band 1 by Chambers and First Tier rated by Best Lawyers®. Many members have been selected for decades as Super Lawyers and the Legal 500 in the area of construction law. Four attorneys are Fellows in the select American College of Construction Lawyers, five have been Chair of the Minnesota Bar Association of Construction Law. Additionally, many more have held leadership positions in construction related associations such as the ABA Forum on Construction Law and the state and national AGC, ABC, and MSA. We are considered leaders in our field, and our attorneys frequently publish articles on construction law topics and are invited to speak at conferences throughout the nation. Because our construction law team concentrates its practice on development, design, and construction, we truly understand how the industry operates. Each of our lawyers brings invaluable, in-depth knowledge of the unique features, processes, and legal matters that arise in the construction industry for which clients seek our professional counsel. The result? We speak the same language as our clients. We know the relationships, practices, and risks unique to the construction industry, and that means the difference between a successful project and an unnecessary loss.

With extensive experience representing closely held businesses and their owners, Fabyanske, Westra, Hart & Thomson’s team of Corporate and Tax Planning attorneys is respected for the ability of our attorneys to structure, negotiate and implement business and personal strategies that balance our clients’ immediate objectives with long-term benefits. From general corporate matters, financing, tax, business succession planning, employment and employee benefit issues to structuring complex mergers and acquisitions, we know how to address the challenges of today and provide the foundation for the opportunities of tomorrow. We also regularly represent lenders and borrowers in commercial loan transactions, lessors and lessees in real estate and equipment leasing transactions, developers and lenders in real estate development transactions and creditors and debtors in lending, bankruptcy and debt restructuring matters. Several of our attorneys are trained CPAs who previously worked with regional or international accounting firms, giving our attorneys the uncommon ability to advise clients from both legal and financial perspectives. In today’s increasingly complex business environment, it’s more important than ever for your advisor to be more than just knowledgeable, but also insightful and forward thinking–the hallmarks of a Corporate and Tax Planning lawyer at Fabyanske, Westra, Hart & Thomson.

The ever-increasing complexity of personal and business taxation poses a challenge for clients seeking to pass on wealth or transition a business to the next generation. For more than thirty years, our attorneys have set a high standard of knowledge, experience and creativity in advising clients about all aspects of the planning process, from simple wills to multi-generational planning. Our practice group focuses on the personal and family objectives of each client to assure that the client’s beneficiaries receive the property intended for them with a minimum of tax consequences. We are well versed in the full range of estate planning options, especially for closely-held businesses, including wills and trusts, lifetime gifts, asset protection, life insurance and employee stock ownership plans. We work closely with clients’ accountants, financial planners, insurance professionals and other professional advisors to achieve each client’s goals efficiently, with a focus on practical strategies and long-term benefits. Our attorneys have represented trusts and estates before the Internal Revenue Service and the Minnesota Department of Revenue. We also provide services in every aspect of estate and trust administration, including probate court filings, tax filings, preparation of estate, gift and fiduciary tax returns and counseling with respect to charitable giving, guardianships, conservatorships and will contests. Because the focus of our practice is on individuals and closely-held businesses, we have the experience to lead our clients through the many tactical, strategic and emotional issues associated with the planning of an estate or the transition of closely-held businesses to the next generation of owners.

The Finance, Lending & Banking attorneys at Fabyanske, Westra, Hart & Thomson understand the business of banking, the complexities of commercial and real estate finance and the importance of accomplishing our clients’ most pressing business objectives in an efficient manner while mitigating risk. Our team of dedicated Finance, Lending & Banking attorneys have more than 150 years of experience in commercial and real estate lending to deliver to our clients the expertise derived from thousands of transactions. We staff our projects with small teams of great lawyers, formed around one single point of contact through the life of the transaction. When the need arises, we draw on the resources of our other specialized practice groups–Loan Restructuring, Workout and Bankruptcy, Real Estate, and others–to help our clients take advantage of the latest legal and financial innovations. With a well-earned and widely-recognized reputation for deftly handling complex matters, we regularly represent some of the nation’s largest financial institutions, as well as state and local banks, insurance companies, commercial finance companies, and select borrowers in lending transactions of every type, including commercial loans, real estate loans, leveraged buyouts, recapitalizations, asset-based loans, revolving credit loans, mezzanine financings, lines of credit, LIHTC, Historic Tax Credit and New Markets Tax Credit transactions, and many others. The Fabyanske, Westra, Hart & Thomson Finance, Lending and Banking team can successfully guide you through the complexities of lending while anticipating challenges and applying practical solutions throughout every phase, in every project.

Intellectual property rights are a significant source of value and competitive advantage for most companies, but they are some of the most complex rights to understand and enforce. To meet this challenge, companies of all sizes and types turn to Fabyanske, Westra, Hart & Thomson’s experienced Intellectual Property practice for a full range of IP legal services and advice, including patent and copyright infringement, trademark and trade dress infringement, trade secret misappropriation, and ownership and licensing of intellectual property. Our attorneys have significant experience in every aspect of patent litigation and have successfully represented clients from a broad range of industries, including medical device, outdoor patio furniture, and construction equipment. We also have significant experience prosecuting and defending infringement claims involving copyrights, trademarks and trade dress, as well as disputes involving trademark dilution, unfair and deceptive trade practices, and a host of other business torts that often arise in intellectual property disputes, such as business defamation and tortious interference with contractual relations.

Our Labor and Employment Law practice thrives by understanding not just the substantive law in this field but also the business issues facing our clients. Our attorneys focus on the representation of employers in the management of their workforces, throughout the life cycle of the employer-employee relationship. We are experienced in drafting and reviewing all manner of employment agreements and manuals. We also advise on effective policies and practices that minimize risk and accommodate the real business needs of our clients. We counsel clients on sensitive issues such as unfair competition, allegations of harassment and other unfair workplace practices, issues related to corporate governance, and interaction with unions. When a dispute arises, whether it be an administrative charge brought before a state or federal agency or a lawsuit brought in state or federal courts, we have the experience and resources to bring it to its most expedient, cost-effective solution, whether through negotiation, mediation, arbitration or litigation. While we primarily advocate on behalf of employers and management, our attorneys have served as neutrals in certain circumstances. When these situations arise, our focus is on bringing the matters to timely and efficient resolution. To that end, we are experienced in both arbitrations and mediations. In every scenario, we look beyond just the immediate possible outcomes to the potential implications of those outcomes—to employees, to management, to the company’s reputation, and to the business as a whole.

Businesses today face more challenges than ever in pursuing their strategic goals and protecting the interests of stakeholders. Our mergers & acquisitions (M&A) practice delivers responsive and practical solutions in an increasingly complex M&A marketplace. Fabyanske, Westra, Hart & Thomson represents buyers and sellers in a wide variety of M&A transactions. Our lawyers provide start-to-finish assistance in the M&A process, including the evaluation, structuring, negotiation, documentation, and closing of the deal. We also have several attorneys who have practiced as CPAs, permitting us to provide legal and financial advice as well as creative tax solutions. We provide multi-disciplinary advice to handle all aspects of a transaction—from title issues, successor liability, executive compensation, retention and severance agreements, employee matters, environmental concerns and other issues that can arise in an M&A transaction. More than just lawyers, we are business advisors. We have assisted clients in identifying potential targets and potential acquirers. For the last decade, our attorneys averaged one M&A transaction per month, with transaction sizes ranging from a few million dollars to more than $250 million. Whether the buyer is a strategic or financial acquirer or the seller is a first-transaction entrepreneur, we have the necessary legal and business expertise to get the deal done right.

From breaking ground to breaking a profit, Fabyanske, Westra, Hart & Thomson’s dedicated team of Real Estate practitioners provide innovative and practical legal advice to a broad range of real estate industry members, across all types of transactions in Minnesota and throughout the country. We are one of a few select firms with recognized expertise across the spectrum of real estate activities, including development deals, acquisitions and sales, lending, leases, restructurings, environmental issues, tax appeals, and condemnation cases. Our clients include lenders and borrowers, buyers and sellers, landlords and tenants, developers, contractors, and design professionals. We represent clients in all of the major real estate product areas, including office, retail, industrial, residential, hospitality, and specialized uses, such as pipelines. With more than 190 years of combined experience, our Real Estate practice combines the breadth of experience and level of sophistication available from the region’s largest law firms with an exceptionally creative and hands-on approach. We dig deep to understand our clients and their needs in order to deliver solutions that make good business sense. That’s also why we work in small teams with a single senior-level point of contact, providing cost-effective, client-centered service built upon expert insights.

Fabyanske, Westra, Hart & Thomson’s award-winning construction law department is very active in the alternative energy space. We have helped both developers and contractors negotiate contracts, manage claims, and resolve disputes on a variety of solar farms, wind turbine projects, battery storage projects, and hydro-electric facilities. These include disputes involving claimed force majeure events and supply-side shortages. We have obtained significant litigated and arbitrated recoveries for developers defending against differing site conditions and acceleration claims. Additionally, we have been equally successful on behalf of contractors seeking recovery due to design changes and compensable delays. We represent not only small scale but also large international clients in all areas of the country. Our real estate and commercial departments have also played an active role in the alternative energy space, successfully representing developers and landowners to help draft complex solar and wind farm leases. We understand the unique duration of these leases, as they often need to provide landowners with a generational source of income. We also recognize the unique legal challenges of the field caused by the rapidly changing technologies involved with alternative energy. Oftentimes, this practice also requires analyzing antiquated zoning codes and ordinances. By using smaller, dedicated teams, we’re able to draw on attorneys with exceptional experience and strengths in various practices. That way, we’re able to provide thoughtful, thorough analysis of each client’s specific goals, and then create strategic solutions designed to achieve them.

We have successfully represented trusts and estates before the Internal Revenue Service and Minnesota Department of Revenue, and proudly offer our exceptional services to clients in North Dakota. At Fabyanske, Westra, Hart & Thomson, we understand the sensitive, personal, and often emotional nature involved in trust and estate disputes. With these matters, we work closely with our trust and estate planning attorneys to develop efficient, cost-effective solutions aimed at resolving issues without harming the relationships between the parties involved. When needed, we utilize our extensive, trial-tested and proven experience to protect the best interests of our clients. Legal matters regarding trusts and estates can be overwhelming, whether a dispute is involved or not. Understanding the complexities and challenges involved, our practice approaches these cases using smaller, dedicated teams to devise strategies that are effective with respect to each client’s costs, time, and personal and family objectives.

For decades, clients in distressed credit situations throughout the country have turned to our dedicated team of Workout, Loan Restructuring & Bankruptcy attorneys for comprehensive, timely and actionable advice. Fabyanske, Westra, Hart & Thomson’s Workout, Loan Restructuring and Bankruptcy lawyers have guided clients in virtually every form of restructuring, bankruptcy and workout, including floor plan financing, factoring arrangements and asset-based lending, among other things. We counsel clients of all sizes, including many of the nation’s largest financial institutions. We understand the merits and complexities of different approaches for creditors and the products and services they offer. That’s why instead of offering broad financial service coverage to creditors and debtors alike, we provide specialized expertise to secured creditors, equipment lessors, landlords and vendors. This focused practice approach results in unparalleled familiarity with the unique issues and challenges of our clients, and allows us to produce cost-effective, creative and successful strategies both within and outside of formal bankruptcy cases. Put simply, we anticipate issues and address challenges before they become crises.